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Home My WebLink AboutO - Use of Bicycles in the City of South Burlington - Untitled a •• ORDINANCE TO REGULATE THE REGISTRATION AND USE OF BICYCLES IN THE CITY OF SOUTH BURLINGTON The Council of the City of South Burlington hereby ordains: SECTION 1 - PURPOSES AND AUTHORITY This Ordinance is enacted pursuant to the authority provided by 24 V. S.A. §2291 and the South Burlington City Charter to promote public health, safety, welfare and con- venience by regulating the licensing, operation and condition of bicycles. SECTION 2 - DEFINITIONS As used in this Ordinance, unless the context other- wise indicates: (a) "Bicycle" shall mean all non-motorized multi- wheeled vehicles propelled by the rider' s physical effort. (b) "License" shall mean the emblem or plate issued by the South Burlington Police Department pursuant to this Ordinance. (c) "Transient" shall refer to bicycle use within the City limits only on an occasional or temporary basis or as an intermediate portion of a trip originating and terminating outside the City. SECTION 3 - REGISTRATION (a) No person, except a transient passing through the City, shall operate or cause to be operated, a bicycle within the City limits unless the same has been registered and a license permanently affixed thereto in accordance with the provisions of this section. (b) The Chief of the South Burlington Police Department, or such member of said Department as he may designate, is hereby conferred the authority to enforce the provisions of this Ordinance and to perform the functions of registration and licensing of bicycles. (c) Each bicycle owner shall submit an application on forms provided by the South Burlington Police Department with information including name, address, bicycle description, registration or serial number, and any other information which the South Burlington Police Department deems appropriate. Upon receipt of said application, and upon satisfaction of all other requirements of this Section, the Chief of Police shall issue a license. Immediately upon issuance, said license shall be permanently affixed to the frame or mud guard of the subject bicycle in a manner so as to be clearly visible. No license or registration fee shall be charged. (d) A bicycle license and registration shall remain effective until: (i) Ownership of the bicycle is transferred and subsection (e) of this section is not complied with; (ii) The licensed bicycle is abandoned from fur- ther use, which abandonment shall be reported to the Police Department and the license or plate from such abandoned bicycle shall be returned to the Police Department or destroyed; (iii) A license is revoked or suspended pur- suant to the provisions of Section 5 of this Ordinance. (e) No license shall be transferred from one bicycle to another bicycle. A license may be transferred as affixed to a bicycle when ownership thereof is likewise transferred, provided that the new owner reports the license transfer to the Police Department and information is provided by the new owner in the same manner as provided by subparagraph (c) above. (f) No bicycle shall be registered or licensed unless it shall have permanently cut, impressed or embossed on some portion thereof, a factory serial or identification number or mark. Any person who shall knowingly have in his possession any bicycle from which such number or mark shall have been removed, defaced, obliterated or changed, shall forthwith file with the Police Department a sworn statement describing such bicycle, showing the source of his title and if known, the reason for such removal, defacement, obliteration or change. It shall be unlawful for any person to remove, deface, change or cause to be removed, obliterated, defaced or changed, any factory serial or other identification number or mark on or from any bicycle. If satisfied as to facts, the Chief of Police may grant permission to cut, impress, or emboss permanently onto the bicycle, a special identification number or mark which shall thereafter be deemed sufficient for the purpose of registration of such bicycle. (g) No bicycle shall be registered unless it is in good mechanical condition and equipped with an adequate braking device, and a bell or other warning signal, audible for a distance of one hundred (100 ' ) feet. Said bicycle shall also comply with the provisions of 23 V.S.A. §S1136-1143, as amended from time-to-time, which provisions are hereby incorporated by reference. SECTION 4 - BICYCLE OPERATION It shall be unlawful: (a) To operate a bicycle belonging to another without the consent of the owner of said bicycle. (b) To violate any of the traffic ordinances or regu- lations of the City of South Burlington. (c) To turn a bicycle to the right or left upon any public road without first extending a hand in the direction of such turn, or to stop the same upon a highway, without first signaling such stop by extending a hand upward. (d) To attach a bicycle in any manner to another vehicle being operated on any public road or to hold on to such other vehicle while riding a bicycle. (e) To ride or propel a bicycle in motor vehicle traffic abreast of any other person riding a bicycle, except for the purpose of passing. (f) For more than one person to ride on a bicycle unless it be a tandem bicycle equipped with two sets of handle- bars, two sprockets, and two seats. (g) For any person to operate a bicycle on any public road within the City limits during the period from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise unless said bicycle is equipped with a lamp on the front • which emits a white light visible from a distance of at least five hundred (500' ) feet to the front and with a red reflector on the rear, which shall .be visible at least three hundred (300' ) feet to the rear when directly in front of lawful "high" beams of headlamps on a motor vehicle. (h) For any person to operate a bicycle in a manner contrary to the provisions of 23 V.S.A. §§1136-1143, as amended from time-to-time, or to operate a bicycle which does not comply with the equipment provisions of said sections. (i) To operate a bicycle on City sidewalks unless: (a) The operator is under the age of twelve (12) , or; (b) Operation of the bicycle in the adjacent roadway would constitute a traffic hazard and the operator exercises due care to safeguard the safety and con- venience of pedestrians . No parent or guardian of a child under sixteen (16) years of age shall permit such child to violate any of the provisions of this Ordinance. SECTION 5 - VIOLATIONS AND PENALTIES (a) The Chief of Police may revoke or suspend any bicycle license for violation of any provision of this Ordinance. It shall be unlawful for any person to operate a bicycle while the license of said bicycle is revoked or suspended. (b) Any person whose license has been revoked or suspended pursuant to the preceding subsection, may appeal such action to the South Burlington City Council. (c) Any person violating any provision of this Chapter shall be fined not more than Twenty-five and 00/100 Dollars ($25. 00) for each offense. Each violation and each day of operation contrary to the provisions of this Ordinance shall be a separate offense. SECTION 6 - SEVERABILITY Any part or provision of this Ordinance shall be con- sidered severable, and the invalidity of any part or section will not be held to invalidate any other part or provision of this Ordinance. A SECTION 7 - EXISTING REGULATIONS Section 50 "Bicycles" of the Motor Vehicle and Traffic Regulation Ordinance of the City of South Burlington, as amended, is hereby revoked. The provisions of this Ordinance shall super- cede said Section 50. The provisions of this Ordinance shall prevail over all inconsistent provisions respecting bicycles contained in other City ordinances. SECTION 8 - EFFECTIVE DATE This Ordinance shall take effect from its passage. APPROVED: April 14 , 1980 ad•eR01/ , . it Farr r 4/117 ,%1 •er/ in,.. Michael D. Flaherty '/,i _ /:,- -I . William Burgess 7? _104- rtin,B B. Pau sen '"-L,- ( i c L,' ,' ,�1.A,'"—‘"--- • Kenneth W. Jarvis