File #: 18-274    Version: Name: Ord. Amending Ch. 28 of City Code RE: Bicycles
Type: Ordinance Status: Adopted
File created: 8/22/2018 In control: City Council
On agenda: 9/25/2018 Final action: 9/25/2018
Title: Communication from the City Manager and Director of Public Works with a Request to ADOPT an ORDINANCE Amending CHAPTER 28 of the CODE of the City of Peoria Pertaining to TRAFFIC AND MOTOR VEHICLES to Provide Language Consistent with the Illinois Vehicle Code.
Indexes: Goal 2 - Safe Peoria, Goal 3 - Beautiful Peoria, Goal 4 - Grow Peoria, Invest in our infrastructure and transportation, Support sustainability
Attachments: 1. ORD NO 17,616 (Item No. 18-274), 2. First Reading DRAFT of an Ordinance Amending Chapter 28

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Public Works with a Request to ADOPT an ORDINANCE Amending CHAPTER 28 of the CODE of the City of Peoria Pertaining to TRAFFIC AND MOTOR VEHICLES to Provide Language Consistent with the Illinois Vehicle Code.

 

Body

BACKGROUND: 

(This Ordinance went before City Council on September 11, 2018 for a First Reading.)

 

In 2016, City Council adopted Peoria’s Bicycle Master Plan under Item #16-049.  This plan provided Peoria with a much-needed comprehensive interconnected system. This plan was needed because Peoria lacked a comprehensive interconnected system to allow safe and convenient bicycling for commuting to work or school, and shopping and dining areas.  This citywide plan helps set practices and priorities needed to implement and maintain a connected network for bicycle riders.  Combined with the Complete Streets Policy adopted in 2015, the Bicycle Master Plan represents Peoria’s efforts to make our public spaces safe and accessible for users of all ages and abilities.

 

Contained within the Bicycle Master Plan are recommendations to make the Peoria City Code more bicycle-friendly and safer for bicycle use.  In 2017, Staff reviewed the City Code pertaining to bicycle use, the Illinois Vehicle Code and the City of Chicago’s City Code (Chicago is a community with heavy bicycle use) to determine what additions could be made to the Peoria City Code to improve bicycle safety and awareness.  Recommended changes to Chapter 28 of the City Code were proposed concerning Turning and Passing as pertains to bicycles.  These proposed changes were adopted in October 2017.

 

Since this time, additional recommendations were brought to staff from the Peoria Bicycling community.  Staff further reviewed sections of the Illinois Vehicle Code and are bringing forth additional recommended changes to Chapter 28 of the City Code concerning bicycle use in Peoria.  These recommendations include the following language additions:

 

Vehicles Obstructing Traffic:  This recommendation will address vehicles being struck by open vehicle doors near paths used by bicycles. This language is from the Illinois Vehicle Code and is to be added to the end of Chapter 28, Section 28-169 of the Peoria City Code.

No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

Driving on roadways laned for traffic: This recommendation will address bicycle safety when being overtaken by vehicles riding unlawfully on the shoulder of a roadway.  This language has been previously adopted by the State of Illinois and is in the Illinois Vehicle Code.  The proposed paragraph shall go at the end of Chapter 28, Section 28-170 of the Peoria City Code.

                     Vehicles shall be driven on a roadway, and shall only be driven on the shoulder for the purpose of stopping or accelerating from a stop while merging into traffic. It shall be a violation of this Section if while merging into traffic and while on the shoulder, the vehicle passes any other vehicle on the roadway adjacent to it.

                     This Section shall not apply to any authorized emergency vehicle, to any authorized transit bus, to any bicycle, to any farm tractor or implement of husbandry, to any service vehicle while engaged in maintenance of the highway or related work, or to any authorized vehicle within a designated construction zone.

Limitations on overtaking on the left: This recommendation will address bicycle safety when being overtaken by vehicles on the left.  This language has been previously adopted by the State of Illinois and is in the Illinois Vehicle Code.  The proposed paragraph shall go at the end of Chapter 28, Section 28-174 of the Peoria City Code.

                     The driver of a 2 wheeled vehicle may not, in passing upon the left of any vehicle proceeding in the same direction, pass upon the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit such passing maneuver safely.

                     A driver of a motor vehicle overtaking a bicycle proceeding in the same direction on a highway, may pass to the left of the bicycle on a portion of the highway designated as a no-passing zone, subject to the provisions of Section 28-172 of this Code, if the driver is able to overtake and pass the bicycle when:

o                     the bicycle is traveling at a speed of less than half of the posted speed limit of the highway;

o                     the driver is able to overtake and pass the bicycle without exceeding the posted speed limit of the roadway; and

o                     there is sufficient distance to the left of the centerline of the highway for the motor vehicle to meet the overtaking and passing requirements under this section.

                     A person driving a motor vehicle shall not, in a reckless manner, drive the motor vehicle unnecessarily close to, toward, or near a bicyclist, pedestrian, or a person riding a horse or driving an animal drawn vehicle.

                     Every person convicted of paragraph (e) of this Section shall be guilty of a Class A misdemeanor if the violation does not result in great bodily harm or permanent disability or disfigurement to another. If the violation results in great bodily harm or permanent disability or disfigurement to another, the person shall be guilty of a Class 3 felony.

 

The ordinance with the proposed changes to Chapter 28 of the City Code is attached.

 

FINANCIAL IMPACT:  No direct financial impact is expected from the proposed Code amendment.

 

NEIGHBORHOOD CONCERNS:  Bicycle-friendly Code will benefit neighborhoods by helping to safely accommodate all roadway users, encourage healthy behavior for Peoria citizens and provide for better neighborhood connectivity.

                     

IMPACT IF APPROVED: The City will have Code language that is consistent with the previously adopted Bicycle Master Plan and the Illinois Vehicle Code.

 

IMPACT IF DENIED:  The current Ordinance language will remain as written.

 

ALTERNATIVES:  NA

 

EEO CERTIFICATION NUMBER: NA

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Safe Peoria                     

2. Beautiful Peoria

3. Grow Peoria

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Invest in our infrastructure and transportation.                     

2. Support sustainability.                     

3. Not applicable.                     

 

DEPARTMENT: Public Works