County OKs law regarding motorists and bicycles, pedestrians
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MAYVILLE - There are three counties in the state that require motorized vehicles to leave a minimum of three feet when passing non-motorists.
Chautauqua County will now be the fourth.
During the recent legislature meeting, county lawmakers voted 16-1 to approve a local law requiring operators of motor vehicles to maintain a safe distance of 3 feet when overtaking non-motorists. Non-motorists include bicyclists, pedestrians, those on horses, Amish buggies and more.
According to Legislator Tom Nelson, D-Jamestown, there are 33 states that have the 3 feet law, as well as the District of Columbia.
In New York, he said a bill has been introduced, but it has apparently stalled. Currently in New York motorists are required to use "due care" when passing non-motorists.
In New York, versions of this 3 feet local law are in effect in Monroe, Suffolk and Cortland counties.
Before the vote, Sheriff Jim Quattrone said he does have some concerns regarding the “enforceability” of the law.
"It's difficult to measure that 3 feet and I want to make sure we're going to be able to enforce it and if this law passes tonight that we do as a county a good job of advertising and making sure the public understands what the law is," he said.
County Legislator Fred Johnson, R-Westfield, said he was concerned about both enforcement and prosecutorial discretion.
"The Road to Perdition is paved with the bricks of good intentions. I admire the good intentions but I think the overall consequences here, negative consequences, outweigh the positive intention," he said.
But Legislator Bob Bankoski, D-Dunkirk, said he supports the local law.
"Whatever we can do to make the roads safer, we can never have enough safety mechanisms in place," he said.
When the time came to vote, Johnson was the sole no vote.
The local law states that any person found guilty of failing to comply shall be subject to a fine not to exceed $225 for a first offense, $325 for a second offense, and $425 for a third or any subsequent offenses.
During the meeting, there were also discussions about E-bicycles and the challenges they can create for both law enforcement and the general public. No proposals were made in regards to legislation addressing E-bike safety.