ANN ARBOR, MI - If you're passing cyclists, pedestrians or wheelchair users on the road in Ann Arbor, be sure to keep your distance.

Drivers who don't create at least a five-foot space between their vehicles and the people they're passing can be ticketed under a new local law.

The City Council voted unanimously to approve the city's new safe passing ordinance Monday night, Dec. 5.

It takes effect in January.

Council Member Chip Smith, D-5th Ward, said it's not a perfect ordinance, but the message it sends is pretty clear.

"If you cannot pass giving somebody five feet, don't pass," Smith said, encouraging drivers to be patient. "Wait. Chill out. Be safe."

The ordinance was co-sponsored by Mayor Christopher Taylor and Council Members Sabra Briere, Smith, Chuck Warpehoski and Kirk Westphal.

Westphal, D-2nd Ward, won support for striking the phrase "if conditions allow," so the ordinance no longer suggests drivers can ignore the rule if they decide conditions don't allow a five-foot distance. In some cases, drivers will have to slow down and wait until conditions do allow a safe passing distance.

And in cases when drivers don't create a five-foot distance when passing vulnerable roadway users, police will decide whether a ticket is warranted.

"As a frequent bicycle commuter, to be passed at three or four feet at a high speed is absolutely terrifying and unacceptable," said Westphal, who believes the ordinance could possibly save a life.

City officials expect there will be both proactive and reactive enforcement of the ordinance. A violation will be a civil infraction subject to a $100 fine plus costs.

A violation of the ordinance will not go on a person's driving record, and no points will be assessed.

Westphal said he doesn't hear complaints from residents that police in Ann Arbor are overly enthusiastic about writing tickets, so he trusts police will exercise proper discretion. He guessed there might be only 1 or 2 percent of cases when it's not possible to create a five-foot passing distance.

Smith said while he's pleased to see the safe passing ordinance move forward, he's still disappointed the city has not made more progress on improving infrastructure for pedestrian and cyclist safety. He said the city needs to be able to both set policy and build infrastructure at the same time.

Council members noted there are times when pedestrians and wheelchair users are going to be in the road because there either aren't sidewalks in a particular area or it's winter and the sidewalks are covered in snow. And there are times when there will be emergency responders on the side of the road.

"These are all conditions where drivers are expected to use caution," Smith said. "I think the culture of our state is that drivers believe they can go as fast as they want, and what this says is 'slow down.'

"Have respect for the other users on the road who are indeed vulnerable because they're not in, you know, 5,000 pounds of steel."

Briere, D-1st Ward, said it's expected that motorists will cross the center striping to safely pass someone, and motorists should be mindful of oncoming traffic when doing so, just as when they're passing another car or truck.

She said moving over to go around a cyclist is no different than going around a postal vehicle or a delivery van temporarily parked in a traffic lane.

"It may require you to slow down to go around that person riding the bicycle to give them enough space, and you slow down and you wait until you have a safe way to pass," Briere said. "You don't, of course, want to head out into the other lane and crash into an oncoming car, so you wait, the same way a driver waits when the car in front of them is dropping off a passenger, the same way a driver waits when there's a city vehicle blocking the lane to fix a stormwater issue.

"It's what we do. I think we can handle it. I think we can learn. And honestly, I think all those drivers coming in from out of town can learn this as well."

The council has heard mixed feedback from residents who have voiced opinions about the ordinance. Some argue the ordinance will confuse drivers, while others suggest it won't accomplish much, and yet others believe it will help foster a culture of respecting the safety of vulnerable roadway users.