(A) Use of trails. Use of city multi-use trails facilities may cause injury or potential death. The city is not responsible for injuries, and each trail user agrees to hold the city harmless from related damages and claims. All rules stated in § 93.01 apply to the multi-use trails, paths or sidewalks operated by the city. In addition, the following rules must be adhered to.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOTORIZED 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:
(a) A bicycle;
(b) A manual or power wheelchair;
(c) An electric personal assistance mobility device that constitutes a self-balancing, two wheeled device designed to transport one person with electric propulsion system with an average power of 750 watts or one horsepower and that has a maximum speed of less than 20 mph when operated on a paved and level surface powered solely by said propulsion system and is operated by a person weighing 170 pounds;
(d) A city owner, leased or contracted snow plow, snow blower, sweeper, lawn mower, maintenance vehicle or repair vehicle;
(e) A city owned or leased public safety vehicle;
(f) An authorized emergency vehicle; or
(g) Any vehicle so designated in writing by the city.
MULTI-USE TRAIL. Any named hard surface operated by the City of Westfield being greater than ten feet in width including, but not limited to, the Monon Trail, the Midland Trace Trail, the Grand Junction Trail, the Natalie Wheeler Trail, the Monon Midland Loop Trail, the Grassy Branch Trail and the Cool Creek Trail.
PATH. Any hard surface eight to ten feet in width, operated by the City of Westfield that exists within city right-of-way.
SIDEWALK. Any hard surface less than eight feet in width that exists within the City of Westfield right-of-way.
TRAIL USER. Any person, resident or nonresident, actively using a multi-use trail, path, or sidewalk for purposes of recreation or transportation.
(C) No motorized vehicles allowed. Motorized vehicles are prohibited on any trails in the city parks trail system, with the exception of the areas specified in Ordinance 18-50.
(D) Trail user duty to yield and signal.
(1) All users have the duty to obey the following yield rules:
(a) Bicycles yield to rollerbladers;
(b) Bicycles and rollerbladers yield to skateboarders;
(c) Bicycles, rollerbladers, and skateboarders yield to runners; and
(d) All yield to pedestrians.
(2) Any trail user upon a multi-use trail shall yield the right-of-way to any other trail user they approach from behind and shall give an audible signal before overtaking and then safely passing said trail user.
(E) Animals. Any animal on a multi-use trail must be restrained by a leash or lead no longer than six feet, or under the physical control of the animal’s owner or attending party. Pet owners must have and use a container or device for the holding of their pet’s waste while they are on a trail or pathway. Violations will result in fines.
(F) Trail user to obey the laws. All trail users within the city multi-use trail system shall obey all traffic signals, traffic control devices, signs and markings upon any path, sidewalk or multi-use trail unless otherwise directed by a police officer. Failure to obey these will result in a fine.
(G) Right-of-way. Trail users have the right-of-way while on any multi-use trail, path or sidewalk located within the city, and all others must yield or adjust their rate and direction of travel to avoid a collision with any and all such trail users. However, trail users are required to yield to vehicular traffic at those points where the multi-use trails, paths or sidewalks intersects with or crosses the roadway.
(H) Multi-use trail speed limits. No vehicle on which one or more persons and/or property is or may be transported or drawn, whether motorized, propelled by human power, the wind, or in any other manner, may operate or travel in excess of 20 mph on or along any multi-use trail, path or sidewalk within the city.
(Prior Code, § 44-2) (Ord. 21-37, passed 10-11-2021) Penalty, see § 93.99