CHAPTER 481

FORMERLY

HOUSE BILL NO. 722

AS AMENDED BY HOUSE AMENDMENT NO. 1

AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE BY ADDING A NEW CHAPTER THERETO ENTITLED "BIKEWAYS" RELATING TO THE ESTABLISHMENT OF BIKEWAYS FOR NON-MOTORIZED BICYCLING ON EXISTING STATE LANDS AND RIGHTS-OF-WAY, AND PROVIDING FOR THE ACQUISITION OF ADDITIONAL LANDS OR RIGHTS-OF-WAY FOR USE AS BIKEWAYS.

WHEREAS, the General Assembly has determined that non-motorized bicycling is a means of transportation with both recreational and utilitarian benefit to the people of the State of Delaware; and

WHEREAS, it is necessary to provide safe and efficient bikeways for persons desiring to use bicycles in order to promote and encourage such use; and

WHEREAS, the Department of Highways and Transportation is the State agency most appropriate to develop such bikeways;

NOW, THEREFORE:

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 17 of the Delaware Code, is hereby amended by adding thereto a new chapter to read as follows:

CHAPTER 10. BIKEWAYS

§1001. Authority and establishment of bikeways

The Department of Highways and Transportation, Division of Highways is hereby authorized to establish bikeways within this State for the use, enjoyment and participation of the public in non-motorized bicycling. The routes established for such bikeways shall be designed with consideration for the safety of both cyclists and motorists and may be separate roadways, or may utilize existing roads, streets and parkways or other appropriate thoroughfares. Such bikeways may also be constructed on land acquired by the Department specifically for that purpose.

0002. Bikeway routes

Bikeway routes shall be clearly marked with appropriate signs to guide cyclists and to alert motorists. Such signs shall be placed at intervals and designed in such form as prescribed by the Department.

§1003. Cooperation with other governmental agencies

The Department of Highways and Transportation, Division of Highways is hereby authorized to cooperate with federal, county or municipal conservation boards, city or town councils, or any private organizations interested in the establishment of bikeways, and may consult with such groups in the planning of appropriate bikeway routes and related activities. The Department shall, where feasible and where it finds the need justified, review all proposals submitted to it by other groups and/or agencies and may provide matching funds from monies authorized by the capital bond issue for planning, construction and designation of bikeways.

§1004. Power to acquire real property

In order to establish a system of bikeways within this State, the Department of Highways and Transportation, Division of Highways, may acquire real property by gift, device or purchase. Title to such lands shall be in the name of the State of Delaware.

§1005. Bikeway planning

The Department of Highways and Transportation shall maintain a planning activity concerned with the near and long-term development of bikeways within the State.

§1006. Bicycle access to highways

Nothing in this chapter shall be construed as a limitation of the use by bicycle on existing roads, streets, parkways and other thoroughfares by bicyclists even though such roadways are not specifically designated as bikeways, except as specified in paragraph (c), Section 4194, Subchapter XII, Part III, Chapter 41, Title 21 of the Delaware Code.

Approved July 19, 1974.