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HomeMy WebLinkAboutOrd 969 - Amending The Code of ORD Requiring Licensing, Inspecting and Registration of Bicycles 202 ORDINANCE NUMBER 969 AN ORDINANCE AMENDING THE CODE OF ORDINANCES REQUIRING THE LICENSING, INSPECTION AND REGISTRATION OF BICYCLES; PROVID- ING FOR PROPER RECORDS; SETTING A DATE FOR LICENSES AND FEES FOR SAME; VARIOUS REGULATIONS PERTAINING TO THE OPERATION OF BICYCLES AND CERTAIN TRICYCLES SUBJECT TO STATE LAWS AND CITY ORDINANCES; DEFINING BICYCLES AND CERTAIN TRICYCLES; PROVID- ING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS: Section 1. That the Code of Ordinances of the City of West University Place, Texas, is hereby amended by the addition of an Article to Chapter 23, said Article being divided into Sections, and said Article and Sections to be numbered Article VI I, Section 23-l58 through Section 23-l80, which said Article reads as follows: 'lARTICLE VII. BICYCLES AND CERTAIN TRICYCLES Section 23-158. License Required. It shall be unlawful for any resident of the city to operate or use a bicycle upon any of the streets, alleys or publ ic highways of the City, without first obtaining from the Pol ice Department a I icense therefor. Section 23-l59. Application, Fee. Application for ci ty and shall dollar ($l.OO) granted. a bicycle 1 icense tag shall be made upon a form provided by the be made to the Police Department. An annual license fee of one shall be paid to the city before any license tag or renewal is Section 23-l60. Inspection. The Police Department shal 1 inspect each bicycle before licensing the same and shall refuse a license for any bicycle which is determined to be in an unsafe mechanical condition. Section 23-161. Issuance; Duration. The Pol ice Department, upon receiving proper appl ication therefor, is authorized to issue a bicycle license which shall be effective for one (1) year, provided the bicycle has passed the safety inspection. Section 23-162. License Tag, Registration Card. The Pol ice Department shall provide tags or seals having registration number stamped thereon, commencing with the number IllOOll and the inscription llWUplI stamped thereon, suitable for attachment on the frame of each bicycle. At the time of the issuance of the 1 icense the Police Department shall attach the license tag or seal and issue to the person obtaining the license a registra- tion card, which card shall bear the license and registration number of such bicycle. qn9 ~Ua Section 23-l63. Date of License. All such licenses shall be dated January l5th of the year of issuance and shall entitle the 1 icensee to operate such bicycle for which a I icense has been is- sued, upon all of the streets in the City of West University Place up to and including January 15th of the succeeding year. Licenses for the succeeding year shall be available and may be appl ied for from and after December lst of each year. Section 23-l64. Renewal. Upon the expiration of a license for any bicycle, the same may be renewed upon application and payment of the same fee as upon an original app1 ication. Section 23-l65. Transfer. It shall be the duty of every person who se1 Is or transfers ownership of any bicycle to report such sale or transfer by returning to the Police Department the registration card issued to such person as licensee thereof, together with the name and address of the person to whom such bicycle was sold or transferred. Such report shall be made within five (5) days of the date of said sale or trans- fer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of registration therefor within five (5) days of such sale or transfer. A fee of fity ($0.50) cents shall be made for each such sale or transfer. Section 23-166. Dup1 icates. Any person who has obtained a license tag and/or registration card as required by the provisions of this Article and who shall lose such tag and/or card may obtain duplicates thereof upon the report of such loss to the Police Department and the payment of a fee of fifty ($0.50) cents. Section 23-l67. Records. The Police Department shall keep a record of the number of each license, the date issued, the name and address to whom issued, and the serial number on the frame of the bicycle. Section 23-l68. Tampering With, Destroying License Tag. It shall be unlawful for any person to wilfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame 1 icensed pursuant to this Article. It shall also be unlawful for any person to remove, destroy, mutilate or alter the number of any license tag during the time in which such license tag is operative; provided, however, that noting in this Article shall prohibit the Police Department from stamping numbers on the frames of bicycles on which no serial number can be found or on which such number is illegible or insuffi- cient for identification purposes. Section 23-169. Duty Upon Destruction, Dismantling of Bicycle. Within ten (lO) days after any bicycle registered and licensed under the pro- visions of this Article shall have been dismantled and taken out of operation such information shall be reported to the Police Department by the person in whose name the bicycle has been licensed and registered. 204 Section 23-170. Definition. (a) For the purpose of this Article, the word llbicyclell is hereby defined as every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than fourteen (14) inches in diameter. (b) The word lltricyclel'l is hereby defined as every device propel led by human power upon which any person may ride, having thee (3) wheels, the front wheel of which is more than twenty-four (24) inches in diameter. Whenever the word llbicyclell is used herein it shall be meant to include the vehicle defined herein as a lltricyc1ell and all of the provisions of this Article shall be appl icable to such tricycles as defined. Section 23-171. Traffic Laws Apply to Persons Riding Bicycles. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this Ordinance, except as to special regulations in this Article and except as those provisions of this Ordinance which by nature can have no appl ication. Section 23-172. Parental Responsibility Relative to Article Provisions. The parent of any chi ld, or the guardian of any ward, shall not authorize or knowlingly permit any such child or ward to violate any provision of this ordinance. Section 23-l73. Riding on Bicycles. (a) A person propel ling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. Section 23-l74. Riding on Roadways and Bicycle Paths. (a) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of b i cyc I es. (c) Wherever a usable pa~h for bicycles has been provided adjacent to a road- way, bicycle riders shall use such path and shall not use the roadway. Section 23-175. C1 inging to Vehicles. No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a roadway. Section 23-l76. Carrying Articles. No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars. 205 Section 23-177. Riding on Sidewalk. Any person riding a bicycle on any sidewalk shall do so in a safe and reasonable manner and shall yield the right-of-way to any pedestrian. Section 23-178. Lamps and Other Equipment on Bicycles. (a) Every bicycle, when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white I ight visible from a distance of at least five hundred (500) feet to the front and with a red reflector on the rear of a type approved by the Texas Department of Public Safety, which shall be visible from all distances from fifty (%)) feet to three hundred (300) feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to the red reflector. (b) Every bicycle shall be equipped with a brake which wi Il enable the opera- tor to make the braked wheel skid on dry, level, clean pavement. Section 23-179. Application of Traffic Regulations to Operators of Bicycles. Every person operating a bicycle upon any roadway or street in the city shal I be subject to the provisions of this Code, state law and city ordinances, rules and regulations applicable to the driver of a vehicle, except as to those pro- visions which by their nature can have no appl ication and except as to licens- ing and registration required of the residents of the city. Section 23-l80. Violations. The violation of any provIsion of this ordinance shall be punished by a fine of not less than one dollar ($1.00), nor more than two hundred dollars ($200.00); provided however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the State of Texasll. Section 2. This ordinance shall take effect and be in force immedia- tely after its passage and approval and publication as required by law. PASSED AND APPROVED this 8th day of November, 1971. Commissioners Voting Aye: All Commissipners Voting No: None ATTEST: