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Home My WebLink About06-20-2005 ITEM VIII-A-4CITYOF * �* V I11V AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Ordinance No. 5923 June 15, 2005 Department: Attachments: Budget Impact: n/a Legal Ordinance No. 5923 Administrative Recommendation: City Council introduce and adopt Ordinance No. 5923. Background Summary: 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. The proposed ordinance updates the current code and adds a provision for bicycle safety helmets. 01.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES:.. ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until _!_/_ Tabled Until _/_!_ Councilmember: Cerino I Staff: Heid Meeting Date: June 20, 2005 1 Item Number: VIII.A.4 AUBURN * MORE THAN YOU IMAGINED 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: 10.56.050 1 RspeGtkN3,-.Repealed 10.56.060 Altering or destroying serial numbers ----------------- Ordinance No. 5923 June 15, 2005 Pagel Chapter 10.56 BICYCLES Sections: 10.56.010 Definitions. 10.56.020 Regsstfiatian—RequiFed.Repgaled 10.56.030 Repealed 10.56.040 Healer Sale repe#a,.Regpaled 10.56.050 1 RspeGtkN3,-.Repealed 10.56.060 Altering or destroying serial numbers ----------------- Ordinance No. 5923 June 15, 2005 Pagel 10.56.070 Sale or traRsfer F8pGFt6. Repealed 10.56.080 DealeF Wee kl epefts.Repealed 10.56.090 Report -. Repealed 10.56.100 .Repealed 10.56.110 Lights. 10.56.120 Traffic regulations. 10.56.130 Speed. 10.56.140 Riding on right-hand side of roadway. 10.56.150 Extra passengers. 10.56.160 Riding abreast. 10.56.170 Attaching to moving vehicle. 10.56.180 Taking without permission. 10.56.185 Helmets 10.56.190Riding ability .Repealed 10.56.200 Enforcement. 10.56.210 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 2-910 inches in diameter, with tires inflated, having handlebars and saddle seat or seats, and propelled by the feet acting on treadles connected with levers. 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 § 1, 1973; 1957 code §§ 5.08.010 — 5.08.040.) - - - INNER OMNI -_ -SOMIN1-0-i M. OWN- • - - - INNER - -_ -SOMIN1-0-i ----------------- Ordinance No. 5923 June 15, 2005 Page 2 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 § 1, 1973; 1957 code § 5.08.090.) ----------------------- - - ...• .. all .- --------------- - - Ordinance No. 5923 June 15. 2005 Page 3 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 § 1, 1973; 1957 code § 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 act required in RCW 46.61.750 through RCW 46.61.780 subject to any exceptions stated herein. (Ord. 2753 § 1, 1973; 1957 code § 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 § 1, 1973; 1957 code § 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 § 1, 1973; 1957 code § 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, however, that this restriction shall not apply to tandem bicycles or other bicycles equipped for two or more riders. (Ord. 2753 § 1, 1973; 1957 code § 5.08.180.) ----------------- Ordinance No. 5923 June 15, 2005 Page 4 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 § 1, 1973; 1957 code § 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 § 1, 1973; 1957 code § 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 § 1, 1973; 1957 code § 5.08.210.) 10.56.185 Helmets. Everyone riding a bicycle or riding as a passenger 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 designed 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 recognized 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. 00 The police judge is authorized and empowered to administer the pFevisions I U.- h?pter, ?nQ! 211 provisions hereef� All police officers are charged with the duty of enforcing the provisions 10.56.210 Violation — Penalty. Violation of the provisions penalties in accordance with ACC (Ord. 5683 § 29, 2002; Ord. 2753 § ----------------- Ordinance No. 5923 June 15, 2005 Page 5 of this chapter is an infraction, subject to 1.25.050 unless otherwise provided herein. 1, 1973; 1957 code § 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. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ATTEST: Danielle Daskam City Clerk m' City Attorney PUBLISHED: ----------------- Ordinance No. 5923 June 15, 2005 Page 6