Local adoption of alternative regulation of bicycles and electric scooters approaching intersections - alternative regulation described - validity of existing local ordinance or resolution - definitions.

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(1) A county or municipality may adopt an ordinance or resolution implementing this section. If a county or municipality adopts an ordinance or resolution pursuant to this section, the ordinance or resolution must specify the following:

  1. A person riding a bicycle, electrical assisted bicycle, or electric scooter and approaching an intersection of a roadway with a stop sign shall slow down and, if required for safety, stop before entering the intersection. If a stop is not required for safety, the person shall slow to a reasonable speed and yield the right-of-way to any traffic or pedestrian in or approaching the intersection. After the person has slowed to a reasonable speed and yielded the right-of-way if required, the person may cautiously make a turn or proceed through the intersection without stopping.

  2. For purposes of this subsection (1), a reasonable speed is fifteen miles per hour orless. A municipality, by ordinance, or a county, by resolution, may reduce the maximum reasonable speed at any individual intersection to ten miles per hour or raise the maximum reasonable speed to twenty miles per hour if the municipality or county also posts signs at the intersection stating that lower or higher speed limitation.

  3. A person riding a bicycle, electrical assisted bicycle, or electric scooter and approaching an intersection of a roadway with an illuminated red traffic control signal shall stop before entering the intersection and shall yield to all other traffic and pedestrians. Once the person has yielded, the person may cautiously proceed in the same direction through the intersection or make a right-hand turn. When a red traffic control signal is illuminated, a person shall not proceed through the intersection or turn right if an oncoming vehicle is turning or preparing to turn left in front of the person.

  4. A person riding a bicycle, electrical assisted bicycle, or electric scooter approachingan intersection of a roadway with an illuminated red traffic control signal may make a left-hand turn only if turning onto a one-way street and only after stopping and yielding to other traffic and pedestrians. However, a person shall not turn left if a vehicle is traveling in the same direction as the person and the vehicle is turning or preparing to turn left. If the person is not turning left onto a one-way street, the person shall not make a left-hand turn at an intersection while a red traffic control signal is illuminated.

(2) If a county or municipality adopted a valid ordinance or resolution that regulates bicycles or electrical assisted bicycles substantially as described in subsection (1) of this section prior to May 3, 2018, that ordinance or resolution remains valid.

(2.5) Nothing in this section affects the validity of an ordinance or resolution that a municipality, county, or city and county adopted pursuant to this section if the ordinance or resolution:

(a) Was adopted before May 23, 2019; and (b) Applies to electric scooters.

  1. The adoption of an ordinance or resolution in accordance with this section does notdiminish or alter the authority of the department of transportation or the state transportation commission as those entities are defined in section 43-1-102 regarding the department's or commission's authority to regulate motor vehicle traffic on any portion of the state highway system as defined in section 43-2-101 (1).

  2. As used in this section:

  1. "Electrical assisted bicycle" means the term as it is defined in section 42-1-102 (28.5).

  2. "Municipality" means a home rule or statutory city, town, or city and county.

Source: L. 2018: Entire section added, (SB 18-144), ch. 193, p. 1279, § 1, effective May

3. L. 2019: (1)(a), (1)(c), and (1)(d) amended and (2.5) added, (HB 19-1221), ch. 271, p. 2564, § 15, effective May 23.


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