City of Atlanta
Georgia

Ordinance
19-O-1110
Adopted as Amended
Mar 18, 2019 1:00 PM

****AN ORDINANCE BY COUNCILMEMBERS CARLA SMITH, JENNIFER N. IDE, AMIR R. FAROKHI, MATT WESTMORELAND, J.P. MATZIGKEIT, ANDRE DICKENS, AND DUSTIN HILLIS AS AMENDED BY PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND TRANSPORTATION COMMITTEE TO AMEND CHAPTER 150 (TRAFFIC AND VEHICLES), ARTICLE III (GENERAL RULES OF VEHICLE OPERATION), SECTION 150-65 (BICYCLE ROUTES, BICYCLE LANES, AND MULTI-USE TRAILS) OF THE CITY OF ATLANTA CODE OF ORDINANCES TO CREATE A NEW SUBSECTION (C) TO ESTABLISH A PENALTY FOR THE IMPROPER USE OF BICYCLE ROUTES, BICYCLE LANES, AND MULTI-USE TRAILS AND TO REQUEST THE CITY SOLICITOR TO ESTABLISH A DIVERSION PROGRAM TO PROVIDE EDUCATION ON BICYCLE SAFETY AND TRAFFIC LAWS FOR BOTH DRIVERS AND BICYCLISTS; AND FOR OTHER PURPOSES.

Information

Department:Office of Research and Policy AnalysisSponsors:Councilmember, District 1 Carla Smith
Category:Personal PaperFunctions:None Required

Item Discussion

(Favorable as Amended by Public Safety and Legal Administration 3/12/19)

Body

WHEREAS, promoting bicycling helps create overall quality of life through improved public health, cleaner air, less congestion, and stronger communities; and

 

WHEREAS, in the interests of facilitating safe bicycling as a form of transportation for its benefits to the community, the City of Atlanta has designated certain lanes on streets and roads as bicycle lanes; and

 

WHEREAS, the city is committed to expanding safe bicycle infrastructure throughout the city; and 

 

WHEREAS, the safety and utility of bicycle infrastructure is effectively eliminated when a vehicle parks in a bike lane or cycle track; and

 

WHEREAS, pursuant to City of Atlanta Code of Ordinances Section 150-99 (Stopping, standing or parking of a motor vehicle on sidewalk or within five feet of the public right-of-way), the penalty for stopping, standing, or parking on a sidewalk is $100.00 or $1,000.00, depending on the type of vehicle; and

 

WHEREAS, in the interests of promoting both the safety of bicyclists and automobile drivers and ensuring that bicycle lanes in all areas of the City are properly used, the Atlanta City Council desires to amend Chapter 150 (Traffic and Vehicles), Article III (General Rules of Vehicle Operation), Section 150-65 (Bicycle Routes, Bicycle Lanes, and Multi-Use Trails) of the City of Atlanta Code of Ordinances to create a new subsection (c) to establish a penalty for the improper use of bicycle routes, bicycle lanes, and multi-use trails to mirror that of stopping, standing, or parking on a sidewalk; and

 

WHEREAS, the Atlanta Bicycle Coalition provides free bicycle safety classes; and

 

WHEREAS, to help promote understanding and awareness of the proper use of bicycle routes, bicycle lanes, multi-use trails within the City of Atlanta, the City Solicitor’s Office, in collaboration with the Atlanta Bicycle Coalition, shall develop a Diversion Program to provide education on bicycle safety and traffic laws for both drivers and bicyclists; and 

 

WHEREAS, violators of the provisions of this ordinance shall be eligible for participation in the program only once annually until termination of the program on December 31, 2021.

 

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS:

 

SECTION 1: That Chapter 150 (Traffic and Vehicles), Article III (General Rules of Vehicle Operation), Section 150-65 (Bicycle Routes, Bicycle Lanes, and Multi-Use Trails) of the City of Atlanta Code of Ordinances be amended to create a new subsection (c) to prohibit the improper use of bicycle routes, bicycle lanes, and multi-use trails, and to establish a penalty to be imposed for violations thereof which shall read as follows:

 

(c)              Violations; penalties.  Any person violating any provision of this section shall be deemed guilty of an offense and upon conviction thereof shall be punished by the municipal court for the City of Atlanta as set forth herein.

 

(1)              No person shall stop, leave standing, or park any passenger vehicle, automobile, light truck, sport utility vehicle, or motorcycle whether attended or unattended, on any portion of a bicycle route, bicycle lane or multi-use trail within the city's municipal street system and on extensions of a county road system within the city's corporate limits, including but not limited to areas for loading and unloading, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a peace officer or official traffic control device. Any person violating this provision shall be deemed guilty of an offense and upon conviction, shall be fined $100.00. 

 

(2)              No person shall stop, leave standing, or park any motor vehicle operated separately or in combination with any trailer or semitrailer which has either two axles with six or more tires or three or more axles, whether attended or unattended, on any portion of a bicycle route, bicycle lane, or multi-use trail within the city's municipal street system and on extensions of a county road system within the city's corporate limits, including but not limited to areas for loading and unloading, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a peace officer or official traffic control device. Any person violating this provision shall be deemed guilty of an offense and upon conviction, shall be fined $1,000.00. 

 

SECTION 2: That the City Solicitor’s Office, in collaboration with the Atlanta Bicycle Coalition, shall develop a Diversion Program to provide education to violators of this ordinance on bicycle safety and traffic laws for both drivers and bicyclists. 

 

SECTION 3: Violators of the provisions of this ordinance shall be eligible for participation in the program only once annually until termination of the program on December 31, 2021.

 

SECTION 4: The Diversion Program shall automatically terminate on December 31, 2021.

 

SECTION 5: No later than October 2021, the City Solicitor’s Office shall provide and present the Public Safety and Legal Administration Committee an evaluation report on the Diversion Program in order to provide the Council an opportunity to consider whether the Diversion program should be extended, by ordinance, passed December 31, 2021.

 

SECTION 6: That the amendments reflected in this Ordinance shall become effective immediately upon adoption.

 

SECTION 7: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict only.

 

Meeting History

Mar 4, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE AND TRANSPORTATION COMMITTEE WITHOUT OBJECTION

Mar 12, 2019 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft

Rebecca Serna

RESULT:FAVORABLE AS AMENDED [UNANIMOUS]
MOVER:Howard Shook, District 7
SECONDER:J. P. Matzigkeit, District 8
AYES:J. P. Matzigkeit, Andrea L. Boone, Andre Dickens, Marci Collier Overstreet, Howard Shook
ABSENT:Dustin Hillis
Mar 13, 2019 10:30 AM Video Transportation Committee Regular Committee Meeting
draft Draft
RESULT:FAVORABLE AS AMENDED [6 TO 0]
MOVER:Carla Smith, District 1
SECONDER:Amir R Farokhi, District 2
AYES:Andre Dickens, Matt Westmoreland, Amir R Farokhi, Jennifer N. Ide, Marci Collier Overstreet, Carla Smith
ABSTAIN:Joyce M Sheperd
Mar 18, 2019 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

ADOPTED AS AMENDED BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:ADOPTED AS AMENDED [UNANIMOUS]
MOVER:Andre Dickens, Councilmember, Post 3 At Large
SECONDER:Marci Collier Overstreet, Councilmember, District 11
AYES:Michael Julian Bond, Matt Westmoreland, Andre Dickens, Carla Smith, Amir R Farokhi, Natalyn Mosby Archibong, Jennifer N. Ide, Howard Shook, J. P. Matzigkeit, Dustin Hillis, Andrea L. Boone, Marci Collier Overstreet, Joyce M Sheperd
ABSENT:Cleta Winslow