Ug. So many words in this new ordinance O25-50. Read the whole thing here.
It makes bike lane use mandatory for ebicyclists, with exceptions; assuming the exceptions are well thought out — and I’m not sure they are — this isn’t necessarily a problem. But most troublesome is adding an impeding rule:
Sec. 8-58. Minimum speed limits. (a) A person shall not operate an E-Bike or E-Scooter on the roadway at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. (b) If a person is operating an E-Bike or E-Scooter at a speed less than the normal flow of traffic at the particular time and place on a two-lane highway where passing is unsafe and if five or more vehicles are formed in a line behind the E-Bike or E-Scooter, the person shall turn the E-Bike or E-Scooter off the roadway at the nearest place designated as a turnout by signs or wherever sufficient area for a safe turnout exists, in order to allow the vehicles following to proceed.
Lets start with sub-sec b first. Setting aside the fact that this situation is highly unlikely to ever occur in Glendale (it’s really a rural road scenario), this is a near carbon-copy of §28-704(C), which applies to drivers of vehicles and already applies to ebicyclists and escooterists, because they (as well as bicyclists) are required to follow laws that apply to drivers of vehicles because of the bicyclist applicability statute §28-812. It’s just redundant and seems unnecessary. Were the people drafting this ordinance getting paid by the word?
The problem is sub-sec a. This is a near carbon copy of §28-704(A), which applies to drivers of motor vehicles exclusively and as such doesn’t apply to bicyclists. (ebicycles and escooters, as defined, are NOT motor vehicles either).
Because it’s safer to control a narrow lane, bicyclists have a right to use to use lanes where they may or will be going less than the “normal speed” of traffic — see “where to ride on the road“. This rule will be used to remove that right from ebicyclists.
The general idea embodied in state law is that there is no need to apply an impeding law to a bicyclist because of the bicyclist-specific stay-right rule §28-815(A). This local code upsets that premise.
Curiously, the ordinance allows ebikes/scooters on sidewalks without any particular restrictions; other than the obvious like reasonable and prudent speed, etc. For a stark contrast, see this proposed state law which would impose dramatic restrictions on sidewalk use by ebikes (and bicyclists too!).
Where are Glendale’s Bicycle Ordinances?
I spent 10 minutes pouring over Glendale’s existing Code of Ordinances and cannot fine them!!!??? I would have thought they would be in Chapter 24 but I don’t see any. If anyone knows please let me know.
It’s even weirder for e-Scooters
I don’t dwell on eScooters, however, the way the mandatory bike lane rule is written is very strange —
eScooters are BANNED from roads with speed limits above 25mph unless there is a bike lane. Sidewalk riding is also allowed… so… if you are riding in a bike lane and want to turn left, or turn right in a RTO lane, or the bike lane is blocked or whatever YOU MAY NOT LEAVE THE BIKELANE FOR ANY REASON. Presumably the only legal way to proceed is to stop dead (or more nimble riders can bunny-hop the curb) and move yourself and scooter to the sidewalk. That’s the upshot of this subsection:
8-60(b)(1) When a Bike Lane is not present or an exception exists as outlined in subsection (A) above, which prevents the use of the Bike Lane, an E-Bike or E-Scooter may be operated on a roadway subject to the following: (1) No person shall operate an E-Scooter on the roadway if the posted speed limit is greater than 25 miles per hour.
Besides the notes outlined above, the problems with a law like this include:
1) It is contrary to laws all over the country where bicycles are not required to use bike lanes – for good reasons, as outlined below.
2) What happens when the bike lane is blocked? A regular and ongoing occurrence in every bike lane I’ve ever used. Is it up to Officer Friendly? That is, the bike lane is blocked by city utility/maintenance/garbage trucks and/or police/fire vehicles, USPS/UPS/FedEx/Ontrac delivery vehicles, moving trucks, contractor/construction-related vehicles, parking by drivers for “just a minute”, blocked by garbage and recycle bins on pick up day, etc.
3) Bicyclist is turning left, or going strait through an intersection when there is a right turn lane (for cars).
Some of those are enumerated exceptions, EG the turning you mentioned, they even specifically mention door zone bike Lanes as an exception, which is a nice touch.
I’m still puzzled that I can’t find (any) bicycle codes for Glendale !? For all I know all those bad things they added for ebikes already applied a bicyclist and I just can’t find it.
There are drafting language inconsistencies I didn’t mention in the article:
“the operator … shall use that Bike Lane and shall not use the roadway”
This implies or says that a bike lane is not part of the roadway; but that’s incorrect. A bike lane (in Arizona and in almost all states IS a part of the roadway).
…
e-scooterists have things even worse than ebicyclists, consider:
8-60(b)(1) says that “No person shall operate an E-Scooter on the roadway if the posted speed limit is greater than 25 miles per hour.” when a BL is not available. And cannot, e.g. ever turn left or right, since doing so would require leaving the BL and that’s not allowed (in Glendale anyway!). This would conflict with state law that requires the driver of a vehicle — which would include e-scooterists — turning left to move to the left in preparation for the turn, or turning right to move to the right. Did Glendale really mean to conflict with state law?
As you mention, the door zone bike lanes are a problem, especially with this law. The car brains do not understand why the cyclist is straddling the bike lane paint stripe, or even at the edge of “their” lane, when riding along a string of parked cars. In my experience, this leads to more anger and aggressive behavior from a percentage of motorists. That’s the main problem with laws such as these. The backlash cyclists will eventually receive from motorists and Officer Friendly now that their second class status is codified.