Because jogging for physical fitness and sport has accelerated in recent
years and because joggers in the Town of Rotterdam often do not have the benefit
of sidewalks or sufficient lighting and are, therefore, both a hazard to themselves
and drivers of motor vehicles when jogging on roads, streets and highways
during hours of darkness, the legislative intent of this chapter is to protect
both the jogger and the drivers of motor vehicles from injury or lawsuits
by mandating that reflective clothing be worn by the jogger and to develop
rules and safety measures to protect the jogger and the drivers of motor vehicles
within the Town of Rotterdam.
As used in this chapter, the following terms shall have the meanings
indicated:
HIGHWAY
A public thoroughfare, road, street or highway within the Town of
Rotterdam used by motor vehicles, including both the paved portion and the
shoulders, but excluding any sidewalks.
HOURS OF DARKNESS
Any time from 1/2 hour after sunset to 1/2 hour before sunrise and
at any other time when there is not sufficient light to render clearly discernible
persons and vehicles on the highway at a distance of 500 feet ahead.
JOG or JOGGING
The recreational activity of running at any pace for physical exercise
or personal enjoyment.
This chapter shall not be construed to permit jogging where prohibited
by any law of the State of New York.
It shall be unlawful to jog on any highway during the hours of darkness
without wearing reflective material. Such material shall be worn between the
waist and shoulders on the front and back of the person jogging and shall
give an indication of the jogger's presence through reflected light from the
headlamp beams of motor vehicles at a distance of at least 500 feet.
It shall be unlawful for any two or more persons to jog side by side
or abreast of each other, and not in single file, on any highway in the Town
of Rotterdam from 1/2 hour after sunset to 1/2 hour before sunrise and at
any other time when there is not sufficient light to render clearly discernible
persons and vehicles on the highway at a distance of 500 feet ahead.
Where sidewalks are not provided, any jogger who is jogging along or
upon a highway shall, when practicable, jog only on the left side of the roadway
or its shoulder facing traffic which may approach from the opposite direction.
Upon the approach of any vehicle from the opposite direction, such jogger
shall move as far to the left as is practicable.
A fine of $5 shall be imposed for each infraction of this chapter.