Ord 2014-005/Safe Passing - Laserfiche WebLink

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vulnerable road user who is approaching from the opposite direction and is in the intersection, or is in such proximity to the intersection as to be an immediate hazard. (e) An operator of a motor vehicle may not overtake a vulnerable road user traveling in the same direction and subsequently make a right -hand turn in front of the vulnerable road user unless the operator is safely clear of the vulnerable road user, taking into account the speed at which the vulnerable road user is traveling and the braking requirements of the motor vehicle making the right -hand turn. (f) An operator 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) Threatens a vulnerable road user. (g) An operator of a motor vehicle shall exercise due care to avoid colliding with any vulnerable road user on a roadway or in an intersection of roadways. (h) 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 the law. SECTION 2. Section 82.159(a)(3) of the San Marcos City Code is hereby amended to read as follows (underlining indicates added text): Level three violations .......... 50.00 Commercial vehicle, semi - trailer, pole trailer, construction vehicle or farm equipment on street in residential area Parked in fire zone Parked within 15 feet of a fire hydrant Parked in front or side yard or vacant lot Parked in a bicvcle lane SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. This ordinance will take effect after its passage, approval and adoption on second reading. PASSED AND APPROVED on first reading on February 4, 2014.