(a) Definitions. In this section, a VULNERABLE ROAD USER means:
(1) A pedestrian (including a runner), physically disabled person, child, skater, stranded motorist or passenger, highway construction or maintenance worker, tow truck operator, utility worker or other worker with legitimate business in or near the road or right-of-way;
(2) A person on horseback;
(3) A person operating equipment other than a motor vehicle, including, but not limited to, a bicycle, handcycle, horse-driven conveyance or unprotected farm equipment;
(4) A person operating a motorcycle, moped, motor-driven cycle or motor-assisted scooter; or
(5) A firefighter or peace officer whose vehicle is equipped with emergency lights that are activated, regardless of whether it is a marked vehicle.
(b) Safe passing. An operator of a motor vehicle passing a vulnerable road user, who is either traveling or stationary on a highway or street, shall:
(1) Vacate the lane nearest to or in which the vulnerable road user is located if the highway or street has two or more marked lanes running in the same direction; or
(2) Pass the vulnerable road user at a safe distance.
a. For the purpose of subsection (b)(2) above, when road conditions allow, safe distance is at least:
1. Three feet from the vulnerable road user if the operator’s vehicle is a passenger car or light truck, as defined by Tex. Transportation Code § 541.201(7); or
2. Six feet from the vulnerable road user if the operator’s vehicle is a truck, other than a light truck, or a commercial motor vehicle as defined by Tex. Transportation Code § 522.003.
(c) Throwing or projecting any object or substance. An occupant of a motor vehicle may not knowingly throw or project any object or substance at or against a vulnerable user, or the user’s animal, equipment or vehicle.
(d) Maneuvering the vehicle. An occupant of a motor vehicle may not maneuver the vehicle in a manner that:
(1) Is intended to cause intimidation or harassment to a vulnerable road user; or
(2) Is reckless and which causes a collision with any vulnerable road user on any roadway or intersection. This includes a collision caused by opening a motor vehicle’s door into the path of a vulnerable road user or the user’s animal or equipment.
(e) Affirmative defense. It is an affirmative defense to prosecution under this section that, at the time of the offense, the vulnerable road user was acting in violation of any applicable traffic laws.
(f) Offenses. To the extent that the conduct is not already covered by the Texas Penal or Transportation Codes:
(1) The penalty for any violation of this ordinance that causes injury to a vulnerable road user shall be a fine not to exceed $500.
(2) The penalty for violations of subsections (c) or (d) above which do not result in injury shall be a fine not to exceed $500.
(3) The penalty for any violation of this ordinance other than of subsections (c) and (d) above which does not cause injury to a vulnerable road user shall be a fine not to exceed $200.
(g) Exception. This section does not apply to conduct or injuries sustained on private property.
(Ord. 19570-03-2011, § 1, passed 3-1-2011)