Chapter 10.40
BICYCLES
Sections:
10.40.050 Plates and registration cards.
10.40.060 Attaching plates and issuing cards.
10.40.090 Tampering with frame number.
10.40.100 Tampering with plate or registration card.
10.40.110 Stamping of necessary numbers.
10.40.120 License—Fee—Payment.
10.40.130 License—Fee—Transfer of license.
10.40.140 License—Fee—Duplicate card, plate.
10.40.150 License—Fee—Disposition.
10.40.160 License—Fee—Second and third years of term.
10.40.190 License—Fee—Delinquent.
10.40.200 License—Penalty for delinquent renewal.
10.40.210 License—Fee—Penalty for delinquent payment.
10.40.220 License—Fee—Amount of penalty.
10.40.230 Equipment and operation.
10.40.240 Lamp and visibility.
10.40.250 Riding restrictions.
10.40.270 Clinging and towing.
10.40.320 Use upon parks and playgrounds.
10.40.330 Transfer—Report—Required.
10.40.340 Transfer—Report—Time.
10.40.350 Transfer—Registration.
10.40.360 Dealer report—Purchases.
10.40.370 Dealer report—Sales.
10.40.390 Penalty for violation.
10.40.010 Bicycle defined.
A bicycle is a device upon which any person may ride, propelled by human power through a belt, chain or gears and having either two or three wheels, any of which is more than twenty inches in diameter, in a tandem or triangular arrangement. (Ord. 435 § 1 (part), 1968: prior code § 6610)
10.40.020 License—Required.
It is unlawful for any person to operate or use upon any sidewalk, street, alley or public highway of this city any bicycle propelled wholly or in part by muscular power, without first obtaining from the chief of police a license therefor. (Ord. 435 § 1 (part), 1968: prior code § 6611)
10.40.030 License—Issuance.
The chief of police is authorized to issue, upon written application, bicycle licenses for three calendar year periods, the first of which is for the period beginning January 1, 1971, and ending on the thirty-first day of December, 1973. (Ord. 460 § 1 (part), 1970: prior code § 6612)
10.40.040 License—Effect.
Licenses, when issued, entitle the licensee to operate the bicycle for which a license has been issued, upon all the sidewalks, streets, alleys and public highways except those sidewalks where signs have been posted by the police department prohibiting the riding of bicycles thereon. (Ord. 435 § 1 (part), 1968: prior code § 6613)
10.40.050 Plates and registration cards.
The city shall provide metallic license plates and seals, together with registration cards and isinglass holders therefor for each three year period; and said metallic license plates and registration cards having numbers stamped thereon in numerical order, beginning with the number “l,” and indicating the period for which the same is issued, and the letters “DBL,” stamped thereon. (Ord. 460 § l (part), 1970: prior code § 6614)
10.40.060 Attaching plates and issuing cards.
The metallic license plates shall be suitable for attachment upon the frames of bicycles; and it shall be the duty of the chief of police to attach one such metallic license plate to the frame of each bicycle and to issue a corresponding registration card to the licensee upon the payment of the license fee provided for in this chapter. (Prior code § 6615)
10.40.070 Removal of plates.
The metallic license plate shall remain attached during the existence of such license. (Prior code § 6616)
10.40.080 License—Records.
The chief of police shall also keep a record of the date of issue of each license, to whom issued, the licensee’s address and the number of the license. (Prior code § 6617)
10.40.090 Tampering with frame number.
It is unlawful for any person to wilfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this chapter. (Prior code § 6618)
10.40.100 Tampering with plate or registration card.
It is unlawful for any person to remove, destroy, mutilate or alter any license plate, seal or registration card during the time in which such license plate, seal or registration card is operative. (Prior code § 6619)
10.40.110 Stamping of necessary numbers.
Nothing contained in this chapter shall be construed as prohibiting the chief of police from stamping numbers on the frames of bicycles on which no serial number can be found, or on which such number is illegible or insufficient for identification purposes. (Prior code § 6619.1)
10.40.120 License—Fee—Payment.
The annual license fee to be paid for each bicycle is fifty cents and shall be paid in advance. (Prior code § 6621)
10.40.130 License—Fee—Transfer of license.
Pursuant to Sections 10.40.330, 10.40.340 and 10.40.350, the license may be transferred when the ownership of such bicycle is transferred; and a fee of twenty-five cents shall be paid for the registration of such transfer. (Prior code § 6622)
10.40.140 License—Fee—Duplicate card, plate.
A fee of fifty cents shall be paid for a duplicate registration card or metallic license plate at the time of filing application for the same. (Prior code § 6623)
10.40.150 License—Fee—Disposition.
All fees collected under this chapter shall be paid into the office of the city clerk and by the city clerk deposited in the general fund of this city. (Prior code § 6624)
10.40.160 License—Fee—Second and third years of term.
Upon registration during the second year of such three year period, the fee required shall be two-thirds of the license required for the entire three year period; upon registration issued during the third year of such three year period, the fee required shall be one-third of the license required for the entire three-year period; providing that the bicycle being registered has not been operated on any sidewalk, street, alley or highway during such elapsed time without the payment of the required fee. (Ord. 460 § 2, 1970: prior code § 6625)
10.40.170 License—Fee—Refund.
No fee when paid and receipted for shall be returnable. (Prior code § 6626)
10.40.180 License—Fee—Change.
The city council may by resolution increase or decrease the fees provided for in Sections 10.40.120, 10.40.130 and 10.40.140. (Ord. 435 § 2, 1968: prior code § 6627)
10.40.190 License—Fee—Delinquent.
Whenever any bicycle is operated upon any sidewalk, street, alley or highway within this city without the registration fee having been first paid as required by this chapter, such fee is delinquent. (Ord. 435 § 3, 1968: prior code § 6631)
10.40.200 License—Penalty for delinquent renewal.
A penalty shall be added upon any application for renewal of registration made on or after February 5th of the first year of such three year period, unless the bicycle has not been operated on the highways, streets, alleys or sidewalks since the expiration date. (Ord. 460 § 3 (part), 1970: prior code § 6632)
10.40.210 License—Fee—Penalty for delinquent payment.
Except as otherwise provided in Section 10.40.200, if any fee is not paid within thirty days after the same becomes delinquent a penalty shall be added thereto. (Prior code § 6633)
10.40.220 License—Fee—Amount of penalty.
In every event, the penalty shall be fifty cents and shall be collected therewith. (Ord. 460 § 3 (part), 1970: prior code § 6634)
10.40.230 Equipment and operation.
A. Brakes. Every bicycle shall be equipped with a brake adequate to skid the front or rear tire of the bicycle upon application of the brakes.
B. Sirens and Whistles. It is unlawful to equip a bicycle with a siren or whistle.
C. Handlebar Grips. Every bicycle that is equipped with handlebar grips must have the grips firmly attached to the handlebars.
D. It is unlawful to modify the frame or forks of a bicycle in such a manner that it will not conform with the bicycle as originally manufactured.
E. No bicycle shall carry a load which would make the operation thereof dangerous, having in mind the age and size of the operator. (Ord. 460 § 4, 1970; Ord. 435 § 5 (part), 1968: prior code § 6640)
10.40.240 Lamp and visibility.
Every bicycle operated upon a highway during darkness shall be equipped with a lamp emitting a white light visible from a distance of three hundred feet in front of the bicycle and with a red reflector on the rear, of a type approved by the police department, which shall be visible from a distance of three hundred feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from three hundred feet to the rear may be used in addition to the red reflector. (Ord. 435 § 5 (part), 1968: prior code § 6641)
10.40.250 Riding restrictions.
A. Riding on Sidewalks. The police department is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person; and when such signs are in place, no person shall disobey them. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian. At the intersection of two or more sidewalks, where the vision of the operator of a bicycle is so restricted by hedges, bushes, buildings or any other obstruction so that the approach of a pedestrian cannot be observed and there is a danger of a collision with the pedestrian, the operator of the bicycle shall dismount and walk through the intersection of the sidewalks.
B. Emerging from Alley or Driveway. The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on the sidewalks or sidewalk area and upon entering the roadway shall yield the right-of-way to all vehicles approaching on the roadway.
C. Riding on Roadways and Bicycle Paths. Every person operating a bicycle upon a roadway shall ride as near to the right hand side of the roadway as practical, exercising due care when passing a standing vehicle or one proceeding in the same direction. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadway set aside for the exclusive use of bicycles; provided further, that persons riding bicycles on the sidewalk shall do so in single file. (Ord. 435 § 5 (part), 1968: prior code § 6642)
10.40.260 Carrying articles.
No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars. (Ord. 435 § 5 (part), 1968: prior code § 6643)
10.40.270 Clinging and towing.
A. Clinging to Moving Vehicles. No person riding a bicycle in the city shall cling or attach himself or his bicycle to any other moving vehicle or person in any other vehicle.
B. Towing. No person riding or operating a bicycle in the city shall tow any other vehicle or persons, except that bicycle trailers used for the delivery of newspapers, magazines or merchandise may be towed when being used in such delivery service. (Ord. 435 § 5 (part), 1968: prior code § 6644)
10.40.280 Passengers.
No person riding or operating a bicycle in the city shall carry another person on the bicycle, unless such person or passenger is seated upon an individual seat or carrier separate from that intended to be used by the operator. (Ord. 435 § 5 (part), 1968: prior code § 6645)
10.40.290 Speed—Racing.
A. Speed. No person shall ride or operate a bicycle faster than is reasonable and proper, and every bicycle shall be operated with reasonable regard to the safety of the operator and other persons upon the streets, sidewalks and public highways of the city.
B. Racing. No person riding or operating a bicycle upon a sidewalk, public highway or street shall participate in any race, speed or endurance contest unless such race or endurance contest has the written permission of the chief of police. (Ord. 435 § 5 (part), 1968: prior code § 6646)
10.40.300 Stops.
Every person operating a bicycle shall stop for all arterial highways, traffic signals and stop signs. (Ord. 435 § 5 (part), 1968: prior code § 6647)
10.40.310 Parking.
No person shall park any bicycle against windows or on the main traveled portion of the sidewalk nor in such manner as to constitute a hazard to pedestrians, traffic or property. If there are no bicycle racks or other facilities intended to be used for parking of bicycles within two hundred feet, bicycles may be parked on the sidewalk in an upright position parallel to and within twenty-four inches of the curb. (Ord. 435 § 5 (part), 1968: prior code § 6648)
10.40.320 Use upon parks and playgrounds.
No person shall ride or operate a bicycle upon any playground, park or school ground where children are playing without permission of the person having supervision thereof. (Ord. 435 § 5 (part), 1968: prior code § 6649)
10.40.330 Transfer—Report—Required.
It is the duty of every person who sells or transfers ownership of any bicycle to report such sale or transfer by returning to the chief of police the registration card issued to such person as licensee thereof, together with the name and address of the person to whom such bicycle was sold or transferred. (Prior code § 6651)
10.40.340 Transfer—Report—Time.
Such report shall be made within five days of the date of such sale or transfer. (Prior code § 6652)
10.40.350 Transfer—Registration.
It is the duty of the purchaser or transferee of such bicycle to apply for a transfer of registration therefor within five days of such sale or transfer. (Prior code § 6653)
10.40.360 Dealer report—Purchases.
All persons engaged in the business of buying secondhand bicycles are required to make daily report to the chief of police, giving the name and address of the person from whom each bicycle is purchased, the description of each bicycle purchased, the frame number thereof, and the number of the metallic license plate found thereon, if any. (Prior code § 6661)
10.40.370 Dealer report—Sales.
All persons engaged in the business of selling new or secondhand bicycles are required to make a daily report to the chief of police, giving a list of all sales made by such dealers, which list shall include the name and address of each person to whom sold, the kind of bicycle sold, together with a description and the frame number thereof and the number of the metallic license plate attached thereto, if any. (Prior code § 6662)
10.40.380 Violation.
It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. (Ord. 435 § 6 (part), 1968: prior code § 6671)
10.40.390 Penalty for violation.
Every person convicted of a violation of any provision of this chapter shall be punished by a fine of not more than three hundred dollars or by imprisonment for not more than thirty days or by removal and detention of the license plate from such person’s bicycle for a period not to exceed ninety days or by impounding of such person’s bicycle for a period not to exceed ninety days or by any combination thereof. (Ord. 435 § 6 (part), 1968: prior code § 6672)