City of Madison
Legislative File ID   13273
Type:   Ordinance    Status:   Passed
Enactment Date:   4/2/2009    Enactment No.:   ORD-09-00055
Title:  
Creating Section 12.26 of the Madison General Ordinances to create restrictions on opening vehicle doors into oncoming traffic and leaving vehicle doors open while loading or unloading; and amending Sec. 1.08(3)(a) to create a bail deposit for these violations.
Controlling Body:   PEDESTRIAN/BICYCLE/MOTOR VEHICLE COMMISSION
Introduced:   1/13/2009    Version:   1
Final Action:   3/17/2009    Contact:   dalthaus@cityofmadison.com
Name:  
Vehicle Doors
Extra Date 1:  
Requester:   PEDESTRIAN/BICYCLE/MOTOR VEHICLE COMMISSION
Sponsors:  
Robbie Webber, Michael E. Verveer, Paul E. Skidmore, Eli Judge, Judy Compton
Legislative History
DateActing BodyAction TakenMotion
1/13/2009Attorney's Office/Approval GroupThis Ordinance was Referred for Introduction
Notes: Pedestrian/Bicycle/Motor Vehicle Commission; Public Safety Review Board
1/20/2009COMMON COUNCILThis Ordinance was Referred to the PEDESTRIAN/BICYCLE/MOTOR VEHICLE COMMISSION
Notes: Additional Referral(s): Public Safety Review Board
1/20/2009PEDESTRIAN/BICYCLE/MOTOR VEHICLE COMMISSIONThis Ordinance was Refer to the PUBLIC SAFETY REVIEW BOARD
Notes:
2/10/2009PUBLIC SAFETY REVIEW COMMITTEEThis item was previously on the PSRB agenda as a communication from State Representative Sondy Pope-Roberts who contacted the City Clerk's Office reference a incident in which a bicyclist had a car door opened in front of her while she was on her bike. In this instance the bicyclist received a ticket for riding too close to a parked car. This ticket was dismissed at a later date. Alder Webber mentioned during that meeting that Wisconsin is far ahead of protecting bicyclists on the streets but one thing that is not covered is there is no State Law that prohibits opening a door into traffic or impeding traffic. Webber indicated that this law will be reintroduced at the State Legislature this legislative session but until then she is working on addressing the issue as a local ordinance. She indicated that this uniform vehicle law has been adopted both locally and at the State level across the Country. Today, Alder Webber along with three citizens from the public; John Jacobs, Greg Ferguson, and Michael Rewey expressed their opinions on why they are in favor of a legislation to protect bicyclists. Webber indicated that is something that could be portrayed specifically about bicycling but what it comes down to is the safe use of streets and that it is the responsibility of the driver to check before exiting their car. One question that was asked to Captain Bach from the Madison Police Department is if the Police Department has an official position on this ordinance? He indicated that the Police Department would support any ordinance that would help reduce injury and make the streets safer whether for motorists, bicyclists, or pedestrians. What he thought though was that there would be a need to clarify what the expectations are. He said that the issue is if there is a crash where a door is opened and the crash is between the bicyclist and another vehicle it would be the ability to determine if the person didn't look or if the bicyclist may or may not been between the 3 feet. This would then require the investigating officer to pull together all of the information to decide if there is going to be a citation issued. Bach mentioned that one thing that MPD did discuss was that MPD simply does not have the resources to utilize this beyond a tool at crash investigations. He indicated that MPD does not have the resources to use the speeders hotline type of system where someone would provide information to provide follow-up. Professor Scott mentioned that the main use of this ordinance would be a way to educate and to also give Officers a tool to be able to issue a citation when fault can be established which is important for insurance claims and also on civil liability claims. The group was in favor of this ordinance. Alder Judge and Skidmore indicated that they would both like to be added as a sponsor to this ordinance.
Notes:
2/25/2009PEDESTRIAN/BICYCLE/MOTOR VEHICLE COMMISSIONA motion was made by Webber, seconded by Skidmore, to RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER . The motion passed by voice vote/other. Webber explained that the ordinance was in response to a communication from Rep. Sondy Pope-Roberts after a bicyclist was ticketed for running into an opened car door. This led to the discovery that WI does not have a statute prohibiting vehicle occupants from opening a car door into traffic. Such a statute is common in many states. Rep. Pope-Roberts is working on legislation at the state level but urged the City to pass an ordinance at the local level. The ordinance simply requires that a person look before opening a vehicle door into traffic. Enforcement would likely be after the fact and used to assign liability. The “reasonable period of time” for leaving a car door open in traffic would be determined by a police officer. Ross advised this language is from the Uniform Vehicle Code (UVC) and is similar to language used in other states that have a statute like this. The reasonable length of time will depend on what is being done, e.g., unloading boxes, person with a disability exiting the vehicle, etc. If the state law is passed, the City ordinances adopt the state statutes in the Vehicle Code automatically by reference. Webber/Skidmore moved approval, carried unanimously.Pass
Notes:
3/17/2009COMMON COUNCILA motion was made by Ald. Bruer, seconded by Ald. Verveer, to Adopt. The motion passed by the following vote:Pass
(18:1)
Notes:
Approvals
ApproverDateApproval Status
Daniel Bohrod1/16/2009Approved
Michael May1/15/2009Approved

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