Legislation # 06-0605 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 10/25/2006
Title AN ORDINANCE TO AMEND CHAPTER 6 ENTITLED "BICYCLES," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
 
Legislation History 06-0605
DateNotice Of ActionDescription
11/15/2006 Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.
10/25/2006 Adopted on First Reading - Councilman Tignor made an appeal to local parents to talk with their children about being safe while bicycling at night by wearing light clothing and preferably reflecting tape. Bicycles should also be equipped with lights and reflectors.
10/14/2006 Received By Clerk's Office
 
View Attachments 06-0605
FileTypeSizeDescription
Chapter 6 - Bicycles - REDLINE - October 4, 2006.doc Other 56K Chapter 6 - Bicycles - Redline
 
Legislation Text 06-0605

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0605

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 6 ENTITLED "BICYCLES," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.

 

 

 

Chapter 6

 

BICYCLES

 

Article I. In General

Sec. 6-1. Definitions.

Sec. 6-2. Parent or guardian not to permit violation of chapter by child or ward.

Sec. 6-3. Removing, altering, etc., serial number.

Sec. 6-4. Report of sale generally.

Sec. 6-5. Dealers' report of sales and purchases.

Sec. 6-6--6-15. Reserved.

 

Article II. Equipment and Operating Rules

Sec. 6-16. Violations of article generally.

Sec. 6-17. Impoundment of bicycle involved in violation of article.

Sec. 6-18. Lamps and reflectors.

Sec. 6-19. Brake.

Sec. 6-20. Bell or other warning device.

Sec. 6-21. Use of permanent seat.

Sec. 6-22. Carrying passengers.

Sec. 6-23. Applicability of traffic regulations to riders.

Sec. 6-24. Compliance with traffic-control devices.

Sec. 6-25. Duty to ride close to right-hand edge of roadway.

Sec. 6-26. Riding two or more abreast.

Sec. 6-27. Rider not to attach himself or bicycle to vehicle on roadway.

Sec. 6-28. Required use of bicycle paths.

Sec. 6-29. Riding on sidewalks within public rights-of-way.

Sec. 6-30. Manner of parking.

Sec. 6-31. Exclusion for police bicycle division.

Sec. 6-32. Bicycle helmets.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 6-1. Definitions.

 

As used in this chapter, the word "bicycle" means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two or more wheels in tandem, including childrens bicycles, except a toy vehicle intended for use by young children. Other words and terms used in this chapter and which are defined in section 21-1 of this Code shall, for the purposes of this chapter, have the meanings ascribed to them in section 21-1.

State Law References: Similar definition, Code of Virginia, 46.2-100.

 

Sec. 6-2. Parent or guardian not to permit violation of chapter by child or ward.

 

Any parent of any child or guardian of any ward who authorizes or knowingly permits such child or ward to violate any provision of this chapter shall be guilty of a Class 4 misdemeanor.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-274)

Cross References: Penalty for Class 4 misdemeanor, 1-11.

 

Sec. 6-3. Removing, altering, etc., serial number.

 

It shall be unlawful and a Class 1 misdemeanor for any person to willfully or maliciously remove, destroy, mutilate or alter any bicycle serial number.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-270)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 6-4. Report of sale generally.

 

Any person selling a bicycle within the city shall notify the police department of such sale within ten (10) days after the date thereof. Failure to make such notification shall constitute a Class 1 misdemeanor.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-271)

Cross References: Penalty for Class 1 misdemeanor, 1-11.

 

Sec. 6-5. Dealers' report of sales and purchases.

 

(a) Every person engaged in the business of buying or selling new or secondhand bicycles shall make a report to the chief of police of every bicycle purchased or sold by such dealer, within ten (10) days of the transaction, giving the name and address from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number thereof, and the number of the license plate, if any, found thereon.

 

(b) A violation of this section shall constitute a Class 1 misdemeanor.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-272)

Cross References: Secondhand dealers generally, Ch. 27.

 

Secs. 6-6--6-15. Reserved.

 

ARTICLE II.

 

EQUIPMENT AND OPERATING RULES*

__________

* Cross References: Motor vehicles and traffic, Ch. 21; for traffic regulation purposes, bicycles deemed to be "vehicles" when operated upon a highway, 21-1 (definition of "vehicles"); duty of operator of motor vehicle upon passing bicycle, 21-277; passing other vehicles by person riding bicycle, 21-278; left turns by bicycle riders, 21-280; turn signals by bicycle riders, 21-283(b).

__________

 

Sec. 6-16. Violations of article generally.

 

Unless otherwise specifically provided, a violation of any provision of this article shall constitute a traffic infraction punishable by a fine of not more than one hundred dollars ($100.00).

(Ord. No. 676, 12-10-80; Code 1964, 25.1-27)

Cross References: "Traffic infraction" defined, 21-1; traffic infractions treated as misdemeanors for arrest purposes, 21-7; procedure in traffic infraction cases, 21-8.

 

Sec. 6-17. Impoundment of bicycle involved in violation of article.

 

In addition to any penalty imposed pursuant to section 6-16, upon the violation of any of the provisions of this article, the police division may impound the bicycle involved in such violation for a period of not more than ten (10) days. In the event an operator of a bicycle shall violate any such provisions three (3) or more times within any yearly period, the police division may impound the bicycle for a period of not over thirty (30) days; provided, however, that any person aggrieved by the enforcement of this provision shall have a right of appeal, within three (3) days after such impounding, to the general district court of the city and such appeal shall stay the execution of the impoundment until determined by the court. Nothing herein contained shall prevent the court from imposing a greater penalty; provided, however, that the impounding of any bicycle shall not exceed ninety (90) days.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-273)

 

Sec. 6-18. Lamps and reflectors.

 

(a) Every bicycle, electric personal assistive mobility device, electric power-assisted bicycle, and moped when in use between sunset and sunrise shall be equipped with a headlight on the front emitting a white light visible in clear weather from a distance of at least 500 feet to the front and a red reflector visible from a distance of at least 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 of the department of state police of the commonwealth.

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.

(b) 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 500 feet to the rear when in use between sunset and sunrise and operating on any highway with a speed limit of 35 mph or greater. Any such taillight shall be of a type approved by the Superintendent.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-281)

State Law References: Similar provisions, Code of Virginia, 46.2-1015.

 

Sec. 6-19. Brake.

 

Every bicycle, electric power-assisted bicycle, and moped, when operated on a highway, shall be equipped with a brake that will enable the operator to make the braked wheels skid on dry, level, clean pavement. Every electric personal assistive mobility device, when operated on a highway, shall be equipped with a system that, when activated or engaged, will enable the operator to bring the device to a controlled stop.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-166, 25.1-283)

State Law References: Similar provisions, Code of Virginia, 46.2-1066.

 

Sec. 6-20. Bell or other warning device.

 

No person shall operate a bicycle upon a street or highway, unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred (100) feet, except that a bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren or whistle.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-282)

 

Sec. 6-21. Use of permanent seat.

 

A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-278)

 

Sec. 6-22. Carrying passengers.

 

It shall be unlawful for any person to carry another person on a bicycle, unless the bicycle is designed and equipped to carry another person.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-279)

 

Sec. 6-23. Applicability of traffic regulations to riders.

 

Every person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or an animal or driving an animal on a highway shall be subject to the provisions of Code of Virginia, 46.2-800 et seq. or chapter 21 of this Code and shall have all of the rights and duties applicable to the driver of a vehicle, unless the context of the provision clearly indicates otherwise.

The provisions of subsections A and C of Virginia Code, 46.2-920, applicable to operation of emergency vehicles under emergency conditions, shall also apply, mutatis mutandis, to bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds operated under similar emergency conditions by law-enforcement officers.
(Ord. No. 676, 12-10-80; Code 1964, 25.1-15)

State Law References: Similar provisions, Code of Virginia, 46.2-800.

 

Sec. 6-24. Compliance with traffic-control devices.

 

Any person operating a bicycle shall obey the instructions of official traffic-control signals, signs and other devices applicable to vehicles, unless otherwise directed by a police officer. Whenever authorized signs are erected indicating that no right, left or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-280)

Cross References: Pedestrians, 21-501 et seq.

 

Sec. 6-25. Duty to ride close to right-hand edge of roadway.

 

Any person operating a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped on a roadway at less than the normal speed of traffic at the time and place under conditions then existing shall ride as close as safely practicable to the right curb or edge of the roadway, 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;

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.

For purposes of this section, a "substandard width lane" is a lane too narrow for a bicycle, electric personal assistive mobility device, electric power- assisted bicycle, or moped and another vehicle to pass safely side by side within the lane.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-276)

State Law References: Similar provisions, Code of Virginia, 46.2-905.

 

Sec. 6-26. Riding two or more abreast.

 

Persons riding bicycles, electric personal assistive mobility devices, or electric power-assisted bicycles on a highway shall not ride more than two abreast. Persons riding two 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. 676, 12-10-80; Code 1964, 25.1-276)

State Law References: Similar provisions, Code of Virginia, 46.2-905.

Sec. 6-27. Rider not to attach himself or bicycle to vehicle on roadway.

 

No person riding on any bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, roller skates, skateboards, toys, or other devices on wheels or runners, shall attach the same or himself to any vehicle on a roadway.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-140)

State Law References: Similar provisions, Code of Virginia, 46.2-932.

 

Sec. 6-28. Required use of bicycle paths.

 

Wherever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway.

 

Sec. 6-29. Riding on sidewalks within public rights-of-way.

 

(a) Whenever any person shall ride a bicycle on the sidewalk within public rights-of-way, whether paved or unpaved, such person shall yield the right-of-way to any pedestrian, shall give an audible signal before overtaking and passing any pedestrian, and shall ride in single file. Permissive use of a sidewalk within public rights-of-way does not apply where there is a usable bike path.

 

(b) No person except a police officer while on patrol shall ride a bicycle upon any sidewalk within public rights-of-way, whether paved or unpaved, in (i) any area where the main entrance/exit to a building directly opens onto a sidewalk within public rights-of-way (e.g., certain areas of Phoebus and Downtown), or (ii) any area actively being used for a special public event (e.g., Bay Days), or (iii) any area where "no bike riding" signage is conspicuously posted.

 

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

(Ord. No. 676, 12-10-80; Code 1964, 25.1-93, 25.1-276; Ord. No. 1270, 2-9-00)

State Law References: Authority to prohibit riding bicycles on sidewalks, Code of Virginia, 46.2-904.

 

Sec. 6-30. Manner of parking.

 

Bicycles shall be parked in such a manner that they will not interfere with pedestrians or motor vehicle traffic.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-277)

 

Sec. 6-31. Exclusion for police bicycle division.

 

This chapter shall not apply to the operation of bicycles by law enforcement officers in the performance of their duties using bicycles issued by the Hampton Police Division.

(Ord. No. 1212, 5-27-98)

 

Sec. 6-32. Bicycle helmets.

 

(a) Every person 14 years of age or younger shall wear a protective helmet that at least meets the Consumer Product Safety Commission standard whenever riding or being carried on a bicycle, an electric personal assistive mobility device, or an electric power-assisted bicycle on any highway as defined in Code of Virginia, 46.2-100, sidewalk, or public bicycle path.

(b) Violation of this section shall be punishable by a fine to twenty-five dollars ($25.00). However, such fine shall be suspended (i) for first-time violators and (ii) for any violator who, subsequent to the violation but prior to imposition of the fine, purchases a helmet of the type required by this section.

 

(c) Pursuant to section 46.2-906.1 of the Code of Virginia, 1950, as amended, violation of this section shall not constitute negligence, or assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, electric personal assistive mobility device, or electric power-assisted bicycle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any civil action.

State Law References: Authority for above section, Code of Virginia, 46.2-906.1.

(Ord. No. 1253, 7-14-99)

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council