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Home My WebLink AboutITEM VIII-A-3 AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 5923 Department: I Attachments: Legal Ordinance No. 5923 Administrative Recommendation: Date: June 15, 2005 Budget Impact: n/a 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. A0705-1 01.8 Reviewed by Council & Committees: D Arts Commission COUNCIL COMMITTEES: D Airport 0 Finance o Hearing Examiner 0 Municipal Servo o Human Services 0 Planning & CD o Park Board OPublic Works o Planning Comm. 0 Other Reviewed by Departments & Divisions: o Building 0 M&O o Cemetery 0 Mayor o Finance 0 Parks o Fire 0 Planning o Legal 0 Police o Public Works D Human Resources o Information Services Action: Committee Approval: OYes ONo Council Approval: OYes ONo Call for Public Hearing _/_/- Referred to Until _/_/- Tabled Until _/_/- Councilmember: Cerino I Staff: Heid Meeting Date: July 5, 2005 I Item Number: VIlI.A.3 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 A,UBURN, 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 ReEuirod.Repealed Registration Procedure. Repealed Doaler Sale reports.Repealed Ins3estisFI.Repealed Altering or destroying serial numbers. ----------------- Ordinance No. 5923 June 15. 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 Sale or transror reports. Repealed Dealer Weekly re3orts.Repealed Dismantling Report.Repealed Rental agency equipment requir-ements.Repealed Lights. Traffic regulations. Speed. Riding on right-hand side of roadway. Extra passengers. Riding abreast. Attaching to moving vehicle. Taking without permission. Helmets RiEJing ability examination. 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 thE~m in this section. A. "Bicycle" means and includes a light vehicle with two tandem wheels, neither of which shall be less than :W1Q 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.) 10.56.020 Registration Required. From and after the final pac&age and publication of the ordinanCCt cedified in this cAapter, it is unlawful for any resident ef the city to o3erate ar use a bieyele upon any of the str-eets, alleys or publie highways sf tho city without first regiGtering the bicycle with the /\ueurn pslice department. (Or.a. 2Q17 § 1, 1 Q76; Ord. 2753 § 1, 1Q73; 1Q57 coEJe § 5.08.050.) 10.56.030 Regictration ProcoEJure. The Aul:Jurn poliee de3artment is authorizeEJ anEJ dir-eeted ts register or cauce to bo register-ed all eicycles, new and usod, wAieh are to be used within the city limits. Re§istration forms shall be furnisheEJ by the polico department and shall consist of tv.'e parts, each 3art requirin§ the name af tRe re§istereEJ o'....nor, his or her adelress ;:md telephone number, ana the make, calor, model and serial number --...--------..----... Ordinance No. 5923 June 15, 2005 Page 2 of the bicycle. The registration form shall be retained by the poliee department for a 3erisa of not less than five years. (Ord. 2753 § 1, 1Qn; 1Q57 eoda § 5.08.9@0.) 10.56.040 Dealer Sale reports. 1\11 businesses within the eity whieR selll:Jieycles, newer usod, ar~3 r-equired to notify the .^,uburn police department regarding the facts of that sa() by filing required information on the prescribed form and filing tho form ''vith the /\uburn police department. Tho re§istratioFl term shall be filea '.\lith tRe poliee 80partment within seven days of the sale of the bicycle. (Ord. 2753 § 1, 1Qn; 1Q~¡7 eode § 5.08.070.) 10.56.050 Inspeotion. The polioe department may inspoct each bicycle prosonted to it for registration and it may have the authority to refuGe to register any sblGh bicyole found to bo in an unsafe mechanioal condition. (Ord. 2753 § 1, 19n; 1957 eodo § 5.08.080.) 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.) 10.56.079 Salo or transfer reports. It shall be tho duty of every person who sells or transfers ownership of any bioyole to report suoh salo or transfer within 10 days thoreafter by returning to tho ohiof of 3elico the rogistration card issued te such person as lieenseo thereof, together with the namo and address of the person to whom the bicyclo was sold or transferred; and it shall be the duty of the purohacer or transf-orea of such bioycle to ap3ly for a transfer of registration thereof within 10 days of the sale or transf€r. (Ord. 2753 § 1, 1 Qn; 1 Q57 oode § 5.08.100.) 10.56.080 Dealer INeekly reports. All persons enga§ed in tho I:Jblying of new or used l:JioyoleG are rc!quir-ed to make a weekly report to the ohief of poliee giving the nomo and doscription of each l:Jieyele purct-lased and tt-le frame nljmber thereof. (Or.a. 2753 § 1, 10n; 1 Q57 oodø § 5.08.110.) 10.56.0QO Dismantling Re3ort. Within 10 days after any bicycle registered under this chapter has beon dismoFltled and taken out of operation, sueR informatien shall be re3srted to the ohiof af 3olioe ey tRB 3ersen in 'lIt-lese name the l:Jieyole t-las been re§istered. (Ord. 2753 § 1, 19n; 1Q57 eode § 5.08.120.) ----------------- Ordinance No. 5923 June 15, 2005 Page 3 19.56.100 Rental a§oncy equi¡;¡ment r-eqljirameAts. It shall be the duty of tho ehief of police te mako 3erioàio iAspeotioAs of bicycles efforoa f-or rental by all porsons engaged in the business of ronting bicyeles te the ¡;¡ublie; and all 3ersons so enga§ed in the l:JusiAess of renting bicyeles shall be responsiblo fer the condition ef all bicyelos offorod for rental by them, and also sRall bo r-espensible for equip3ing tRe bieyclos with proper lights ana ather safety equipmeAt as required elsewhere in tRis CRaptor. (Or.a. 2753 § 1, 1Q7ð; 1Q57 eode § 5.08.130.) 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 bicyde, 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 tÇi 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 be a traffic infraction for any person to do any act forbidden or fail to perform any act required in RCW 46.61.750 throuah RCW 46.61.780. subiect 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 ope,rator 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 hi~ghway 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 ¡treets or highways of the city to carry another person on the same bicycle; Iprovided, 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. Evervone ridinq a bicvcle or ridino as a passenoer on a tandem bicvcle or other bicvcle equipped to carrv two or more riders upon anv City of Auburn road. alley. sidewalk. recreational trail or park property shall wear a protective helmet desiqned for bicvcle safety that meets or exceeds the safety standards adopted bv the United States Consumer Product Safety Commission or set bv the American National Standards Institute. or such subsequent nationallv recoonized standard for bicvcle 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. 10.56.1 QO Riding ability examination. Tho chiof of police may requiro a demenstr-atien of riding ability of those whom 1:10 considers too inexpert to ride in traffic. (Ord. 2753 § 1, 1 Q73; 1 Q57 oode § 5.08.220.) 10.56.200 Enforcement. The polise judge is autt-lorizod and empowered to administer the provisions of this ehapter, and all pro'lisions Rereof. All police officers are charged with the duty of enforcing the provisions of this chapter. The oRief of police) is also empoworod ts impaund any unre§istored or impro3erly registered l:Jioy,:le found within the city limits, ana tRe im3ÐunaiAg of l:Jioyoles may be in adaitic)FI to any other 3enallies pr.e·¡ided in this chapter. (Ord. 2753 § 1, 1 Q73; 1 Q57 code § 5.08.230.) 10.56.210 Violation - Penalty. Violation of the provisions of this chapter is an infraction, subject to penalties in accordance with ACe 1.25.050. unless otherwise provided herein. (Ord. 5683 § 29, 2002; Ord. 2753 § 1, 1973; 1957 code § 5.08.240.) ----------------- Ordinance No. 5923 June 15. 2005 Page 5 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 PUBLISHED: ----.....----------- Ordinance No. 5923 June 15, 2005 Page 6