§ 30-3. Operation of vehicles near vulnerable road users.

(a)

Definition. In this section, the term "vulnerable road user" means:

(1)

A pedestrian, including a runner, physically disabled person, community or school volunteers, child, skater, highway construction or maintenance worker, tow truck operator, utility worker, law enforcement personnel acting in furtherance of the color of law, worker with legitimate business on or near the road or right-of-way, or stranded or detained motorist or passenger;

(2)

A person on horseback; and

(3)

A person operating equipment other than a motor vehicle, including, but not limited to, a bicycle, moped, motor-driven cycle, or motor-assisted scooter.

(b)

Territorial applicability; enforcement. This section shall be enforceable within the municipality's municipal boundaries and extraterritorial jurisdiction. As matters related to the public's health, safety, and welfare are of the utmost concern, the city shall be authorized to enforce, though its city attorney, this section as may be allowed by law herein.

(c)

Restrictions.

(1)

An operator of a motor vehicle passing or approaching a vulnerable road user operating on a roadway, street, or alley shall:

a.

Vacate the lane in which the vulnerable road user is located if the highway or street has two or more marked lanes running in the same direction; and

b.

Pass the vulnerable road user at a safe distance and speed.

(2)

For the purposes of subsection (c)(1) of this section, when road or travel conditions allow, a safe distance is not less than:

a.

Three feet if the operator's vehicle is a passenger car or light truck; or

b.

Six feet if the operator's vehicle is a truck, other than a light truck, or a commercial motor vehicle as defined by Texas Transportation Code § 522.003.

(3)

An operator of a motor vehicle that is making a left turn at an intersection, including an intersection with an alley or private road or driveway, shall yield the right-of-way to a vulnerable road user who is approaching from the opposite direction and is in an intersection, or is in such proximity to the intersection as to be an immediate hazard.

(4)

An operator of a motor vehicle may not overtake a vulnerable road user traveling in the same direction and subsequently make a right-hand turn in front of the vulnerable road user unless the operator is safety clear of the vulnerable road user, taking into account the speed in which the vulnerable road user is traveling and the braking requirements of the motor vehicle making the right-hand turn.

(5)

An operator of a motor vehicle may not maneuver the vehicle in a manner that:

a.

Is intended to cause intimidation or harassment to a vulnerable road user; or

b.

Threatens a road user.

(6)

An operator of a motor vehicle shall exercise due care to avoid colliding with any vulnerable road user on a roadway or in an intersection or roadways.

(d)

Penalties; restitution; affirmative defenses.

(1)

The penalty for violation of this section shall be a fine of not less than $50.00 and not more than $500.00. A violator shall also be subject to the maximum penalties allowed by law for failing to appear in court when charged with an offence as described herein.

(2)

Should a violation proximately result in property or other harm, restitution may be ordered.

(3)

It is an affirmative defense to prosecution under this article if at the time of the offense the vulnerable road user was acting in violation of law.

(Ord. No. 2014-02, §§ 1—4, 7-9-2014)