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ARTICLE X. BICYCLES, TOY VEHICLES AND MOTORIZED SKATEBOARD OR SCOOTER*

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*Editor's note: Ord. No. 42,900, § 3, adopted Nov. 6, 2007, added Art. X, consisting of §§ 25-324--25-350. At the editor's discretion and with the consent of the city, said provisions have been renumbered to read as herein set out to utilize section numbers previously assigned to Art. X and to allow for growth in Arts. IX and X.

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Sec. 25-376. Violations of chapter.

Unless otherwise specifically provided, a violation of any provision of this article shall constitute a class 4 misdemeanor.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-377. Removing, altering etc., frame number; frame number placed by chief of police or his designee or by bicycle dealer.

It shall be unlawful for any person to remove, change, alter, mutilate, or in any way render undistinguishable any bicycle frame number; provided, however, that when any bicycle is registered under this chapter and it appears that the frame number has become obliterated or is illegible, or that the same has no frame number, the chief of the police or his designee may place or cause to be placed a frame number thereon for registration purposes; and further provided, that every person engaged in the business of buying, selling, exchanging or trading new or used bicycles shall, prior to the sale of a bicycle which does not have a legible frame number, or which does not have a frame number, stamp a frame number thereon in accordance with the regulations propounded by the chief of police or his designee.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-378. Impoundment and sale of abandoned bicycles.

(a) Any bicycle found without a registration decal issued pursuant to article II of this chapter and unattended shall be deemed abandoned, if a reasonable attempt to locate the owner or user in the immediate vicinity of the bicycle fails to produce such owner or user. Any bicycle so abandoned shall be taken into custody and impounded by the chief of police or any officer of the department of police.

(b) No abandoned bicycle shall be released or removed from impoundment except upon a satisfactory showing of ownership and display of a city registration decal by the owner or his agent.

(c) If an abandoned bicycle is not reclaimed, as provided in subsection (b) above within thirty (30) days from the date of impounding, the chief of police or his agent shall cause the bicycle to be sold at public auction or donated to a charitable organization. All funds realized from an auction, minus expenses of the auction, shall be paid to the treasurer of the city. A charitable organization means any charitable institution or association located within the city limits as approved by the director of public safety or her designee. A charitable organization receiving donated bicycles shall certify, in writing, that the bicycles will be donated by the organization to needy individuals.

(Ord. No. 42,900, § 3, 11-6-07; Ord. No. 43,155, § 1, 7-1-08)

Sec. 25-379. Registration required.

It shall be unlawful for any person over the age of eighteen (18) years, who resides in the city, to operate or use a bicycle upon any sidewalk, street, alley, lane or public highway of the city, or for any parent or guardian to allow any person under the age of eighteen (18) years, who resides in the city, to operate or use a bicycle upon any sidewalk, street, alley, lane or public highway of the city, unless such bicycle has been properly registered in accord with the provisions of this article.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-380. General procedure; decal to be affixed to bicycle.

The registration of all bicycles shall be accomplished by making written application therefor to the chief of police or his designee on forms prescribed by him. Such forms may be distributed to the public by persons and business establishments designated by the chief of police or his designee. Such written application shall be made by the owner of the bicycle, if over the age of eighteen (18), or by the parent or guardian, if the owner is under the age of eighteen (18). The completed application shall be delivered to the chief of police or his designee. After approval of the application, the chief of police or his designee shall issue to such applicant a registration card and also a decal in a form prescribed by him. Such decal shall be affixed to a registered bicycle in a conspicuous place on that part of the bicycle frame into which the seat post is fitted or such other place as may be designated by the chief of police or his designee. It shall be unlawful to attach any such decal to any bicycle other than the one for which the same was issued.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-381. Time for registration.

Any person acquiring a bicycle shall have the same registered or the registration transferred to him, within fifteen (15) days after acquisition of such bicycle. This provision shall be applicable to all bicycles, regardless of the means by which the same are acquired.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-382. Lost or mutilated decals.

When any decal issued as provided in this article is badly mutilated, lost, stolen or misplaced and cannot be found, upon satisfactory evidence of such facts being presented to the chief of police or his designee, he shall issue another decal and shall change the registration of such bicycle accordingly.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-383. Change of registration upon transfer of ownership.

When any bicycle registered under this article shall be transferred to another, the same shall be reported to the chief of police or his designee, together with the name and address of the person to whom transferred, and the registration thereof shall be changed accordingly.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-384. Records to be kept; notice of change of owner's address.

The chief of police or his designee shall keep a complete record of all bicycles registered pursuant to this article, showing the name and address of the owner, if over the age of eighteen (18), or of the parent or guardian and owner, if the owner is under the age of eighteen (18), the make, class and frame number of such bicycle and the number of the decal issued therefor. All changes of address of the owner, if over the age of eighteen (18), or of the parent or guardian and owner, if under the age of eighteen (18), shall be reported, within thirty (30) days of such change, to the chief of police or his designee.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-385. Impounding unregistered bicycle.

(a) When any police officer or other officer charged with the duty of enforcing the ordinances of the city shall discover any unregistered bicycle in any public place in the possession or control of any person, he may take custody of such bicycle and impound the same. Any bicycle so impounded shall be released only upon a satisfactory showing of ownership, payment of five dollars ($5.00) for storage charges and proper registration and display of a decal by the owner or his agent.

(b) Any juvenile whose bicycle is impounded pursuant to this section shall be escorted forthwith to his place of residence or other appropriate place.

(c) An officer impounding a bicycle under this section shall inform the person from whose possession or control the bicycle was removed of the provisions of this section upon his taking the bicycle into his custody, and he shall mail or hand deliver a notice containing the provisions of this section to such person. In the case of juveniles, such notice shall be mailed or hand delivered to his parents or guardians.

(d) If any bicycle impounded under this section is not reclaimed within thirty (30) days from the date of impounding, the chief of police or his agent shall cause the bicycle to be sold and the funds therefrom disposed of in accordance with section 25-326.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-386. Applicability of traffic regulations to riders.

Every person riding a bicycle or motorized skateboard or scooter upon a street or roadway within the corporate limits of the city shall be granted all the rights and shall be subject to all the duties and responsibilities applicable to the driver of a motor vehicle under the laws of the state and the traffic ordinances of the city, except as to those provisions which, by their very nature, can have no application.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-387. Lights and reflectors.

Every bicycle when in use between sunset and sunrise shall be equipped with a white light on the front emitting a white light which shall be visible in clear weather from a distance of at least five hundred (500) feet to the front and with a red reflector visible from a distance of at least six hundred (600) feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. Such lights and reflector shall be of types approved by the superintendent.

In addition to the foregoing provisions of this section, a bicycle or its rider may be equipped with lights or reflectors. These lights may be steady burning or blinking. Every bicycle, or its rider, shall be equipped with a taillight on the rear emitting a red light plainly visible in clear weather from a distance of at least five hundred (500) feet to the rear when in use between sunset and sunrise and operating on any highway with a speed limit of thirty-five (35) mph or greater. Any such taillight shall be of a type approved by the Superintendent.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-388. Helmet required for bicycle and toy vehicle riders fourteen years of age or younger.

(a) Every person fourteen (14) years of age or younger shall be required to wear a protective helmet which meets the standards promulgated by the Consumer Product Safety Commission whenever riding or being carried on a bicycle on any highway, street, sidewalk or bicycle path.

(b) The parents or guardians of any person who violates this section shall be jointly and severally liable. Violation of this section is punishable by a fine of twenty-five dollars ($25.00), provided that such fine shall be suspended for any person's first violation, if the person provides proof of ownership of, or having acquired, subsequent to the violation but prior to the deadline for payment of the civil penalty, a helmet of the type required by this section.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-389. Toy vehicles to be operated during daylight.

Toy vehicles shall not be operated on any highways or city streets or property between sunset and sunrise.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-390. Brake.

Every bicycle, toy vehicle or motorized skateboard or scooter, when operated on any street, shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-391. Muffler required for motorized skateboard or scooters.

No motorized skateboard or scooter or toy vehicle shall be operated in the city unless such vehicle is equipped with a two-stage muffler in good working order and in constant operation, effective to prevent excessive or unusual noise.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-392. Bell or other signal device.

Every bicycle operated on the streets shall be equipped with a bicycle bell or other signal device capable of giving a signal audible for a distance of at least one hundred (100) feet; provided, however, that no person shall use upon a bicycle any siren or exhaust whistle.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-393. Carrying other persons.

No person riding a one-seated bicycle, toy vehicle or a motorized skateboard or scooter shall carry any additional person on the same.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-394. Hand on handlebars; carrying packages.

(a) No person shall ride a bicycle, toy vehicle or a motorized skateboard or scooter on any street without having at least one of his hands upon the handlebars.

(b) No person operating a bicycle, toy vehicle or motorized skateboard or scooter upon a street shall carry any package, bundle or article which prevents him from keeping at least one hand upon the handlebars.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-395. How turn signals given.

(a) Signals shall be given by means of the hand and arm or by some mechanical or electrical device approved by the superintendent, in the manner specified in this section. Whenever the signal is given by means of the hand and arm, the driver shall indicate his intention to start, stop, turn, or partly turn by extending the hand and arm beyond the left side of the vehicle in the manner following:

(1) For left turn or to pull to the left, the arm shall be extended in a horizontal position straight from and level with the shoulder;

(2) For right turn or to pull to the right, the arm shall be extended upward;

(3) For slowing down or stopping, the arm shall be extended downward.

(b) Wherever the lawful speed is more than thirty-five (35) miles per hour, such signals shall be given for a distance of at least one hundred (100) feet, and in all other cases at least fifty (50) feet, before slowing down, stopping, turning, or partly turning. Such signals, however, need not be given continuously if both hands are needed in the control or operation of the bicycle.

(c) Notwithstanding the foregoing provisions of this section, a person operating a bicycle may signal a right turn or pull to the right by extending the right hand and arm in a horizontal position straight from and level with the shoulder beyond the right side of the bicycle and may signal slowing down or stopping by extending the right arm downward.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-396. Riding on roadways.

Every person operating a bicycle, toy vehicle or motorized skateboard or scooter upon a roadway at less than the normal speed of traffic at the time and place under conditions then existing shall ride as near to the right side of the street as safely practicable, except under any of the following circumstances:

(1) When overtaking and passing another vehicle proceeding in the same direction;

(2) When preparing for a left turn at an intersection or into a private road or driveway;

(3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right curb or edge; a "substandard width lane" is a lane too narrow for a bicycle or motorized skateboard or scooter to pass safely side by side within the lane;

(4) When avoiding riding in a lane that must turn or diverge to the right; and

(5) When riding upon a one-way road or highway, a person may also ride as near the left-hand curb or edge of such roadway as safely practicable.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-397. Riding two abreast.

Persons riding bicycles, toy vehicles or motorized skateboards or scooters upon a street or roadway shall not ride more than two (2) abreast. Persons riding two (2) abreast shall not impede the normal and reasonable movement of traffic, shall move into a single-file formation as quickly as is practicable when being overtaken from the rear by a faster moving vehicle, and, on a laned roadway, shall ride in a single lane.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-398. Riding on sidewalks.

(a) No person shall ride a bicycle, toy vehicle or motorized skateboard or scooter upon any sidewalk, whether paved or unpaved, in a business district.

(b) No person fifteen (15) or more years of age shall ride a bicycle, toy vehicle or motorized skateboard or scooter upon any sidewalk, whether paved or unpaved, in any district, except that any person shall be allowed to ride a bicycle on the sidewalks of the area designated as the "Elizabeth River Trail".

(c) Whenever any person shall ride a bicycle, toy vehicle or a motorized skateboard or scooter on the sidewalk, whether paved or unpaved, such person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing any pedestrian. Persons riding bicycles, toy vehicles or motorized skateboard or scooters on sidewalks shall ride in single file.

(d) A business district, within the meaning of this section, is the territory contiguous to any sidewalk, whether paved or unpaved, in any block where seventy-five (75) percent or more of the total frontage abutting such sidewalk in such block is occupied by buildings actually in use and operation for business purposes.

(e) This prohibition shall not apply to public safety officers, city employees or their representatives operating bicycles while engaged in their official assigned duties.

(f) A violation of this section shall be punishable by a civil penalty of not more than fifty dollars ($50.00).

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-399. Riding out of lanes, alleys and driveways.

Every person riding a bicycle, toy vehicle or motorized skateboard or scooter out of a lane, alley or private driveway across a sidewalk or sidewalk area shall first bring such bicycle, toy vehicle or motorized skateboard or scooter to a stop before crossing the sidewalk or sidewalk area.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-400. Reckless riding.

No person shall ride a bicycle, toy vehicle or motorized skateboard or scooter recklessly or at a speed or in a manner so as to endanger the life, limb or property of the rider or of any other person.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-401. Clinging to moving vehicle.

No person riding a bicycle, toy vehicle or motorized skateboard or scooter shall take or catch hold of any moving automobile, bus or other vehicle of any kind upon any street, for the purpose of being drawn or propelled by the same.

(Ord. No. 42,900, § 3, 11-6-07)

Sec. 25-402. Restrictions on operating push motor scooters on streets and highways.

Motorized skateboard or scooters and toy vehicles shall not be operated on any street or highway with a speed limit in excess of twenty-five (25) miles per hour; however, the operator may cross a street or highway with a speed limit in excess of twenty-five (25) miles per hour if the crossing begins and ends on a street with a speed limit of twenty-five (25) miles per hour.

(Ord. No. 42,900, § 3, 11-6-07)

Secs. 25-403--25-590.46. Reserved.

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