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HomeMy WebLinkAbout5923 ORDINANCE NO.5 9 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 10.56, REGARDING THE REGULATION OF BICYCLES IN THE CITY OF AUBURN WHEREAS, RCW 35.75.010 has authorized every city and town to regulate and license by ordinance the riding of bicycles and other similar vehicles upon or along the streets, alleys, highways, or other public grounds within its limits; and WHEREAS, RCW 35.75.010 has authorized every city and town to provide by ordinance for reasonable fines and penalties for violation of such ordinance; and WHEREAS, the regulations of the City of Auburn with regard to the operation of bicycles and other similar devices has not been updated in some time and such regulations are in need of revision and modernization; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 10.56 of the Auburn Municipal Code is amended to read as follows: Chapter 10.56 BICYCLES Sections: 10.56.010 10.56.020 10.56.030 10.56.040 10.56.050 10.56.060 Definitions. Registration Required.Repealed Registr3tion Procedure. Repealed D0310r Sale reports.Repealed Im:poction.Repealed Altering or destroying serial numbers. Ordinance No. 5923 July 5. 2005 Page 1 10.56.070 10.56.080 10.56.090 10.56.100 10.56.110 10.56.120 10.56.130 10.56.140 10.56.150 10.56.160 10.56.170 10.56.180 10.56.185 10.56.190 10.56.200 10.56.210 S31e er tr3nsfer reports. Repealed De31er 'Neekly roports.Repealed Dismantling Report.Repealed Rental agenoy equipment requirements. Repealed Lights. Traffic regulations. Speed. Riding on right-hand side of roadway. Extra passengers. Riding abreast. Attaching to moving vehicle, Taking without permission. Helmets Riding ability eX3mination.Repealed Enforcement. Violation - Penalty. 10.56.010 Definitions. The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section. A. "Bicycle" means and includes a light vehicle with two tandem wheels, neither of which shall be less than 2G1Q inches in diameter, with tires inflated, having handlebars and saddle seat or seats, and propelled by the feet acting on treadles connected with levers.- For the purposes hereof, bicvcles also means any non-motorized. pedal-driven, wheeled apparatus. includinq unicycles, tricycles. or similar devices. B. "Chief of police" means the chief of police of Auburn or any member of the police department of the city designated by the chief of police to act in his place and stead in carrying out the provisions of this chapter. C. "Rental agency" means any person, firm, copartnership, association or corporation engaged in the business of offering for rental and renting bicycles for use by the public. (Ord. 2753 S 1, 1973; 1957 code SS 5.08.010- 5.08.040.) 10.56.020 Registration Required. From :md 3fter the final pass3ge and publioation of tho ordinance oodified in this ohapter, it ie unlawful for any resident of the oity to operate or use a bioyole upon any of the streets, alleys or public highways of the city witheut first registering the bicycle with the Auburn polioe department. (Ord. 2917 ~ 1, 1976; Ord, 2753 ~ 1, 1973; 1957 code ~ 5.08.050.) 10.56.030 RegiGtration Prooedure. The ^uburn police department iG 3uthorized and direoted to register or caUGe to be registered all bioyoles, now and used, whioh are to be used 'Nithin the city limits. Rcgistr3tion forms shall be furnished by the polioe department and sb311 Ordinance No. 5923 July 5, 2005 Page 2 oonsist of two parts, eaoh p::1rt requiring the name of the registered owner, his or her address and telephone number, and the m::1ke, oolor, model and serial number of the bicyole. The registr3tion fDrm sholl be retained by the police department for ::1 period of not less than five years. (Ord. 2753 ~ 1, 1973; 1957 oode ~ 5.011.060.) 10.56.040 Dealer Sole mports. ,^.I1 businesses within the oity whioh sell bioyoles, ney,' or used, are required to notify the Auburn polioe deportment reg::1r-ding the faote of that sole by filing required information on the presoribed form and filing the form 'Nith the Auburn polioe department. The registration form sholl be filed with the polioe deportment within seven days of the eole of the bioyole. (Ord. 2753 ~ 1, 1973; 1957 oode ~ 5,01l.070.) 10.56.050 Inspeotion. The polioe dep::1rtment may inspect each bioyole presented to it for regietration and it may have the 3uthority to refuse to regieter any suoh bicycle found to be in on unsafo meohanioal oondition. (Ord. 2753 ~ 1, 1973; 1957 oode ~ 5.011.0110.) 10.56.060 Altering or destroying serial numbers. It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame, pursuant to this chapter; however, nothing in this chapter shall prohibit the police department from stamping, in a distinguishing manner, numbers on the frames of bicycles illegible or insufficient for identification purposes. (Ord. 2753 S 1, 1973; 1957 code S 5.08.090.) 10.56.070 S::1le or transfor reports. It shall be the duty of every person who sells or transf-cre ownersAip of any bioycle to report euoh sale or transfer within 10 days thereafter by returning to the chief of polioe the registration c::1rd iesued to suoh person as licensee thereof, together with the name and addmss of the person to whom the bioyole was sold or transferred; and it shall be the duty of the purch::1ser or tr::1nsferee of suoh bicyole to apply for a transfor of registration thereof within 10 days of the sale or tram:for. (Ord. 2753 ~ 1, 1973; 19€i7 oode ~ 5.08.100.) 10.56.080 Dealer VVeekly reports. /\11 pereons engaged in the buying of new or used bioyoles am required to make ::1 weekly report to the chief of police giving the name and description of each bicyole purchased ::1nd the frame number thereof. (Ord. 2753 ~ 1, 1973; 1957 oode ~ 6.08.110.) 10.56.090 Dismantling Report, 'Nithin 10 days after any bicycle registered under this ohapter has been dismantled ::1nd taken out of oper3tion, suoh information shall be reported to the Ordinance No, 5923 July 5, 2005 Page 3 chief of polioe by the person in whose name the bicycle has been registered. (Ord. 2753 ~ 1, 1973; 1957 oode ~ 5.011.120.) 10.56.100 Rental agency equipment requirements. It sh311 be the duty of the ohief of polioe to make J3eriodio inspeotions of bicycles offored for rent31 by 311 persons engaged in the business of renting bicyoles to the public; and 011 persons so engaged in the business of renting bioyoles sh311 be responsible for the oondition of all bicyoles offered for rental by them, 3nd also shall be responsible for equipping the bioyoles with proper lights 3nd other G3fety equipment as required elsev/here in this chapter. (Ord. 2753 ~ 1, 1973; 1957 oode ~ e.08.130.) 10.56.110 Lights. No bicycle shall be permitted on any street or highway of the city between 30 minutes after sunset and 30 minutes before sunrise without a clear white headlight visible under normal atmospheric conditions from the front thereof for not less than 500 feet indicating the approach or presence of the bicycle, firmly attached to such bicycle and properly lighted, and without a red light or reflex mirror not less than two and one-half inches in diameter attached to the rear thereof. (Ord. 2753 S 1, 1973; 1957 code S 5.08.140.) 10.56.120 Traffic regulations. Every person riding or operating a bicycle on any street, alley, sidewalk or public place in the city shall be subject to all provisions of the laws of the state and the ordinances of the city applicable to the drivers of vehicles, except the provisions thereof that by their nature can have no application. Additionally, it shall be a traffic infraction for any person to do any act forbidden or fail to perform any act required in RCW 46.61 ,750 throuqh RCW 46.61.780, subiect to any exceptions stated herein. (Ord. 2753 S 1, 1973; 1957 code S 5.08.150.) 10.56.130 Speed. No bicycle shall be ridden faster than is reasonable and proper and every bicycle shall be operated with reasonable regard for the safety of the operator and other persons upon the streets and highways, sidewalks and other public areas of the city. (Ord. 2753 S 1, 1973; 1957 code S 5.08.160.) 10.56.140 Riding on right-hand side of roadway. Every person riding or propelling a bicycle upon any street or highway of the city shall ride at the right-hand side of the street or highway within five feet of the curb when possible, and shall pass to the right when meeting vehicles. (Ord. 2753 S 1, 1973; 1957 code S 5.08.170.) 10.56.150 Extra passengers. It is unlawful for any person operating a bicycle upon any of the streets or highways of the city to carry another person on the same bicycle; provided, Ordinance No. 5923 July 5, 2005 Page 4 however, that this restriction shall not apply to tandem bicycles or other bicycles equipped for two or more riders. (Ord. 2753 S 1, 1973; 1957 code S 5.08.180.) 10.56.160 Riding abreast. No person shall ride or propel a bicycle abreast of any other person so riding or propelling a bicycle on any of the streets or sidewalks of the city. (Ord. 2753 S 1, 1973; 1957 code S 5.08.190.) 10.56.170 Attaching to moving vehicle. It is unlawful for any person while riding a bicycle on the streets or highways of the city to hitch or otherwise attach himself onto another moving vehicle. (Ord. 2753 S 1, 1973; 1957 code S 5.08.200.) 10.56.180 Taking without permission. No person shall take any bicycle for the purpose of riding or propelling the same upon the streets or highways of the city without the consent of the owner. (Ord. 2753 S 1, 1973; 1957 code S 5.08.210.) 10.56.185 Helmets, Everyone ridinq a bicycle or ridinq as a passenqer on a tandem bicycle or other bicycle equipped to carry two or more riders upon any City of Auburn road, alley, sidewalk. recreational trail or park property shall wear a protective helmet desiqned for bicycle safety that meets or exceeds the safety standards adopted by the United States Consumer Product Safety Commission or set by the American National Standards Institute, or such subsequent nationally recoqnized standard for bicycle helmet performance as the City may adopt by ordinance. The helmet must be equipped with either a neck strap or chinstrap that shall be fastened securely while the bicycle is in motion. 10.56,190 Riding ability exomin3tion. The chief of polioe m3Y require a demonstr3tion of riding ability of those whom he considers too inexpert to ride in tr3ffio. (Ord. 2753 ~ 1, 1973; 1957 oode ~ 5.08.220.) 10.56.200 Enforcement. The polioe judge is 3uthorized 3nd empowered to administer the provisions of this ohapter, and all provisions hereof, All police officers are charged with the duty of enforcing the provisions of this chapter. The ohief of police is also empowered to impound any unregistered or improperly FCgictered bioyclo found .....ithin the oity limits, and the impounding of bioycles may bo in addition to any other penaltios provided in this ohapter. (Ord. 2753 ~ 1, 1973; 1957 oode ~ 5.08.230.) 10.56.210 Violation - Penalty. Ordinance No. 5923 July 5, 2005 Page 5 Violation of the provIsions of this chapter is an infraction, subject to penalties in accordance with ACC 1.25.050, unless otherwise provided herein. (Ord. 5683 S 29, 2002; Ord. 2753 S 1, 1973; 1957 code 9 5.08.240.) Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 3. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. JUL 5 2005 JUl 5 2005 JUL 2005 INTRODUCED: PASSED: APPROVE ~ PETER B. LEWIS MAYOR ATTEST: &~ef!1a~ City Clerk - D ~~-fPRM: . ( 1.'/ (Ji , <=><1' .' I , '/"! \ - '/' ' Daniel B. Heid - City Attorney .~ Ordinance No. 5923 July 5, 2005 Page 6 PUBLISHED: I _cl-O-=:-~ Ordinance No. 5923 July 5, 2005 Page 7