(A) Definition.
SHARED USE PATH. Means a paved path outside the traveled way and physically separate from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent alignment. A shared-use path may be used by bicycles, pedestrians, including skaters and joggers, users of manual and motorized wheelchairs, and other authorized motorized and non-motorized users.
(B) Marble Cliff shared-use path.
(1) The village has established shared-use paths within its municipal boundaries including:
(a) A shared-use path extending from the southeast corner of the intersection of Dublin Road and West Fifth Avenue to the southwest corner of Arlington Avenue and West Fifth Avenue running parallel to West Fifth Avenue within the village.
(b) A shared-use path extending from the southern municipal corporation line on Dublin Road to the southeast corner of the intersection of Dublin Road and West Fifth Avenue running parallel to Dublin Road within the village.
(2) The village may establish additional shared-use paths in the future. This section and any changes, amendments, or additions thereto, shall apply to all shared-use paths in the village whether existing at the time this section became effective or established thereafter.
(C) Rights, responsibilities, and protections of lawful users of the Marble Cliff shared-use path.
(1) Moving upon right half of shared-use paths.
(a) Lawful users of shared-use paths shall move, whenever practicable, upon the right half of the shared-use path.
(b) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(2) Right-of-way on shared-use path.
(a) The driver of a vehicle shall yield the right-of- way to any lawful user on a shared-use path.
(b) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.
(3) Turning into or out of private road, driveway or alley.
(a) It shall be the duty of the driver of any vehicle entering or exiting a private road or driveway, or alley to yield the right-of-way to any lawful user of a shared-use path extending across any alleyway, private road, or driveway.
(b) Whoever violates this section is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree.
(Ord. O-2585-18, passed 2-18-19)