City of Burlington: An Ordinance in Relation to: Motor Vehicles And Traffic 

In the Year Two Thousand Twenty One: A Regulation in Relation to BURLINTON CODE OF ORDINANCES— CHAPTER 20, MOTOR VEHICLES AND TRAFFIC— ARTICLES I, IV— SECTION 20-1, UPDATING DEFINITIONS— SECTION 20-121, UPDATING TRAFFIC CONTROL SIGNALS — ADDITION OF SECTION 20-125, BICYCLE-SPECIFIC TRAFFIC CONTROL SIGNALS— ADDITION OF SECTION 20-126, BICYCLE USE OF PEDESTRIAN SIGNALS

Sponsor(s): Department of Public Works

Action: Approved

Date: 2/17/2021

Attestation of Adoption: Phillip Peterson EI

Associate Engineer, Technical Services

Published: 05/26/21

Effective: 06/16/21

It is hereby Ordained by the Public Works Commission of the City of Burlington as:

That Chapter 20, Motor Vehicles and Traffic, Article I. In General, of the Code of Ordinances of the City of Burlington is hereby amended as follows:

Chapter 20. MOTOR VEHICLES AND TRAFFIC

Article I. In General

20-1. Definitions.
Whenever in this chapter the following terms are used, they shall have the following meanings respectively given to them:

Assistive Device: A human-powered and motorized wheelchair, personal mobility scooter, or other similar device designed to produce a speed of no more than 20 miles per hour to increase, maintain, or improve the functional capability of an individual with a disability. A user of assistive devices shall be considered a pedestrian and not a vehicle.

Authorized emergency vehicles: Vehicles of the fire and police departments, ambulances, emergency vehicles of federal, state and municipal departments, and public service corporations, when the latter are responding to an emergency in relation to the police or fire department.

Bicycle: Any pedal-driven device propelled entirely by human power and having two or more wheels.

Crosswalk: That portion of the roadway ordinarily included within the prolongation of curb and property lines at street intersections, or that portion of a roadway clearly indicated for pedestrian crossing by lines marked on the surface.

Intersection: The area embraced within the prolongation of the lateral boundary lines of two (2) or more streets which join one another at an angle, whether or not one such street crosses the other.

Micromobility device: Human-powered devices for personal transportation, including, but not necessarily limited to, human-powered skateboards and human-powered scooters. A user of a non-motor-assisted micromobility device shall be considered a pedestrian and not a vehicle.

Motor-assisted bicycle: Any bicycle with fully operable pedals and equipped with a motor that in itself is capable of producing a speed of no more than 30 miles per hour on a paved level surface.

Motor-assisted micromobility device: Any motor-assisted device for personal transportation. This includes any device with no more than three (3) wheels and a motor that in itself is capable of producing a speed of no more than 25 miles per hour on a paved level surface. Motor-assisted micromobility devices are not motor vehicles and shall obey all traffic regulations applicable to motor-assisted bicycles, except as otherwise provided by law or other ordinances.

Motor vehicle: Every vehicle as herein defined which is self-propelled and requires vehicle registration.

Official traffic signs: All signs, signals and markings placed or erected by authority of the city council, traffic commission or the chief of police for the purpose of regulating or directing traffic or parking of vehicles.

Operator or driver: Any person who is in actual physical control of a vehicle.

Parking: The stopping or standing of a vehicle on a roadway, whether occupied or unoccupied, attended or unattended, other than temporarily for the purpose of and while actually engaged in loading or unloading passengers or goods, or in obedience to a police officer or traffic regulations, signs or signals, or while making emergency repairs, or if disabled, while arrangements are being made to move such vehicle.

Pedestrian: Any person on foot, using a personal assistive mobility device, or using a micromobility device.

Roadway: That portion of a street between regularly established curblines, or that part devoted to vehicular traffic.

Sidewalk: That portion of a street between curblines and adjacent property lines.

Street: The entire width between property lines of every way used for vehicular and pedestrian travel which has become public by authority of the law, and such ways in public places other than highways as the public is permitted to use for vehicular and pedestrian traffic.

Vehicle: Any contrivance on wheels or runners used in the roadways of public streets for carrying persons or things.

Cross reference—Bicycles, Definitions, § 6-1.

20-2—20-22. As written.

Articles II—III. As written.

Article IV. Traffic-Control Devices

20-120 Obedience required. As written.

20-121 Traffic-Control Signals Generally.

Whenever traffic is controlled by a traffic-control signal exhibiting the words "Go," "Caution" or "Stop" or exhibiting different colored lights successively one at a time, or with arrows, the following colors only shall be used and the terms and light shall indicate and apply to drivers of vehicles, except when otherwise directed by a police officer, and subject to the right-of-way of emergency vehicles, as follows:

(a) Green alone or "Go": Vehicular traffic facing the signal may proceed straight through or turn right or left unless a lane-use-sign, turn prohibition sign, lane marking, roadway design, separate turn signal indications, or other traffic control device at that place prohibits such movement(either turn). But vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to pedestrians lawfully within an associated crosswalk and to other vehicles lawfully within the intersection when the signal is exhibited. In addition, vehicular traffic turning left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.

(b) Steady yellow alone: Vehicular traffic facing the signal is thereby warned that the related green movement or the related flashing arrow movement is being terminated or that a steady red or "Stop" signal will be exhibited immediately thereafter and the vehicular traffic, except such vehicles lawfully within the intersection, shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited.

(c) Steady red alone or "Stop": Vehicular traffic facing the signal, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly marked stop line; but if there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green or "Go" is shown alone.

(d) Steady red with green arrow: Vehicular traffic facing the signal may cautiously enter the intersection only to make the movement indicated by the arrow and shall yield to other traffic lawfully using the intersection.

(Rev. Ords. 1962, § 5201)

(e) Turn on red after stop: Except when a traffic control device is in place prohibiting a turn on red or a steady red arrow signal indication is displayed, When a sign is in place permitting a turn vehicular traffic facing a steady red signal may cautiously enter the intersection to make the turn indicated by such sign after stopping as required by subsection (c). Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection. The right to proceed with the turn shall be subject to the rules applicable after making a stop at a STOP sign.

20-122—20-124. As written.

20-125—20-134 Reserved.

20-125. Bicycle-Specific Traffic-Control Signals.

For the purposes of this Article, the term "Bicycle" shall refer to and include bicycles, motor-assisted bicycles, and motor-assisted micromobility devices.

(a) Notwithstanding Section 20-121, wherever there exists a bicycle traffic-control signal, persons riding a bicycle shall obey the instructions of any official bicycle traffic-control device, instead of traffic-control device for vehicles.

(b) Bicycle-Specific Traffic-Control Signals Legend. Whenever bicycle traffic is controlled by bicycle traffic control signals exhibiting different colored bicycle symbols successively, or with arrows, the following colors and signals shall be used and shall indicate and apply to persons riding bicycles, except when otherwise directed by a police officer, and subject to the right-of-way of emergency vehicles, as follows:

(1) Green bicycle signal: Persons riding bicycles facing this signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn, provided that the bicyclists are not in conflict with any simultaneous motor vehicle movements at the signalized location, and further provided that the bicycle movement is not modified by lane-use signs, turn prohibition signs, pavement markings, separate turn signal indications, or other traffic control devices. But persons riding bicycles, including persons riding bicycles turning right or left, shall yield the right-of-way to other persons riding bicycles and pedestrians lawfully within the intersection when the signal is exhibited.

(2) Yellow bicycle signal: A steady yellow bicycle signal indication shall be displayed following a green bicycle signal indication or a green arrow in the same signal face. Persons riding bicycles facing this signal are thereby warned that the red signal will be exhibited immediately thereafter and bicycle traffic and shall not enter or be crossing the intersection when the red or "Stop" signal is exhibited, unless stopping before entering the intersection may not be made in safety. The yellow bicycle indication shall be followed by a red bicycle signal indication.

(3) Red bicycle signal: Persons riding bicycles facing the signal shall come to a complete stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection and shall remain standing until green bike signal is shown.

(4) Right turn after stopping for red bicycle signal: Persons riding bicycles facing a steady red bike signal, unless otherwise indicated by official signage, may, after coming to a complete stop as required by subsection (b)(3), cautiously enter the intersection to make an indicated right turn. Such persons riding bicycles shall yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other traffic lawfully using the intersection. Turning after stopping is permitted as stated, except that bicyclists positioned to the left of adjacent motor vehicle traffic on the same approach shall be prohibited from turning right on red, and bicyclists positioned to the right of adjacent motor vehicle traffic on the same approach shall be prohibited from turning left on red.

20-126. Bicycle Use of Pedestrian-Control Signals.

Notwithstanding Section 20-121, and where there are no bicycle traffic-control signals, persons riding a bicycle may utilize pedestrian-control signals instead of vehicular traffic control signals as follows:

(a) Persons riding a bicycle facing a "steady red alone" or "Stop" signal shall come to a complete stop before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain stopped until either a "Walk" pedestrian-control signal or a "green alone," "green arrow," or "Go" traffic signal.

(b) Persons riding a bicycle proceeding through an intersection as described in subsection (a) shall yield the right-of-way to any pedestrian lawfully within the adjacent crosswalk.

(c) This Section 20-126 shall apply to all intersections unless otherwise enumerated in Appendix C, Rules and Regulations of the Traffic Commission, Section 31, Intersections Restricting Bicycle Use of Pedestrian-Control Signals.

20-127—20-134 Reserved.

Articles V—VI. As written.

* Material stricken out deleted.

** Material underlined added.