ARTICLE X.BICYCLES,
TOY VEHICLES AND MOTORIZED SKATEBOARD OR SCOOTER*
__________
*Editor's
note:Ord.
No. 42,900, § 3, adopted Nov. 6, 2007, added Art. X, consisting
of §§ 25-324--25-350. At the editor's discretion and with the
consent of the city, said provisions have been renumbered to
read as herein set out to utilize section numbers previously
assigned to Art. X and to allow for growth in Arts. IX and X.
__________
Sec.
25-376. Violations of chapter.
Unless otherwise
specifically provided, a violation of any provision of this
article shall constitute a class 4 misdemeanor.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-377. Removing, altering etc., frame number; frame number
placed by chief of police or his designee or by bicycle
dealer.
It shall be unlawful for
any person to remove, change, alter, mutilate, or in any way
render undistinguishable any bicycle
frame number; provided, however, that when any bicycle
is registered under this chapter and it appears that the frame
number has become obliterated or is illegible, or that the same
has no frame number, the chief of the police or his designee may
place or cause to be placed a frame number thereon for
registration purposes; and further provided, that every person
engaged in the business of buying, selling, exchanging or
trading new or used bicycles
shall, prior to the sale of a bicycle
which does not have a legible frame number, or which does not
have a frame number, stamp a frame number thereon in accordance
with the regulations propounded by the chief of police or his
designee.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-378. Impoundment and sale of abandoned bicycles.
(a) Any
bicycle
found without a registration decal issued pursuant to article II
of this chapter and unattended shall be deemed abandoned, if a
reasonable attempt to locate the owner or user in the immediate
vicinity of the bicycle
fails to produce such owner or user. Any bicycle
so abandoned shall be taken into custody and impounded by the
chief of police or any officer of the department of police.
(b) No
abandoned bicycle
shall be released or removed from impoundment except upon a
satisfactory showing of ownership and display of a city
registration decal by the owner or his agent.
(c) If
an abandoned bicycle
is not reclaimed, as provided in subsection (b) above within
thirty (30) days from the date of impounding, the chief of
police or his agent shall cause the bicycle
to be sold at public auction or donated to a charitable
organization. All funds realized from an auction, minus expenses
of the auction, shall be paid to the treasurer of the city. A
charitable organization means any charitable institution or
association located within the city limits as approved by the
director of public safety or her designee. A charitable
organization receiving donated bicycles
shall certify, in writing, that the bicycles
will be donated by the organization to needy individuals.
It shall be unlawful for
any person over the age of eighteen (18) years, who resides in
the city, to operate or use a bicycle
upon any sidewalk, street, alley, lane or public highway of the
city, or for any parent or guardian to allow any person under
the age of eighteen (18) years, who resides in the city, to
operate or use a bicycle
upon any sidewalk, street, alley, lane or public highway of the
city, unless such bicycle
has been properly registered in accord with the provisions of
this article.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-380. General procedure; decal to be affixed to bicycle.
The registration of all bicycles
shall be accomplished by making written application therefor to
the chief of police or his designee on forms prescribed by him.
Such forms may be distributed to the public by persons and
business establishments designated by the chief of police or his
designee. Such written application shall be made by the owner of
the bicycle,
if over the age of eighteen (18), or by the parent or guardian,
if the owner is under the age of eighteen (18). The completed
application shall be delivered to the chief of police or his
designee. After approval of the application, the chief of police
or his designee shall issue to such applicant a registration
card and also a decal in a form prescribed by him. Such decal
shall be affixed to a registered bicycle
in a conspicuous place on that part of the bicycle
frame into which the seat post is fitted or such other place as
may be designated by the chief of police or his designee. It
shall be unlawful to attach any such decal to any bicycle
other than the one for which the same was issued.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-381. Time for registration.
Any person acquiring a bicycle
shall have the same registered or the registration transferred
to him, within fifteen (15) days after acquisition of such bicycle.
This provision shall be applicable to all bicycles,
regardless of the means by which the same are acquired.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-382. Lost or mutilated decals.
When any decal issued as
provided in this article is badly mutilated, lost, stolen or
misplaced and cannot be found, upon satisfactory evidence of
such facts being presented to the chief of police or his
designee, he shall issue another decal and shall change the
registration of such bicycle
accordingly.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-383. Change of registration upon transfer of ownership.
When any bicycle
registered under this article shall be transferred to another,
the same shall be reported to the chief of police or his
designee, together with the name and address of the person to
whom transferred, and the registration thereof shall be changed
accordingly.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-384. Records to be kept; notice of change of owner's
address.
The chief of police or
his designee shall keep a complete record of all bicycles
registered pursuant to this article, showing the name and
address of the owner, if over the age of eighteen (18), or of
the parent or guardian and owner, if the owner is under the age
of eighteen (18), the make, class and frame number of such bicycle
and the number of the decal issued therefor. All changes of
address of the owner, if over the age of eighteen (18), or of
the parent or guardian and owner, if under the age of eighteen
(18), shall be reported, within thirty (30) days of such change,
to the chief of police or his designee.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-385. Impounding unregistered bicycle.
(a) When
any police officer or other officer charged with the duty of
enforcing the ordinances of the city shall discover any
unregistered bicycle
in any public place in the possession or control of any person,
he may take custody of such bicycle
and impound the same. Any bicycle
so impounded shall be released only upon a satisfactory showing
of ownership, payment of five dollars ($5.00) for storage
charges and proper registration and display of a decal by the
owner or his agent.
(b) Any
juvenile whose bicycle
is impounded pursuant to this section shall be escorted
forthwith to his place of residence or other appropriate place.
(c) An
officer impounding a bicycle
under this section shall inform the person from whose possession
or control the bicycle
was removed of the provisions of this section upon his taking
the bicycle
into his custody, and he shall mail or hand deliver a notice
containing the provisions of this section to such person. In the
case of juveniles, such notice shall be mailed or hand delivered
to his parents or guardians.
(d) If
any bicycle
impounded under this section is not reclaimed within thirty (30)
days from the date of impounding, the chief of police or his
agent shall cause the bicycle
to be sold and the funds therefrom disposed of in accordance
with section 25-326.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-386. Applicability of traffic regulations to riders.
Every person riding a bicycle
or motorized skateboard or scooter upon a street or roadway
within the corporate limits of the city shall be granted all the
rights and shall be subject to all the duties and
responsibilities applicable to the driver of a motor vehicle
under the laws of the state and the traffic ordinances of the
city, except as to those provisions which, by their very nature,
can have no application.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-387. Lights and reflectors.
Every bicycle
when in use between sunset and sunrise shall be equipped with a
white light on the front emitting a white light which shall be
visible in clear weather from a distance of at least five
hundred (500) feet to the front and with a red reflector visible
from a distance of at least six hundred (600) feet to the rear
when directly in front of lawful lower beams of headlights on a
motor vehicle. Such lights and reflector shall be of types
approved by the superintendent.
In addition to the
foregoing provisions of this section, a bicycle
or its rider may be equipped with lights or reflectors. These
lights may be steady burning or blinking. Every bicycle,
or its rider, shall be equipped with a taillight on the rear
emitting a red light plainly visible in clear weather from a
distance of at least five hundred (500) feet to the rear when in
use between sunset and sunrise and operating on any highway with
a speed limit of thirty-five (35) mph or greater. Any such
taillight shall be of a type approved by the Superintendent.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-388. Helmet required for bicycle
and toy vehicle riders fourteen years of age or younger.
(a) Every
person fourteen (14) years of age or younger shall be required
to wear a protective helmet which meets the standards
promulgated by the Consumer Product Safety Commission whenever
riding or being carried on a bicycle
on any highway, street, sidewalk or bicycle
path.
(b) The
parents or guardians of any person who violates this section
shall be jointly and severally liable. Violation of this section
is punishable by a fine of twenty-five dollars ($25.00),
provided that such fine shall be suspended for any person's
first violation, if the person provides proof of ownership of,
or having acquired, subsequent to the violation but prior to the
deadline for payment of the civil penalty, a helmet of the type
required by this section.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-389. Toy vehicles to be operated during daylight.
Toy vehicles shall not
be operated on any highways or city streets or property between
sunset and sunrise.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-390. Brake.
Every bicycle,
toy vehicle or motorized skateboard or scooter, when operated on
any street, shall be equipped with a brake which will enable the
operator to make the braked wheels skid on dry, level, clean
pavement.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-391. Muffler required for motorized skateboard or scooters.
No motorized skateboard
or scooter or toy vehicle shall be operated in the city unless
such vehicle is equipped with a two-stage muffler in good
working order and in constant operation, effective to prevent
excessive or unusual noise.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-392. Bell or other signal device.
Every bicycle
operated on the streets shall be equipped with a bicycle
bell or other signal device capable of giving a signal audible
for a distance of at least one hundred (100) feet; provided,
however, that no person shall use upon a bicycle
any siren or exhaust whistle.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-393. Carrying other persons.
No person riding a
one-seated bicycle,
toy vehicle or a motorized skateboard or scooter shall carry any
additional person on the same.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-394. Hand on handlebars; carrying packages.
(a) No
person shall ride a bicycle,
toy vehicle or a motorized skateboard or scooter on any street
without having at least one of his hands upon the handlebars.
(b) No
person operating a bicycle,
toy vehicle or motorized skateboard or scooter upon a street
shall carry any package, bundle or article which prevents him
from keeping at least one hand upon the handlebars.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-395. How turn signals given.
(a) Signals
shall be given by means of the hand and arm or by some
mechanical or electrical device approved by the superintendent,
in the manner specified in this section. Whenever the signal is
given by means of the hand and arm, the driver shall indicate
his intention to start, stop, turn, or partly turn by extending
the hand and arm beyond the left side of the vehicle in the
manner following:
(1) For
left turn or to pull to the left, the arm shall be extended in a
horizontal position straight from and level with the shoulder;
(2) For
right turn or to pull to the right, the arm shall be extended
upward;
(3) For
slowing down or stopping, the arm shall be extended downward.
(b) Wherever
the lawful speed is more than thirty-five (35) miles per hour,
such signals shall be given for a distance of at least one
hundred (100) feet, and in all other cases at least fifty (50)
feet, before slowing down, stopping, turning, or partly turning.
Such signals, however, need not be given continuously if both
hands are needed in the control or operation of the bicycle.
(c) Notwithstanding
the foregoing provisions of this section, a person operating a bicycle
may signal a right turn or pull to the right by extending the
right hand and arm in a horizontal position straight from and
level with the shoulder beyond the right side of the bicycle
and may signal slowing down or stopping by extending the right
arm downward.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-396. Riding on roadways.
Every person operating a
bicycle,
toy vehicle or motorized skateboard or scooter upon a roadway at
less than the normal speed of traffic at the time and place
under conditions then existing shall ride as near to the right
side of the street as safely practicable, except under any of
the following circumstances:
(1) When
overtaking and passing another vehicle proceeding in the same
direction;
(2) When
preparing for a left turn at an intersection or into a private
road or driveway;
(3) When
reasonably necessary to avoid conditions including, but not
limited to, fixed or moving objects, parked or moving vehicles,
pedestrians, animals, surface hazards, or substandard width
lanes that make it unsafe to continue along the right curb or
edge; a "substandard width lane" is a lane too narrow
for a bicycle
or motorized skateboard or scooter to pass safely side by side
within the lane;
(4) When
avoiding riding in a lane that must turn or diverge to the
right; and
(5) When
riding upon a one-way road or highway, a person may also ride as
near the left-hand curb or edge of such roadway as safely
practicable.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-397. Riding two abreast.
Persons riding bicycles,
toy vehicles or motorized skateboards or scooters upon a street
or roadway shall not ride more than two (2) abreast. Persons
riding two (2) abreast shall not impede the normal and
reasonable movement of traffic, shall move into a single-file
formation as quickly as is practicable when being overtaken from
the rear by a faster moving vehicle, and, on a laned roadway,
shall ride in a single lane.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-398. Riding on sidewalks.
(a) No
person shall ride a bicycle,
toy vehicle or motorized skateboard or scooter upon any
sidewalk, whether paved or unpaved, in a business district.
(b) No
person fifteen (15) or more years of age shall ride a bicycle,
toy vehicle or motorized skateboard or scooter upon any
sidewalk, whether paved or unpaved, in any district, except that
any person shall be allowed to ride a bicycle
on the sidewalks of the area designated as the "Elizabeth
River Trail".
(c) Whenever
any person shall ride a bicycle,
toy vehicle or a motorized skateboard or scooter on the
sidewalk, 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. Persons riding bicycles,
toy vehicles or motorized skateboard or scooters on sidewalks
shall ride in single file.
(d) A
business district, within the meaning of this section, is the
territory contiguous to any sidewalk, whether paved or unpaved,
in any block where seventy-five (75) percent or more of the
total frontage abutting such sidewalk in such block is occupied
by buildings actually in use and operation for business
purposes.
(e) This
prohibition shall not apply to public safety officers, city
employees or their representatives operating bicycles
while engaged in their official assigned duties.
(f) A
violation of this section shall be punishable by a civil penalty
of not more than fifty dollars ($50.00).
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-399. Riding out of lanes, alleys and driveways.
Every person riding a bicycle,
toy vehicle or motorized skateboard or scooter out of a lane,
alley or private driveway across a sidewalk or sidewalk area
shall first bring such bicycle,
toy vehicle or motorized skateboard or scooter to a stop before
crossing the sidewalk or sidewalk area.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-400. Reckless riding.
No person shall ride a bicycle,
toy vehicle or motorized skateboard or scooter recklessly or at
a speed or in a manner so as to endanger the life, limb or
property of the rider or of any other person.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-401. Clinging to moving vehicle.
No person riding a bicycle,
toy vehicle or motorized skateboard or scooter shall take or
catch hold of any moving automobile, bus or other vehicle of any
kind upon any street, for the purpose of being drawn or
propelled by the same.
(Ord. No. 42,900, § 3,
11-6-07)
Sec.
25-402. Restrictions on operating push motor scooters on
streets and highways.
Motorized skateboard or
scooters and toy vehicles shall not be operated on any street or
highway with a speed limit in excess of twenty-five (25) miles
per hour; however, the operator may cross a street or highway
with a speed limit in excess of twenty-five (25) miles per hour
if the crossing begins and ends on a street with a speed limit
of twenty-five (25) miles per hour.
