Chapter 10.32
BICYCLES AND HELMET REQUIREMENTS FOR BICYCLES AND RECREATIONAL VEHICLES1
Sections:
10.32.020 Repealed.
10.32.030 License – Issuance – Fee – Term.
10.32.050 State statutes adopted.
10.32.060 Operation on certain sidewalks prohibited.
10.32.070 Abetting violations prohibited.
10.32.080 License – Alteration or destruction prohibited.
10.32.090 Impoundment of abandoned or violating bicycles.
10.32.100 Possession by other than licensed possessor.
10.32.110 Police department duties.
10.32.120 Collected moneys disposition.
10.32.130 Repealed.
10.32.140 Penalty and enforcement.
10.32.010 Definitions.
A “bicycle” is defined as any two-wheeled vehicle, or any unicycle or tricycle, propelled by pedals and not required to be licensed as a motor vehicle under the laws of the state. (Ord. 2948 § 2, 2007; Ord. 2906 § 1, 2005; Ord. 1784 § 1, 1977; Ord. 1731 § 1, 1975).
10.32.020 License – Required – Tag.
Repealed by Ord. 2906. (Ord. 1731 § 2, 1975).
10.32.030 License – Issuance – Fee – Term.
The chief of police is authorized and directed to issue, upon written application, bicycle licenses which shall be effective when issued and remain good until further amendment or repeal of the ordinance codified in this chapter. The fee for such license shall be the sum of $5.00, which shall be paid at the time of the issuance of the license. A license may be issued for an individual or the individual’s family. (Ord. 2906 § 1, 2005; Ord. 1784 § 2, 1977; Ord. 1731 § 3, 1975).
10.32.040 License – Transfer.
Bicycle licenses shall be transferable upon application made to the chief of police, and upon payment of a transfer fee of $2.50. (Ord. 2906 § 1, 2005; Ord. 1731 § 4, 1975).
10.32.050 State statutes adopted.
Bicycles shall be operated on public rights-of-way in compliance with the rules of the road as set forth in RCW 46.61.750 through 46.61.780, which state statutes are by this reference incorporated in this section and made a part of this section, the same as though fully set out in this section. (Ord. 2906 § 1, 2005; Ord. 1731 § 5, 1975).
10.32.060 Operation on certain sidewalks prohibited.
It is unlawful, except as provided in this section, to ride any bicycle upon sidewalks along Water Street extending from Monroe Street to Harrison Street; on Washington Street extending from Monroe Street to Taylor Street; on Taylor Street extending from Washington Street to Front Street; on Taylor Street extending from Jefferson Street to Washington Street, including the stairs and the grassy area within the right-of-way; on Adams Street extending from Washington Street to Water Street; on Quincy Street extending from Water Street to Washington Street; on Lawrence Street extending from Taylor Street to Harrison Street; on 12th Street extending from Landes Street to Haines Street, including the transit passenger waiting area; on Madison Street from Washington Street to the City Dock; and on Sheridan Street between 7th Street and 11th Street. Uniformed and plainclothes bicycle patrol officers, while conducting official police business, are exempted from the provisions of this section. (Ord. 3127 § 1, 2015; Ord. 2906 § 1, 2005; Ord. 2614 § 1, 1997; Ord. 2361 § 1, 1993; Ord. 1731 § 6, 1975).
10.32.070 Abetting violations prohibited.
It is unlawful for any parent or guardian to authorize or abet the violation of this chapter or for any adult to counsel, advise or direct a minor child to violate this chapter. (Ord. 2906 § 1, 2005; Ord. 1731 § 7, 1975).
10.32.080 License – Alteration or destruction prohibited.
It is unlawful to remove, deface, alter, mutilate or destroy any bicycle license attached to a bicycle, or which has been attached to a bicycle. (Ord. 2906 § 1, 2005; Ord. 1731 § 8, 1975).
10.32.090 Impoundment of abandoned or violating bicycles.
Any bicycle found abandoned, or operated in violation of the provisions of this chapter or of state laws may be impounded by the police department, if the officer determines there is a threat to public safety, and there are no reasonable alternatives to impoundment. The bicyclist will be given written notice of when and where the impounded bicycle may be reclaimed. The bicycle shall be released to an individual who can establish ownership of the bicycle. No fee shall be charged. If the bicycle is not reclaimed within 30 days, it will be subject to sale or disposal consistent with city procedures. (Ord. 2906 § 1, 2005; Ord. 1731 § 9, 1975).
10.32.100 Possession by other than licensed possessor.
Possession of a bicycle not licensed to the possessor thereof shall constitute prima facie evidence of wrongful possession of the bicycle. (Ord. 2906 § 1, 2005; Ord. 1731 § 10, 1975).
10.32.110 Police department duties.
The police department shall provide forms for applications, transfers and other transactions under the terms of this chapter and shall keep a record of licenses issued, to whom issued, description of bicycle, license numbers, identifying numbers, and such other records as may be useful in the enforcement of this chapter. (Ord. 2906 § 1, 2005; Ord. 1731 § 11, 1975).
10.32.120 Collected moneys disposition.
All funds collected under this chapter shall be remitted to the current expense fund. (Ord. 2906 § 1, 2005; Ord. 1731 § 12, 1975).
10.32.130 Helmet required.
Repealed by Ord. 2948. (Ord. 2906 § 1, 2005).
10.32.140 Penalty and enforcement.
A. A violation of this chapter is a traffic infraction and shall be processed and administered according to the procedures set forth in Chapter 46.64 RCW, and applicable court rules. The penalty for any infraction established under this chapter shall be as follows:
1. The penalty as provided in the monetary penalty schedule for infractions adopted by the Supreme Court, as amended, which is adopted by reference as if fully set forth herein.
2. For any unscheduled infraction, the penalty is $10.00 for the first violation. The penalty for a second violation of this chapter within a one-year period shall be $25.00. The penalty for a third violation of this chapter within a one-year period shall be $50.00.
The penalties may be reduced, suspended or deferred in the discretion of the court.
A separate violation exists if, after a person is issued a citation, a person continues, renews, resumes, or commits a violation of this chapter, notwithstanding the second violation is within the same day.
Any person charged with a violation under the provisions of this chapter shall respond to the traffic citation in the manner set forth in Chapter 46.64 RCW, which is adopted by reference for the city. A notice of infraction may be issued by the chief of police or the chief’s appointed officers or by a specially commissioned police officer. “Law enforcement officer” in this chapter includes any specially commissioned police officer.
The court shall send written notice to the parent or guardian of any person under the age of 18 involved in a traffic infraction under this chapter. (Ord. 2948 § 3, 2007; Ord. 2922 § 1, 2006; Ord. 2906 § 1, 2005).
10.32.150 Purpose and policy.
A. It is the express purpose of this chapter to provide for and to promote the health, safety, and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
B. Nothing contained in this chapter is intended to be, or shall be, construed to create a duty to enforce this chapter or to form the basis for liability on the part of the city of Port Townsend or its officers, employees, or agents, for any injury or damage resulting from the failure of any person to comply with this chapter. No provision of this chapter is intended to impose any duty upon the city or any of its officers or employees, which would subject them to damage in a civil action. (Ord. 2906 § 1, 2005).
For provisions on bicycle paths, see Chapter 10.20 PTMC.