S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9396

                          I N  A S S E M B L Y

                            February 29, 2016
                               ___________

Introduced by M. of A. LAVINE -- 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:
  S 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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14356-01-6

A. 9396                             2

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.
  S  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.
  S 3. This act shall take effect immediately.