(A) A person commits the offense of failure to use a bicycle lane or path if the person operates a non-motorized vehicle on any portion of a roadway that is not a bicycle lane or bicycle path when a bicycle lane or bicycle path is adjacent to or near the roadway.
(B) A person is not in violation of the offense under this section if the person is able to safely move out of the bicycle lane or path for the purpose of:
(1) Overtaking and passing another non-motorized vehicle, a vehicle or a pedestrian that is in the bicycle lane or path, and passage cannot safely be made in the lane or path;
(2) Preparing to execute a left turn at an intersection or into a private road or driveway;
(3) Avoiding debris or other hazardous conditions;
(4) Preparing to execute a right turn where a right turn is authorized; and/or
(5) Continuing straight at an intersection where the bicycle lane or path is to the right of a lane from which a motor vehicle must turn right.
(Ord. 632, passed 11-7-2012) Penalty, see § 73.99