S T A T E O F N E W Y O R K
________________________________________________________________________
3497
2021-2022 Regular Sessions
I N A S S E M B L Y
January 27, 2021
___________
Introduced by M. of A. LAVINE, FAHY, GRIFFIN, 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.
LBD06626-01-1
A. 3497 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.