Chapter 10.40
BICYCLES AND VARIOUS MOTORIZED DEVICES*
Sections:
Article I. In General
10.40.010 Violations of article.
10.40.020 Registration with police department.
10.40.030 Removal, alteration, etc., of serial or frame number.
10.40.040 Reports by dealers in secondhand bicycles.
10.40.050 Consent of owner prerequisite to use.
Article II. Equipment and Operation
10.40.060 Violations of article generally.
10.40.070 Removal from streets of bicycle operated in violation of article.
10.40.090 Riders and passengers to use seats.
10.40.092 Helmet requirements – Mopeds or motor-driven cycles.
10.40.100 Operator to have hands on handlebars.
10.40.110 Operator to have feet on pedals – Trick riding.
10.40.120 Reckless operation – Speed.
10.40.130 Riding on sidewalks.
10.40.140 Parking in downtown or other commercial areas.
*Cross reference – Traffic and motor vehicles, Title 10.
Article I. In General
10.40.010 Violations of article.
Unless otherwise specifically provided, a violation of any provision of this article shall constitute a Class 4 misdemeanor. (Code 1985, § 8-1).
Cross reference – Penalty for Class 4 misdemeanor, SCC 1.05.100.
10.40.020 Registration with police department.
(1) Any person owning a bicycle in the city may register the serial number of the same with the police department.
(2) Any owner wishing to do so may go to the police department and have the serial number of his bicycle entered in a permanent register maintained by the department. In addition to the serial number, such register shall show the type, model and other identifying information concerning the bicycle and the name and address of the owner.
(3) Upon the request of an owner registering a bicycle pursuant to this section, the police department may stamp a number on the frame of the bicycle, if no serial number can be found or if such number is illegible or insufficient for identification purposes. (Code 1964, §§ 15-35, 15-38, 15-41; Code 1985, § 8-2).
Cross reference – Police department, SCC 2.85.020 et seq.
State law reference – Provisions similar to subsection (1) above, Code of Virginia, § 46.2-908.
10.40.030 Removal, alteration, etc., of serial or frame number.
It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the serial or frame number of any bicycle in the city. (Code 1964, § 15-41; Code 1985, § 8-3).
10.40.040 Reports by dealers in secondhand bicycles.
All persons engaged in the business of buying secondhand bicycles or any parts of secondhand bicycles are hereby required to report to the police department within 48 hours after acquiring any secondhand bicycle or parts thereof, such report to include the registration number, if any, of such bicycle, a description of the bicycle and the frame or serial number thereof, together with the name and address of the person from whom the same was acquired. In case of the purchase of any parts of bicycles, the report shall describe each part and give the name and address of the person from whom the same was acquired. (Code 1964, § 15-40; Code 1985, § 8-4).
10.40.050 Consent of owner prerequisite to use.
No person shall operate or use any bicycle upon any street in the city without the consent of the owner of the bicycle. (Code 1985, § 8-5).
Article II. Equipment and Operation*
*Cross reference – Application of traffic regulations to persons riding bicycles, SCC 10.05.040.
10.40.060 Violations of article generally.
A violation of any provision of this article shall constitute a traffic infraction and, unless otherwise provided, shall be punishable by a fine of not more than $100.00. (Code 1985, § 8-16).
10.40.070 Removal from streets of bicycle operated in violation of article.
Any bicycle operated by the owner or other person lawfully in custody thereof in violation of any of the provisions of this article may, by any police officer of the city, be ordered removed from the streets of the city and the person so operating the same in violation of this article shall not be permitted to operate the bicycle on the streets of the city for such period of time, not exceeding 30 days, as the police officer issuing such order determines. Any person who has been so ordered not to operate a bicycle over the streets of the city may appeal the order to the district court which has appropriate jurisdiction. (Code 1964, § 15-48; Code 1985, § 8-17).
10.40.080 Warning device.
Every bicycle shall be equipped with an ordinary bicycle bell or other warning device capable of giving a signal audible for a distance of at least 100 feet, except that a bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren or whistle. (Code 1985, § 8-18).
10.40.090 Riders and passengers to use seats.
The transporting of persons on the handlebars of bicycles is hereby prohibited. Persons shall be permitted to ride bicycles or to be transported on bicycles only on seats specifically designed for and provided for the purpose of accommodating human passengers or riders. (Code 1964, § 15-45; Code 1985, § 8-19).
10.40.092 Helmet requirements – Mopeds or motor-driven cycles.
Every person riding a moped or motor-driven cycle, either as an operator or passenger, upon any public street, road, alley or highway in the city of Staunton shall wear a protective helmet of a type approved by the superintendent of state police or as otherwise prescribed by state law. For purposes of this section, “moped” and “motor-driven cycle” shall have the meaning as defined in Virginia Code Section 46.2-100.
Any person who knowingly violates this section shall be guilty of a traffic infraction and be subject to a fine of not more than $50.00.
A violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a moped or motor vehicle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action. (Ord. 2009-07).
10.40.100 Operator to have hands on handlebars.
Operators of bicycles shall have one hand on the handlebars at all times and both hands on the handlebars, except when it becomes necessary to execute hand signals, to operate mechanical devices of the bicycle or at other times when it is necessary to remove one hand momentarily from the handlebars. (Code 1964, § 15-45; Code 1985, § 8-20).
State law reference – Operator carrying package, bundle, etc., preventing him from keeping at least one hand on handlebars, Code of Virginia, § 46.2-906.
10.40.110 Operator to have feet on pedals – Trick riding.
It shall be unlawful for any person operating a bicycle on any street in the city to coast upon such bicycle by permitting it to proceed by inertia or momentum with his feet removed from the pedals and such person shall, at all times, keep his feet upon the pedals, so as to have the same under proper control to avoid accidents. No operator of a bicycle shall practice any trick or fancy riding on any street in the city. (Code 1985, § 8-21).
10.40.120 Reckless operation – Speed.
No person shall operate a bicycle recklessly or at a speed greater than is reasonable and proper or so as to endanger the property or life or limb of the rider or of any other person. (Code 1985, § 8-22).
10.40.130 Riding on sidewalks.
(1) No person shall ride a bicycle upon any sidewalk, whether paved or unpaved, in a district of the city zoned commercial.
(2) Whenever any person shall ride a bicycle on the sidewalks, whether paved or unpaved, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing any pedestrian, and shall ride in single file. (Code 1985, § 8-23).
State law reference – Authority for subsection (1) and provisions similar to subsection (2) above, Code of Virginia, § 46.2-904.
10.40.140 Parking in downtown or other commercial areas.
(1) In downtown and other commercial areas of the city, it shall be unlawful for a person operating a bicycle to park such bicycle on the streets. In moving a bicycle off the streets to a suitable parking area, operators shall dismount and proceed on foot so as not to endanger pedestrians.
(2) A violation of this section shall be punished by a fine of not less than $5.00 nor more than $25.00. (Code 1964, § 1547; Code 1985, § 8-24).