Possible Ordinance re Sidewalk Safety

[Cindy Cook]

Hi:

I live on East Ave, which is a heavily used arterial for pedestrians, bikes,-bikes and scooters. I regularly encounter bikes and scooters traveling at unsafe speeds and acting as though they have the right of way. It’s scary.

At a recent NPA meeting I asked Chapin Spencer about developing an ordinance designed to improve safety for all sidewalk users. Chapin  indicated that the Council is working on an ordinance for rec paths that might be expanded to include sidewalks.

I suggest that such an ordinance::

Make it clear that pedestrians have the right of way,

Requires bikes, e-bikes and scooters to signal pedestrians well before passing them,

Impose a 10mph speed limit for all motorized users.

The ordinance might also include a comments that the city’s preference is for bikes to use roads rather than sidewalks for their own safety as well as for the safety of other sidewalk users.

Might you have time at an upcoming meeting to discuss sidewalk safety?

Thanks for all you do for the bike bed community,

Cindy

 

Cindy Cook

Adamant Accord, Inc.

166 East Ave

Burlington, VT 05401

cc...@adamantaccord.com

802-272-2829

[Jack Evans]

Hi Cindy,

Thanks for reaching out! We are indeed working with the Department of Public Works on some ordinances. There are a few clauses already in the City's ordinances about this type of riding: 

(b)    Persons riding a bicycle upon a sidewalk or bicycle and pedestrian pathway shall yield the right-of-way to any pedestrian.
(c)    Persons riding a bicycle upon a sidewalk or bicycle and pedestrian pathway shall give audible signal before overtaking and passing a pedestrian or another bicycle.
(d)    Persons operating a bicycle on a sidewalk, in areas where such operation is not otherwise prohibited by this chapter, shall exercise due care, which includes operating the bicycle at a speed reasonable for the existing conditions
(e)    Persons operating a bicycle on a sidewalk, in areas where such operation is not otherwise prohibited by this chapter, shall come to a complete stop prior to crossing all street crossings
(f)    No person shall operate a motor-assisted bicycle, motor-assisted micromobility device, pedi-cab or pedi-bus upon any sidewalk.
(g)    Persons riding a motor-assisted bicycle, motor-assisted micromobility device, pedi-cab or pedi-bus on a bicycle and pedestrian pathway shall yield the right-of-way to any pedestrian.

And the current proposed language has 3 relevant changes we/DPW are supporting:

• Expanding item (g) to include all bikes and e-bikes, too
• A new clause limiting a more broad definition of reckless behavior

6-18 Reckless operation
A person may not operate a bicycle, electric bicycle, motor driven micromobility device, or motor-driven cycle,  upon any roadway, bicycle lane, bicycle path, bicycle and pedestrian pathway, or sidewalk (if applicable) under the control of the City of Burlington in a careless, reckless, or negligent manner so as to endanger the life and safety of any person, or the property of any other person. 

• A new clause imposing a speed limit equal to the street speed (which seems to be too high in most cases).

 (I)     Persons operating bicycles, electric bicycles, and motor-assisted micromobility devices on bicycle and pedestrian pathways shall not exceed the designated speed limit for any public street.

For this specific ordinance update, DPW does not want to include a more restrictive speed limit, as it would be important to hold public forums and do more thorough public engagement to make a significant change like that—please keep an eye on our meetings and this forum to find out when and how those meetings might happen. 

However, we believe that when a rider speeds past pedestrians like you describe, they are already behaving illegally based on the existing ordinances. DPW and BPD are aware that this behavior is happening and is illegal but they cite that the City's capacity for enforcement is their primary barrier, which becomes tricky to find solutions for. We expect that a speed limit, similar to what South Burlington is currently considering, might make it easier to enforce—but we also want to advocate for creating protected separate paths for bicyclists to ride as a tool for getting the dangerous riders off sidewalks and away from pedestrians.

Our next meeting is going to be a strategy and planning session for the next year, and while we will absolutely discuss our plans for more ordinance updates, how to improve walking, and pedestrian safety, this topic won't be able to be deeply discussed outside of the public comment section at the beginning of the meeting. I welcome you to attend that section, give input during our strategic planning session, and/or join in for a future meeting that we can dedicate more time to sidewalk safety!

Best,

Jack

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[Cindy Cook]

Thanks, Jack, this is very helpful.

I didn’t realize that these measures are already in ordinance. It seems that what’s needed is a culture shift, as enforcement alone —even if we had some— isn’t sufficient.

I’d love to get a discussion going vis a possible education campaign to raise people’s understanding of what’s safe and appropriate behavior. I wonder if the council might be interested in working w/ UVM (students are a significant part of the problem here on the hill) andLocal Motion. Maybe develop some simple educational materials for student orientation packets. And postings on FPF. And….

Increasing the public’s understanding and awareness is the first step toward the culture change that Many of us want.

Laughable (and scary) that the speed limit on sidewalks is the same as that for the street.

I’ll try to get to the next meeting.

Cheers,

Jack

Cindy

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Cindy Cook

Adamant Accord, Inc.

166 East Ave

Burlington, VT 05401

cc...@adamantaccord.com

802-272-2829