§ 8-409. Establishment and maintenance of footpaths, bridle paths or horse trails, and bicycle trails

   (a) Legislative policy. -- It is the policy of this State that bicycle trails are important and their construction is encouraged wherever feasible.

(b) Use of highway user revenues. -- To establish and maintain footpaths, bridle paths or horse trails, and bicycle trails:

   (1) Baltimore City, any county, or any municipality that receives highway user revenues may spend a reasonable part of its net share for these purposes; and

   (2) The Administration, Baltimore City, any county, or any municipality that receives highway user revenues may credit a part of them to a financial reserve or a special fund to be used within 10 years for these purposes.

(c) Conditions on establishment. -- Highway user revenues may not be used for footpaths, bridle paths or horse trails, or bicycle trails if:

   (1) Their establishment would be contrary to public safety;

   (2) Their cost would be too great considering their need or probable use; or

   (3) The sparseness of population, the existence of other available ways, or other factors show that there is no need for them.

(d) Administration to provide technical assistance. --

   (1) If requested by a local government, the Administration shall provide technical assistance and advice on carrying out the purposes of this section.

   (2) The Administration shall recommend construction standards for footpaths, bridle paths or horse trails, and bicycle trails and shall establish a uniform system of signs for all the footpaths, bridle paths or horse trails, and bicycle trails constructed under this section, whether construction is undertaken by the Administration or by the local government.

(e) Use of paths and trails. -- Unless the Administration or local government specifically approves other uses, as provided in subsection (g) of this section, footpaths and bicycle trails may be used only by pedestrians, nonmotorized vehicles, and electric personal assistive mobility devices as defined in § 21-101(j) of this article.

(f) Use of bridle paths or horse trails. -- Unless the Administration or local government specifically approves other uses, as provided in subsection (g) of this section, bridle paths or horse trails may be used only by pedestrians, horses, or horse drawn vehicles.

(g) Signs. -- If the Administration or local government specifically approves the use of footpaths and bicycle trails by other than pedestrians and nonmotorized vehicles, or of bridle paths or horse trails by other than pedestrians, horses, or horse drawn vehicles, the Administration or local government shall post signs on the paths or trails indicating the uses specifically approved.

(h) Mopeds. -- A person may not operate a moped on a footpath, bicycle trail, bridle path, or horse trail unless the path or trail is posted with signs in accordance with subsection (g) of this section specifically approving the use of mopeds.

(i) Sport cycles, trail bikes, and minibikes. -- Notwithstanding the provisions of this subsection, the use of footpaths and bicycle trails shall be denied to sports cycles, trail bikes, and minibikes.

HISTORY: An. Code 1957, art. 89B, § 38B; 1977, ch. 13, § 2; 1982, ch. 323; 1986, ch. 472, § 1; 2002, ch. 546; 2006, ch. 44, § 6.