Chapter 1
BICYCLES*

Sections:

4-1.01    Bicycle defined.

4-1.02    Bicycles prohibited on sidewalks.

4-1.03    Riding prohibited on handlebars and tanks of bicycles.

4-1.04    Placing of bicycle racks.

4-1.05    Bicycle licenses required.

4-1.06    Official licensing agents.

4-1.07    Bicycle registration certificates.

4-1.08    Sales or transfers of bicycles.

4-1.09    Lost or stolen licenses: Replacement.

4-1.10    Fees.

4-1.11    Tampering.

4-1.12    Bicycle dealers: Weekly bicycle sales reports required.

4-1.13    Bicycles in violation of chapter provisions: Impounding.

4-1.14    Bicycle Fund.

4-1.15    Authority to number bicycle frames.

4-1.16    Rental agencies.

4-1.17    Use of coasters, skateboards, and similar devices restricted.

*    Chapter 1 entitled “Bicycles, Motorcycles, and Toy Vehicles”, consisting of Sections 4-1.01 through 4-1.11, codified from Ordinance No. 486 N.C.S., as amended by Ordinance No. 543 N.C.S., repealed by Ordinance No. 371 C-M, effective December 25, 1975.

4-1.01 Bicycle defined.

For the purposes of this chapter, “bicycle” shall mean any device upon which a person may ride, propelled by human power through a belt, chain, or gears, and having either two (2) or three (3) wheels in tandem or tricycle arrangement, and which has wheels at least twenty (20") inches in diameter and a frame of at least fourteen (14") inches.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.02 Bicycles prohibited on sidewalks.

It shall be unlawful to ride a bicycle upon any sidewalk. The rider of a bicycle upon a public street shall ride as nearly as practicable within five (5') feet of the right-hand curb or edge of the street, except when passing a standing or other vehicle or making a left-hand turn at an intersection.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.03 Riding prohibited on handlebars and tanks of bicycles.

It shall be unlawful for the operator of any bicycle to carry any other person upon the bar, handle, or tank of any such vehicle or for any person to so ride upon any such vehicle.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.04 Placing of bicycle racks.

It shall be unlawful for any person to place or maintain on the sidewalk of any street a bicycle rack or contrivance used for the holding or parking of bicycles without first being issued a permit therefor by the Director of Public Works.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.05 Bicycle licenses required.

No person residing in the City shall operate a bicycle on any public street or sidewalk, or upon any public path set aside for the exclusive or semiexclusive use of bicycles, unless such bicycle has been licensed under the provisions of this chapter.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.06 Official licensing agents.

The Chief of Police and his representatives shall be designated as the official licensing agents. The Chief of Police is hereby authorized to appoint any person or persons to assist in the capacity of bicycle licensing agencies. Each licensing agency shall license bicycles for persons residing in the City only; all other bicycle license applicants shall be referred to their respective city or jurisdiction of residency. Licensing agencies shall submit monthly reports to the licensing agent indicating both a monthly and year-to-date summary of all licensing activities and fees collected.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.07 Bicycle registration certificates.

At the time any person licenses a bicycle and pays the established license fee in accordance with the provisions of this chapter, the licensing agency shall provide such person with a registration certificate bearing the date, owner’s name, address, telephone number, bicycle license number, bicycle manufacturer, type, and frame number, and any other descriptive material concerning the bicycle deemed necessary by the licensing agent, and provisions for the transfer of ownership of such bicycle. In addition, at the time of licensing, the bicycle owner shall be issued his permanent bicycle license bearing the unique number reflecting the proper indicia procured from the Director of Motor Vehicles of the State pursuant to Section 39001 of the Vehicle Code of the State. The bicycle license shall remain in effect for a period of three (3) years.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.08 Sales or transfers of bicycles.

Whenever any person sells, trades, disposes of, or transfers any bicycle licensed pursuant to the provisions of this chapter, he shall endorse upon the registration certificate previously issued for such bicycle a written transfer of the same, setting forth the name, address, and telephone number of the transferee, the date of transfer, and the signature of the transferer, and shall deliver such registration certificate, so endorsed, to the licensing agency at the time of transfer. The transferee shall, within ten (10) days after such transfer, apply to the licensing agency for a transfer of the registration certificate. A fee shall be charged for such transfer of ownership.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.09 Lost or stolen licenses: Replacement.

In the event any registration certificate issued pursuant to the provisions of this chapter shall be lost or stolen, the licensee of such bicycle shall immediately notify the licensing agency and, within ten (10) days after such notification, shall apply to the licensing agency for a duplicate registration certificate; whereupon the licensing agency shall issue to such licensee a duplicate registration certificate upon the payment to the licensing agency of a fee.

In the event any bicycle license issued pursuant to the provisions of this chapter shall be lost or stolen, the licensee shall immediately notify the licensing agency of such loss and shall, within ten (10) days, apply to the licensing agency for a new bicycle license; whereupon the licensing agency shall issue to such licensee a new bicycle license upon the payment to the licensing agency of a fee.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.10 Fees.

The fees required to be paid pursuant to the provisions of this chapter shall be those fees established by resolution of the Council.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.11 Tampering.

It shall be unlawful for any person to tamper with, destroy, mutilate, or alter any registration certificate issued pursuant to the provisions of this chapter.

It shall be unlawful for any person to remove, destroy, mutilate, or in any way alter or tamper with any bicycle license issued pursuant to the provisions of this chapter.

It shall be unlawful for any person to remove, alter, or mutilate the serial number of any bicycle frame licensed pursuant to the provisions of this chapter.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.12 Bicycle dealers: Weekly bicycle sales reports required.

Any person engaged in the business of buying, selling, or trading new or used bicycles within the City is hereby required to make a weekly report to the licensing agent giving the name, address, and telephone number of all persons either buying, selling, or trading new or used bicycles and the bicycle manufacturer, type, frame number, and bicycle license number, if any.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.13 Bicycles in violation of chapter provisions: Impounding.

The licensing agency shall have the right to impound and retain the possession of any bicycle in violation of the provisions of this chapter and may retain the possession of such bicycle until the provisions of this chapter are complied with.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.14 Bicycle Fund.

All amounts collected in excess of the costs of conducting and administering the bicycle licensing program, including reasonable cost reimbursements to licensing agencies, shall be placed in a special Bicycle Fund. The Bicycle Fund shall he used to improve bicycle safety programs and to establish and maintain bicycle facilities, including, but not limited to, bicycle paths and lanes.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.15 Authority to number bicycle frames.

All bicycles sold shall have, as a means of identification, serial numbers stamped on the frame of the bicycle in a manner determined by the Director of Motor Vehicles. The Police Department or other appropriate agency may stamp numbers on the left rear fork ends of such bicycles not bearing manufacturers’ serial numbers.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.16 Rental agencies.

Rental agencies operating within the City shall not rent or offer any bicycle for rent unless such bicycle is licensed as provided in this chapter.

(§ 1, Ord. 371 C-M, eff. December 25, 1975)

4-1.17 Use of coasters, skateboards, and similar devices restricted.

No person shall ride, operate, or use any coaster, skateboard, toy vehicle, roller skates, or similar devices upon any public street, nor shall any person ride, operate, or use any coaster, skateboard, toy vehicle, roller skates, or similar devices upon any sidewalk within a business or commercial district.

(§ 1, Ord. 387 C-M, eff. August 26, 1976)