WICHITA, Kan. (AP) — The Wichita City Council has approved a new ordinance that will separate the offense of biking under the influence from driving a motor vehicle under the influence.

The ordinance was approved Tuesday. Under current city ordinances, drunken bicycle riding and drunken driving are treated the same. That poses a conflict with state law, which doesn’t have a crime for operating a human-powered vehicle under the influence.

A staff report by the city attorney’s office says the legal difference has caused some problems in calculating penalties for drunken drivers in court.

The new ordinance will make it a crime to operate a human-powered vehicle drunk if the rider causes a traffic or safety hazard. The penalty for a BUI would be $500 maximum and six months in jail.