Chapter
7
BICYCLES1
Art. I. Definitions, Penalties, Application,
§§ 7-1—7-10
Art. II. Registration, §§ 7-11—7-30
Art. III. Bicycle Dealers, §§ 7-31—7-40
Art. IV. Abandoned Bicycles, §§ 7-41—7-50
Art. V. Operation, §§ 7-51—7-60
Art. VI. Bicycle Advisory Committee, §§
7-61—7-65 (Repealed)
ARTICLE
I. DEFINITIONS, PENALTIES, APPLICATION
Sec.
7-1. Definitions.
The following definitions shall apply
in the interpretation and enforcement of this chapter:
Authorized
agent: The chief of
police or his designee, or any person or business granted authority by the
chief of police to register a bicycle.
Bicycle:
A device propelled by
human power which any person may ride, having two (2) tandem wheels either of
which is more than sixteen inches (16) in diameter or having three (3) wheels
in contact with the ground any of which is more than sixteen (16) inches in
diameter.
Bicycle
lane: Any portion of a
roadway designated for bicycle use and defined by pavement markings, curbs,
signs or other traffic-control devices.
Dealer:
A retail distributor of
new or secondhand bicycles with sales of fifty (50) or more bicycles per month
who has not been designated as an authorized agent by the chief of police.
(Ord.
No. 87.24, 1-14-88; Ord. No. 88.42, § 1, 6-30-88; Ord. No. 94.34, 5-11-95)
Sec.
7-2. Responsibility of parent.
The parent of a child and the guardian
of a ward shall not authorize or knowingly permit the child or ward to violate
any provisions of this chapter.
(Ord.
No. 87.24, 1-14-88)
State law
reference—Similar
provisions, A.R.S. § 28-811(A).
__________________
1Editor's
note—Ordinance
No. 87.24, adopted Jan. 14, 1988, amended Ch. 7, Bicycles, in its entirety to
read as herein set out. The substantive provisions of former Ch. 7, §§ 7-1—7-4,
7-21—7-26, 7-41—7-47, 7-61—7-74, 7‑91—7-95 and 7-101—7-106, were derived
from the following:
Code 1967 Sec. Ord.
No. Date
7-1—7-17 371.5 1-10-85
7-19—7-35 371.6 11-14-85
7-36(a),
(b) 86.65 9-25-86
7-31
Cross reference—Motor vehicles and
traffic, Ch. 19.
State law reference—Authority of city to
license and regulate operation of bicycles, A.R.S. § 28-627(A)(8).
Sec. 7-3.
Application of provisions.
The regulations of this chapter in
their application to bicycles shall apply when a bicycle is operated upon any
highway, bicycle path or side walk subject to those exceptions stated in this
article.
(Ord.
No. 87.24, 1-14-88)
State law reference—Similar provisions, A.R.S. § 28-811(B).
Sec.
7-4. Civil sanctions.
Any person violating any of the
provisions of this chapter shall be liable for the imposition of a civil
sanction not to exceed two hundred fifty dollars ($250), unless another penalty
is specified. There is no penalty or
civil sanction for violation of section 7-11.
(Ord.
No. 87.24, 1-14-88; Ord. No. 94.34, 5-11-95)
Secs.
7-5—7-10. Reserved.
ARTICLE
II. REGISTRATION
Sec.
7-11. Registration requirements.
(a) Every
owner of a bicycle, before the same shall be operated on any of the streets,
alleys, sidewalks or public highways in the city, shall register the bicycle
with an authorized agent of the city.
(b) This
article shall apply to every bicycle owner who has resided in the city for
thirty (30) days or longer regardless of whether they are a part-time or
full-time resident. In the event that
(c) It
shall be unlawful for any person to operate a bicycle requiring registration
and not registered pursuant to this article on any street, alley, sidewalk or
public highway in the city.
(d) Every
authorized agent shall, prior to selling a new or secondhand bicycle to anyone
residing within the city, ensure that the bicycle is registered pursuant to
this chapter. Dealers of new or
secondhand bicycles who have not been designated as "authorized
agents" shall, prior to selling same to anyone residing within the city,
inform the purchaser of the requirements of this chapter.
(e) This
article shall in no way interfere with the secondhand dealer's responsibility
pursuant to chapter 16, Tempe City Code.
(Ord.
No. 87.24, 1-14-88; Ord. No. 88.42, § 2, 6-30-88; Ord. No. 94.34, 5-11-95)
Sec.
7-12. Bicycle registration cards—Required
information.
The bicycle registration cards will
contain the following information:
(a) Name
and address of owner;
(b) Make, model, serial number, license tag
number, color and general description of bicycle;
(c) Date issued;
(d) Change of address and new owner information.
(Ord.
No. 87.24, 1-14-88; Ord. No. 94.34, 5-11-95)
Sec.
7-13. Same—Distribution.
Repealed.
(Ord.
No. 87.24, 1-14-88; Ord. No. 94.34, 5-11-95)
Sec. 7-14. Fees.
The fee for registration of each
bicycle shall be set by council (See Appendix A) and be collected and retained
by the authorized agent of the city to defray the costs of registration. This fee may be waived by the police or fire
chief or their designees for registrations made pursuant to a city-sponsored
bicycle registration program.
(Ord.
No. 87.24, 1-14-88; Ord. No. 92.38, 8-20-92; Ord. No. 94.34, 5-11-95)
Sec.
7-15. Duration.
(a) The
registration provided for in this article shall be valid for the life of the
bicycle. All bicycle registrations shall
be appurtenant to the specific bicycle for which issued, and no other, and
shall not be transferred to or used on any other bicycle.
(b) It
shall be the duty of every person who sells or transfers ownership of any
bicycle to report such sale or transfer by returning to the police department
the registration card issued to such person, together with the name and address
of the person to whom the bicycle was sold or transferred. Such report shall be made within five (5)
days of the date of the sale or transfer.
It shall be the duty of the purchaser or transferee of such bicycle to
apply for a transfer of registration therefor within five (5) days of the sale
or transfer. The original registration
tag, which has no expiration date, shall remain on the bicycle and the number
reassigned to the new registered owner.
(Ord.
No. 87.24, 1-14-88)
Sec.
7-16. Applications for registration.
Application for bicycle registration
shall be made by the owner of the bicycle, or upon his written authorization,
to the authorized agent.
(Ord.
No. 87.24, 1-14-88; Ord. No. 94.34, 5-11-95)
Sec. 7-17. Registration tags and cards.
(a) The
city shall provide to authorized agents the registration tags or dies for use
in registering bicycles, together with registration cards.
(b) It
shall be the duty of the authorized agents to maintain, repair or replace
damaged dies as necessary.
(Ord.
No. 87.24, 1-14-88; Ord. No. 94.34, 5-11-95)
Sec.
7-18. Destruction.
No person shall remove, destroy,
mutilate or alter any registration tag, seal or registration card. Nothing in this section shall prohibit the
authorized agent from stamping identifying symbols, letters or numbers on the
frame or removable parts of licensed bicycle as in their discretion is
practicable. The police chief or his
designee may authorize an applicant's engraving of the frame in lieu of a
stamp. Such engraving must be approved
by the chief or his designee.
(Ord.
No. 87.24, 1-14-88; Ord. No. 94.34, 5-11-95)
Sec.
7-19. Removal, etc., of frame numbers.
No person shall willfully or
maliciously remove, destroy, mutilate or alter the number of any bicycle frame.
(Ord.
No. 87.24, 1-14-88)
Sec.
7-20. Reissuing tags.
In the event any bicycle registration
tag is lost, destroyed or mutilated so as not to be legible, the owner of such
registration tag shall immediately make application to an authorized agent, and
shall be issued another tag upon approval of such application by the police
chief or his designee upon payment of a fee, if any, set by the council
(Appendix A Fee Schedule).
(Ord.
No. 87.24, 1-14-88; Ord. No. 94.34, 5-11-95)
Secs.
7-21—7-30. Reserved.
ARTICLE
III. BICYCLE DEALERS
Sec.
7-31. Report of purchase by secondhand
dealers.
Persons engaged in the business of
buying or trading secondhand bicycles are hereby required to make a weekly
report to the police department:
(1) A complete description of the property,
including brand name, serial number and registration tag, if any.
(2) The date and time when the property was
received.
(3) The signature of the person from whom the
property was received.
(4) The name (printed), address and date of
birth of such person. The reporting
party shall require each person to show proof of his name, address and age by
exhibiting a valid driver's license, State of
(5) The dealer's name and the name of the
person receiving the property.
(6) A description of such person, consisting of
height, sex, weight, race, complexion, hair color and identifying marks, scars
or tattoos.
The report shall be made upon sheets
furnished by the police department. Each
sheet shall contain the above-listed information for each bicycle
received. Sheets will be available through
the police department pawn detail, located within the criminal investigations
bureau.
(Ord.
No. 87.24, 1-14-88)
Secs.
7-32—7-40. Reserved.
ARTICLE
IV. ABANDONED BICYCLES
Sec.
7-41. Duty of police to take possession.
It shall be the duty of the police
department to take possession of all bicycles that have been abandoned on any
street, alley or on any other public place in the city.
(Ord.
No. 87.24, 1-14-88)
Sec.
7-42. Notice to owner.
Upon taking possession of any abandoned
bicycle, it shall be the duty of the police department to ascertain, if
possible, the owner thereof and to notify such owner that such bicycle is in
the possession of the police department.
This notice may be given to the owner in person, by phone or by ordinary
mail.
(Ord.
No. 87.24, 1-14-88)
Sec.
7-43. Sales.
(a) In the event that the owner of an abandoned
bicycle cannot be found or does not claim such bicycle, the chief of police
shall proceed to sell such bicycle at public auction; and such sale shall be
held in the manner set forth in this chapter.
However, the finder of such bicycle shall be notified prior to the
auction and allowed to make claim to said bicycle.
(b) From
time to time the city council may decide to exempt certain bicycles from the above
sale procedure and give such exempted bicycles to nonprofit organizations, as
approved by the city council, for disbursement.
The nonprofit organizations shall request the bicycles in writing
directed to the city council. The
organization shall provide a specific statement as to the proposed use of the
bicycles in its request.
(Ord.
No. 87.24, 1-14-88)
Sec.
7-44. Notice of sale.
After no less than twenty (20) days
from the date of the taking of possession of an abandoned bicycle, the police
department shall publish in the official newspaper of the city a notice of sale
of such bicycle and shall post a copy of such notice in three (3) public places
in the city. A copy of such notice shall
be mailed to the owner, if known, at his last known address. This copy may be mailed by ordinary
mail. Such notice shall be published,
posted and mailed at least thirty (30) days before the date of the sale. Such notice shall contain a brief description
of the bicycle, if known; its number, if known; and its last registration
number, if known; and shall also state the hour, date and place of sale and the
place where the bicycle may be seen.
(Ord.
No. 87.24, 1-14-88; Ord. No. 97.09, 2-13-97)
Sec.
7-45. Auction, disposition of funds.
The
sale shall be a public auction to the highest bidder for cash, but in no event
shall any bicycle be sold to any person for less than the cost of advertising
and sale. All money received from such
sale over and above the cost of advertising and sale shall be paid over to the
financial services manager and retained in a separate fund for at least six (6)
months. Upon the expiration of such
time, unless sooner claimed as provided in this article, such money shall be
paid over into the general fund.
(Ord.
No. 87.24, 1-14-88; Ord. No. 2001.17, 7-26-01)
Sec.
7-46. Claimants.
Should any person, within six (6)
months after the date of the sale of a bicycle, make claim to such bicycle,
such sum of money as may be in the hands of the city financial services
manager, less the sales and advertising costs which has been derived from the
sale, shall be paid over to such claimant upon proof of his right to receive
the same. In no event shall any claim be
considered unless it is presented to the financial services manager, in
writing, under oath, and before the expiration of six (6) months from the date
of the sale.
(Ord.
No. 87.24, 1-14-88; Ord. No. 2001.17, 7-26-01)
Sec.
7-47. Certificates of sale.
On
delivery to any purchaser of any bicycle sold under the provisions of this
chapter, the chief of police shall execute to such purchaser a certificate of
sale of such bicycle, which certificate shall describe the bicycle in the same
manner as in the advertisement of sale and shall recite the date of possession
of the police department and the date of sale.
Such certificate shall pass the title to the bicycle to the purchaser.
(Ord.
No. 87.24, 1-14-88)
Secs.
7-48—7-50. Reserved.
ARTICLE
V. OPERATION
Sec.
7-51. Parking of bicycles.
No person shall park a bicycle upon a
bikeway, or upon the sidewalk, except in such manner as to afford the least
obstruction to pedestrians and bicycles.
(Ord.
No. 87.24, 1-14-88)
Sec.
7-52. Riding on sidewalks or bicycle
lanes.
(a) The
city traffic engineer is authorized to erect or place signs on any sidewalk or
roadway, prohibiting the riding of bicycle thereon by any person; and when such
signs are in place no person shall disobey same.
(b) Whenever
any person is riding a bicycle upon a sidewalk, such person shall yield the
right-of-way to any pedestrian and should give audible signal before overtaking
and passing such pedestrian.
(c) No
person shall ride or operate a bicycle in any direction except that permitted
by vehicular traffic on the same side of the roadway where the sidewalk or
bicycle lane exists; provided, that bicycles may proceed either way where signs
or pavement markings on the sidewalk, bikeway or bicycle lane appear
designating two-way traffic.
(d) Any
person riding a bicycle on a bikeway, sidewalk or bicycle path that is about to
enter or cross a roadway shall yield the right-of-way to all traffic on such
roadway. (Ord. No. 87.24, 1-14-88)
Sec.
7-53. Driving vehicles across sidewalks.
No person shall drive a vehicle upon or
across a sidewalk except to enter or leave the roadway and only after giving
the right-of-way to all bicycles or pedestrians lawfully upon the sidewalk.
(Ord.
No. 87.24, 1-14-88)
Sec.
7-54. Bikeways—establishment and signs.
The city traffic engineer is authorized
to erect or place signs upon any street in the city indicating the existence of
a bikeway and otherwise regulating the operation and use of vehicles and
bicycles with respect thereto, so long as the same are consistent with this
chapter. When such signs are in place, no person shall disobey the same.
(Ord.
No. 87.24, 1-14-88)
Sec.
7-55. Pedal bicycle with helper motors
(mopeds).
(a) Upon
a roadway where motor vehicles are permitted, a person may drive a moped in any
lane designated for use of bicycles.
(b) Pedal
bicycles with helper motors shall be prohibited on bicycle paths, trails and on
sidewalks designated for use by nonmotorized pedal bicycles, except when
propelled by human power with helper motor disengaged.
(Ord.
No. 87.24, 1-14-88)
Secs.
7-56—7-60. Reserved.
ARTICLE
VI. BICYCLE ADVISORY COMMITTEE
Sec. 7-61. Repealed.
(Ord.
No. 88.05, 2-11-88; Ord. No. 91.22, 6-27-91; Ord. No. 2004.52, 12-9-04)
Sec. 7-62. Repealed.
(Ord. No. 88.05, 2-11-88; Ord. No. 91.22,
6-27-91; Ord. No. 2004.52, 12-9-04)
Sec. 7-63. Repealed.
(Ord.
No. 88.05, 2-11-88; Ord. No. 91.22, 6-27-91; Ord. No. 2001.17, 7-26-01; Ord.
No. 2004.52, 12-9-04)
Sec. 7-64. Repealed.
(Ord.
No. 88.05, 2-11-88; Ord. No. 91.22, 6-27-91; Ord. No. 2004.52, 12-9-04)
Sec. 7-65. Repealed.
(Ord.
No. 88.05, 2-11-88; Ord. No. 91.22, 6-27-91; Ord. No. 2001.17, 7-26-01; Ord.
No. 2004.52, 12-9-04)
Editor’s note—See transportation commission,
§§ 2-245—2-250. Provisions of the bicycle advisory committee
were incorporated into a single advisory board to plan balanced transportation
systems.