Chapter 12.16
BICYCLES ON SIDEWALKS IN DOWNTOWN BUSINESS DISTRICT
Sections:
12.16.020 Riding bicycle upon sidewalk in downtown business district prohibited.
12.16.030 Riding bicycle on other sidewalks permitted.
12.16.040 Pedestrians have right-of-way.
12.16.045 Use of bicycles, skateboards and roller skates on plaza in Pioneer Park prohibited.
12.16.046 Seizure and forfeiture.
12.16.050 Violation is civil infraction.
12.16.060 Notice of infraction.
12.16.070 Procedure to pay penalty or to request hearing.
12.16.010 Definitions.
In this chapter the term “downtown business district” means the area on both sides of the following streets:
South Toppenish Avenue, from West Second Avenue to West First Avenue; East Toppenish Avenue, from West First Avenue to Asotin Avenue; Washington Avenue, from Toppenish Avenue to South Alder Street; Jefferson Avenue, from West First Avenue to South Alder Street; West First Avenue, from South Division Street to South Alder Street; South Alder Street, from West First Avenue to Washington Avenue; and South Division Street, from West First Avenue to Toppenish Avenue. (Ord. 94-22 § 1, 1994).
12.16.020 Riding bicycle upon sidewalk in downtown business district prohibited.
No person except a police officer shall ride a bicycle upon a sidewalk in the downtown business district. (Ord. 94-22 § 1, 1994).
12.16.030 Riding bicycle on other sidewalks permitted.
A person may ride a bicycle on any other sidewalk. (Ord. 94-22 § 1, 1994).
12.16.040 Pedestrians have right-of-way.
Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian. (Ord. 94-22 § 1, 1994).
12.16.045 Use of bicycles, skateboards and roller skates on plaza in Pioneer Park prohibited.
No person shall use or ride a bicycle, skateboard or roller skates on or within the hard surfaced area in Pioneer Park surrounding the base of the flagpole. (Ord. 2007-3, 2007).
12.16.046 Seizure and forfeiture.
Any bicycle, skateboard, or roller skates used in violation of this chapter, whether in the downtown business district or on the flag plaza in Pioneer Park, shall be subject to immediate seizure by an officer of the Toppenish police department, and if seized shall be held by the police department and kept in a secure place, to be released only upon authorization by the police chief; provided, that any person aggrieved thereby shall have the right to petition the Toppenish municipal court for an order directing the release of the seized item. Such petition, if any, must be filed with the clerk of the court within 10 days after the seizure date. A failure to file such petition within the 10 days shall be deemed a forfeiture of such item to the city of Toppenish. Upon forfeiture, said item shall be deemed surplus and shall be disposed of in the same manner as other surplus items owned by the city. Upon a second seizure of the same item, no property rights shall exist therein, there shall be no right to a hearing thereon, and the item shall be summarily forfeited to the city, to be disposed of as surplus as above set forth. (Ord. 2010-22 § 10, 2010; Ord. 2007-3, 2007).
12.16.050 Violation is civil infraction.
The violation of any of the provisions of this chapter shall be a civil infraction. For a first such infraction, the violator shall be assessed a penalty of $10.00, for a second violation the penalty shall be $20.00, and for a third or more violation the penalty shall be $30.00. (Ord. 94-22 § 1, 1994).
12.16.060 Notice of infraction.
Any law enforcement officer may issue a notice of infraction to any person who violates any provision of this chapter. Said notice shall be on the uniform citation for motor vehicle traffic infractions. (Ord. 94-22 § 1, 1994).
12.16.070 Procedure to pay penalty or to request hearing.
Any person who receives a notice of infraction issued under authority of this chapter shall pay the penalty assessed by making said payment to the clerk of the municipal court, or shall request a hearing to explain the circumstances and request mitigation of the penalty, or to contest the notice of infraction. Said hearing shall be conducted in the municipal court pursuant to the same procedures for the disposition of traffic infractions under RCW Title 46. (Ord. 94-22 § 1, 1994).