§ 8-41 Operation of Motor Vehicles in Roadways with Bicycle Lanes.
   (a)   Definitions.
      Bicycle. Any foot-propelled vehicle, irrespective of the number of wheels in contact with the ground.
      Bicycle Lane. That portion of a Roadway or Roadway shoulder that has been distinguished from the portion of the Roadway that is to be used by Motor Vehicle traffic by a painted stripe, a curb, or another bicyclist traffic control marking or device. In any action brought to enforce the provisions of this section, the City shall have the burden of proof that a Bicycle Lane has been clearly demarcated and properly signed.
      Motor Vehicle. Any vehicle that is propelled in whole or in part by a motor or any mechanical or artificial means, or is being pushed or towed by the same, except:
         1)   A Bicycle;
         2)   A manual or power wheelchair;
         3)   An electric personal assistance mobility device that constitutes a self-balancing, two-wheeled device designed to transport one person with an electric propulsion system with an average power of 750 watts or one horsepower and that has a maximum speed of less than 20 miles per hour when operated on a paved level surface powered solely by said propulsion system and is operated by a person weighing 170 pounds;
         4)   A City or Carmel-Clay Parks and Recreation owned or leased snow plow, snow blower, sweeper, lawn mower, maintenance vehicle or repair vehicle;
         5)   A City or Carmel-Clay Parks and Recreation owned or leased public safety vehicle;
         6)   An Authorized Emergency Vehicle, as that term is defined in City Code § 8-1;
         7)   A lawn mower, sweeper, or snow removal machine weighing no more than 2,200 pounds; and
         8)   Any vehicle so designated in writing by the City of Carmel Board of Public Works and Safety.
      Roadway. All roads, streets, highways, alleys, courts, squares, or other public ways in the City that are dedicated and open to public use for Motor Vehicle traffic.
   (b)   Operating on Roadways that Contain a Bicycle Lane. The driver of any Motor Vehicle then operating within the City's corporate limits shall, when traveling on a Roadway that contains a designated Bicycle Lane, yield the right-of-way to all persons then operating Bicycles on and within said Bicycle Lane.
   (c)   Turning on Roadways with Bicycle Lanes. The driver of any Motor Vehicle operating within the City's corporate limits shall, when traveling on a Roadway that contains a designated Bicycle Lane, enter the Bicycle Lane to make a right turn only after yielding to all persons then operating a Bicycle on and within said Bicycle Lane and only when doing so will not cause any Bicyclist to collide with the Motor Vehicle or to take evasive actions that impede the Bicycle's forward progress in order to avoid such a collision.
   (d)   Driving on Bicycle Lanes. No driver of any Motor Vehicle operating within the City's corporate limits shall drive and or park said Motor Vehicle in, on, or upon any designated Bicycle Lane or otherwise impede any Bicycle then operating on and within said Bicycle Lane except when safely entering or exiting a legal parking space and then only after yielding to all persons then operating a Bicycle on or within said Bicycle Lane and when doing so will not cause any Bicyclist to collide with the Motor Vehicle or to take evasive actions that impede its forward progress in order to avoid such a collision.
(Ord. D-2137-13, As Amended, 11-4-13)