S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2584
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE,  FAHY, D'URSO, COOK -- read once and
   referred to the Committee on Transportation
 
 AN ACT to amend the highway law and the  vehicle  and  traffic  law,  in
   relation to organized bicycle and running events on public highways
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 316 of the highway law, as amended by  chapter  655
 of the laws of 1978, is amended to read as follows:
   § 316. Entitled to free use of highways. The authorities having charge
 or  control  of  any highway, public street, park, parkway, driveway, or
 place, shall have no power or authority to pass, enforce or maintain any
 ordinance, rule or regulation by which any person  using  a  bicycle  or
 tricycle  shall be excluded or prohibited from the free use of any high-
 way, public street, avenue, roadway, driveway, parkway, park, or  place,
 at  any time when the same is open to the free use of persons having and
 using other pleasure carriages, except upon such driveway,  speedway  or
 road  as has been or may be expressly set apart by law for the exclusive
 use of horses and light carriages. But nothing herein shall prevent  the
 passage,  enforcement  or  maintenance  of  any regulation, ordinance or
 rule, regulating the use of bicycles or tricycles  in  highways,  public
 streets,  driveways,  parks,  parkways, and places, or the regulation of
 the speed of carriages, vehicles or engines, in public  parks  and  upon
 parkways  and  driveways  in  the  city of New York, under the exclusive
 jurisdiction and control of the department of parks  and  recreation  of
 said city, nor prevent any such authorities in any other city from regu-
 lating  the  speed of any vehicles herein described in such manner as to
 limit and determine the proper rate of speed with which such vehicle may
 be propelled nor in such manner as to require, direct  or  prohibit  the
 use  of  bells, lamps and other appurtenances nor to prohibit the use of
 any vehicle upon that part of the highway,  street,  park,  or  parkway,
 commonly  known as the footpath or sidewalk. NO REGULATION, ORDINANCE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04604-01-9

 A. 2584                             2
 
 RULE REGULATING THE USE OF BICYCLES, TRICYCLES OR RUNNERS MAY  DENY  ANY
 ORGANIZED  BICYCLE  OR  RUNNING  EVENTS,  OR  ANY  ORGANIZED EVENTS THAT
 COMBINE BICYCLE AND RUNNING FROM ANY HIGHWAY, PUBLIC STREET, PARK, PARK-
 WAY,  DRIVEWAY  OR PLACE UNLESS SAID AUTHORITY CAN DEMONSTRATE AN UNREA-
 SONABLE HARDSHIP TO ITS INFRASTRUCTURE OR  ITS  RESIDENTS.  FURTHER,  NO
 SUCH  REGULATION, ORDINANCE OR RULE SHALL IMPOSE AN UNREASONABLE FEE FOR
 SUCH USE OF ANY HIGHWAY,  PUBLIC  STREET,  PARK,  PARKWAY,  DRIVEWAY  OR
 PLACE.    THE BURDEN OF PROVING THAT ANY SUCH FEE IS REASONABLE SHALL BE
 ON THE PERTINENT AUTHORITIES.
   § 2. Section 1640 of the vehicle and traffic law is amended by  adding
 a new subdivision (f) to read as follows:
   (F)  NO  LEGISLATIVE  BODY OF A CITY OR VILLAGE SHALL ENACT ANY LAW OR
 REGULATION THAT PROHIBITS THE USE OF ITS ROADS TO  BICYCLES  OR  RUNNERS
 ENGAGED  IN  ORGANIZED EVENTS THAT COMBINE BICYCLE AND RUNNING, FROM ANY
 HIGHWAY, PUBLIC STREET, PARK, PARKWAY, DRIVEWAY  OR  PLACE  UNLESS  SAID
 CITY  OR VILLAGE CAN DEMONSTRATE AN UNREASONABLE HARDSHIP TO ITS INFRAS-
 TRUCTURE OR ITS RESIDENTS. FURTHER, NO CITY OF VILLAGE SHALL  IMPOSE  AN
 UNREASONABLE  FEE  FOR SUCH USE OF ITS ROADS. THE BURDEN OF PROVING THAT
 ANY SUCH FEE IS REASONABLE SHALL BE ON THE CITY OR VILLAGE.
   § 3. This act shall take effect immediately.