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ORDINANCE NO. 2014-05 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS AMENDING CHAPTER 82 OF THE SAN MARCOS <br />CITY CODE TO ADD A NEW ARTICLE 8, SAFE PASSING OF <br />VULNERABLE ROAD USERS; AMENDING SECTION 82.159 OF THE <br />SAN MARCOS CITY CODE TO MAKE PARKING IN A BICYCLE LANE <br />A LEVEL THREE PARKING VIOLATION; PROVIDING A SAVINGS <br />CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING <br />PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. Chapter 82 of the San Marcos City Code is hereby amended to add a new <br />Article 8 to read as follows (underlining indicates new text): <br />ARTICLE 8. SAFE PASSING OF VULNERABLE ROAD USERS <br />See. 82.294. Vulnerable road users. <br />(a) In this section, a vulnerable road user means: <br />(1) A pedestrian, including a runner, physically disabled person, child, skater, highway <br />construction and maintenance worker, tow truck operator, utility worker, other <br />worker with legitimate business in or near the road or right -of -way, or stranded <br />motorist or passenger; <br />(2) A person on horseback; <br />(3) A person operating equipment other than a motor vehicle, including, but not limited <br />to, a bicycle handcycle, horse - driven conveyance, or unprotected farm equipment; or <br />(4) A person operating a motorcycle, moped, motor - driven cycle, or motor - assisted <br />scooter. <br />(b) An operator of a motor vehicle passing a vulnerable road user operating on a highway or <br />street shall: <br />(1) Vacate the lane in which the vulnerable road user is located if the highway has two <br />(2) or more marked lanes running in the same direction; or <br />(2) Pass the vulnerable road user at a safe distance. <br />(c) For the purpose of subsection (b)(2), when road conditions allow, safe distance is at least: <br />(1) Three 3) feet if the operator's vehicle is a passenger car or light truck; or <br />(2) Six (6) feet if the operator's vehicle is a truck, other than a light truck, or a <br />commercial motor vehicle as defined by V.T.C.A., Transportation Code $ <br />5 ?? nnl <br />(d) An operator of a motor vehicle that is making a left turn at an intersection, including an <br />intersection with an alley or private road or driveway, shall yield the right -of -way to a <br />