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City of Wichita v. Hackett5/30/2003
duties applicable to a pedestrian in certain locations, it does not create ambiguity sufficient to mislead the person of ordinary intelligence who also reads the DUI ordinance. Furthermore, the pedestrian ordinance does not provide that the bicyclist will be considered a pedestrian for all reasons, including immunity from prosecution for any hazardous conduct. We agree with the court in Commonwealth v. Sheriff, 7 Pa. D. & C.4th 201, 206 (1990):
"It is clear that the bicyclist is, and should be, subject to the same duties as the automobile driver. The drunken bicyclist poses a danger to both himself and others who use the roads. A bicycle is certainly capable of making quick maneuvers and swerving into oncoming traffic, causing motorists to take instant evasive action."
The city's ordinances convey sufficient definite warning and fair notice as to the prohibited conduct in light of common understanding. Boyles, 271 Kan. at 72-73. They also convey sufficient clarity to those who apply the ordinance standards to protect against arbitrary and discriminatory enforcement. State v. Bryan, 259 Kan. at 146.
The district court is affirmed.
ABBOTT, J., not participating.
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