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HomeMy WebLinkAboutBicycle Registration OrdinanceORDINANCE No. 3.3 i,2 Passed by the Common Council of the City of South Bend, Indiana U Z� Attest— / �'� � r City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Approved and signed by AW07 Clerk �� t• c BICYCLE IrEGISTRdTION ORDIMWCE a_4 AN ORDIILLNCE LICENSING AND PROVIDING FOR :,STD RTQUIRING RuGISTR MON OF BICYCLES BY THB OFMEIZS TILRDOF IN TIC CITY OF SOUTH BDITD, AND REGULATING THB- RIDING AIM OPi.RAT ISSG OF SUCH BICYCLES, i.ND PROVIDING PET14LTIDS FOR TIM VIOIuLTION TF2REOF, aND PROVID- ING FOR TIM REPEAL OF CI L IN. ORDINaNCOS I11COI"SISTENT 11CMUGdITH. ARTICLE I Definition of words and phrases, The following, words and phrases when used in this Ordinance shall, for the purpose of this Ordinance, havo the neanings respectively ascribod to then in this article. Sec. 1. BICYCLL. The term bicycle shall mean_ and include a light vehicle with two tandem •,vheels, neither of which shall be less than tr,renty (20) inches in diary etor, Trith solid or pnounetic tires, havirg a stoerin., apparatus and a saddle seat or seats, and propelled by the foot, acting on treadlos connected with cranks or levers. ` Sec. 2. CITY CO "TALL:,!R. The words "City Controller" as used hcroi:., shall be I decried to Wean the City Controller of tho City of South Bend, or any person or per- sons desiCnatod by the City Controller to act in his p�aco and stoad in carrying out the provisions of this Ordinance. i Sec. 3. CHIEF OF POLICD. Tito ,,ords "Chief of Police ", as used herein, shall be deoned to Wean the Chief of Police of the City of South Dead, or any menber of the Police Departnont of the City of South Bend, designated by the Chief .of Police to act in his place and stead in carryin;; out the provisions of this Ordinance. Sec. 4. R:INTAL 21GENCY. ,my perso_, fire, copartnership, association or corpor- ation engaged in the business of offering; for rental or rontinS bicycles for use by ire public. Sec. 5. PERSON. Every natural person, firn copartnership, association, or cor- poration. Spc. Go B CY LIST* lrory ycrscn Trh; rides or is is ACtu" playa"" control of .1 biayelg. Sec. 7. PTD:.STRL'il1. Lny person afoot. Sec. S. POLICE OF.FICTR. Every officer of the nunicipal police dopartncnt or any officer authorized to direct or robulatc traffic or to make arrests for violations of traffic regulations. Sec. 9, TRiiFFIC. Pedestrians, ridden or herded animals, vehicles, bicycles, street cars end other conveyances either singly or together while using any street for purposes of travel. Sec. 10. RIGHT -OF -MAY. The privilege of the irmediato use of highway. L See. 11. STOP. When required means conpleto ces� ation of movenent. Sec. 12. PARK. The standing of a bicycle, whether occupied or not. ill ,. 1 .. i i Sac. 13. STREET OR IIIQBIAY. The entire width between property lines of every wa.y or place of whatever nature wbon any part 'thereof is open to the use of the public, and pedestrian as a matter of right, for purpose of vchicula;,traffic. Sec. 14, PRIVATE ROAD OR DRIVEWAY. Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permis- sion from the owner, but not by other persons. Sec. 15. ROADRAY. That portion of a street improved, designed, or ordinarily used for vehicular travel. Sec. 16. SIDEWALK. That portion of a street between the curb lines, or the lot- oral line of a roadway, and the adjacent property lines intended for the use of pedestrians. Sec., 17. ALLEYi A narrow passage or ,ray in a city, which serves rear entrances to property. See. 18 INTERSECTION. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. Sec. 19. CROS9WALIi.(a) That portion of a roadway ordinarily included within the prolongation or connection of tho lateral lines of sidewalks at intersections. (b) Any portion of a roadway distinctly indicated for pedes- trian crossing by lines or other markings on the surface. Sec. 20. OFFICI.IL TP -2FIC CONTROL DEVICES. All signs, signals, markings and de- vices not inconsistent with the traffic law, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warn- ing, or guiding traffic. ARTICLE II Sec. 1 REQUIRED.From and after hArch 1, 1940, it shall be unlawful for any per- son to operate or use a bicycle upon any of the streets, alleys, or public high- ways of the City of South Bend, without first obtaining Won. the City Conlrol_e a license therefor. Sec. 2 PROCEDURE.The City Controller- is hereby authorized and directed to issue upon written application, and approval by the Chief of Police, bicycle licenses which shall be effective for one year and all such licenses shall be dated March lst of the year of issue. - 2 . Sec.. 3. LICENSE PL.iTLS.. The City Cem::;roller shall provide each year metallic license pletos, together with registration cards, said metallic license plates and registration c %rds bearing consecutive numbers or combinations of letters with such nwnbers, and indicating the year for which the same arc issued and the name "South Pend" and the nuTao "Dicycic" stamped thereon; the license plate to be of such size and design as to be readily logible for a distance of fifty fact. Such license plates must be ieept clean, and shall be attached in a cl.oar, unobstructed location on the rear of such bicycle. Such plate shall rem--:in attached in such position dur- ing the life of such license. The City C -vLroller shall also keop a record of the dato of issue of each license, to yri.om issued, the number thereof, and the nurabor of the bicircic frame. The rogistra;;ion card issued to the individual shell be filed in the Office of the City darn roller Por safe keeping under the orior's name. The dun - licate shall be fo marded to the Police Department to be filed numorically according to bicycle frame number. ' Sec._ 4. i2L -F GISTii.1TI0PI. Bicycles rcJstorod urdor the provisions hereof shall be re- registered on or before ,,arch 1, 1941 and on or before the first day of 1.1rch of each succeeding year thereafter. Sec.. 5. INUECTION. The Chief of Police, or his authorized rent, shall inspoct each bicycle previous to annual registration, and he shall have the authority to re- fuse to approve any such bicycle found by him to bo not properly equipped or in un- safe mechanical condition. Sec. 6. -FILL: , S'L L L :^•:u ?'E3S. It shell be unla..ful for any person to :willfully or maliciously remove, destroy, mutilate or alter the mmioers of any bicycle frame licensed pursuant to this Ordinance. It sl_all bo uu:lmiful for any person to remcvc, destroy, mutilato or .,lter any license plate, or registration card during the time in ;which such .license plate or registration card is in force. Provided, ha:rovcr, that nothing in this Orciinoscc shall prohibit the Chief of Police from stamping, in distinguishing manner, numbers on the fr:mcs cf bicycles or. which no serial number can be found, or on which said runbcrs arc illo�iIblc or insufficient for idcrtifica- tion purposes. See. 7, II.P:OP PLLMS. It shall be unlawful for any person to operato a. bicycle on tho streets or highways of this city with a license plate that has not been issued _or said bicycle. Sec. 8. FEES. The first annual license fee to be paid for each bicycle shall be 10¢, and each annual ronortal thereof shall be 10¢. ;111 license fees shall be paid in advance to the City OL1,: roller at the time of registration. Upon loss of any license, and upon applicaticm and satisfactory evidence of such loss, a r_ovr license shall be issued upon the payment of a fee of 10X,. TILINSFER OF LICENSES. Sec. 9. IPiDIVIDUAIS. It shall be the duty of every porson who sells or trans- fors oemership of ang, bicycle to report such sale or transfer within ten days thereafter by returning to the City Controller- the license plate issued to such person as licensee thereof, together with the name and address of the person to whom said bicycle was sold or transferred. It shall be the duty of the purchaser or transforec of such bicycle to apply for a -transfer of registration: thereof and a new bicycle license within ton days of said sale or transfer. Sec. 10. DEaLl'S. ;.11 persons engaged in the business of buying second -hand bicycles arc hereby required to make a•woekly report to the Chief of Police giving the name and address of the person from whom each bicycle is purchased, the do- scription of each bicycle purchased, the frcmc nunbor thereof, and the number of the metallic license plate found thcrcon, if any. All persons cngagod in the business of selling now a d second -hand bicycles arc hereby required to make a meekly report to the Chief of Police, giving a. list of all sales made by such dealers, which list shall include the name and address of each person to vihorm sold, the kind of bicycle sold, together -with a doscription and framc number thereof, and the number of the metallic license Plato attached thereto, if any. RENT.iL AGEPCIES. Sec. 11. SUPERVISION. It shall be tho duty of the Chief of Police to make ocr- iodic inspections of bicycles offered for rental by all persons engaged in the bus- iness of renting bicycles to the public; and all persons so engaged in the busi- ness of renting bicycles shall be responsible for the condition of all bicycles offered for rental by thorm, and also shall be respor_siblo for equipping said bi- cycles with proper lights and other safety equipment as required by lair. Rental agencies shall conform in all respects with all of tho provisions of this Ordi� nance. Sec. 12. IIIPOUTMING OF BICYCLES. If any bicycle is found upon any public street, highway, or alley of the City without a license plate, or with a rmutilated frame number, it shall be _;r`Vno, folc evidence that said bicycle is being operated on the streets and highways of the City vrithout having been registered. Said bicycle shall be irmediately impounded by any member of the police department and shall only be surrendered to the ouner thereof upon proof of ovmership satisfactory to the Chief of Police, payment of the license registration fee herein provided and of payment of the fees hereinafter provided. - 4 - (1) Impounding .. ................$.50 (2) For each additional day of storage after the first 24 hrs.$p.10 At the expiration of six months after such impounding, each bicycle which has not been claimed shall be sold at public auction in accordance with the laws of the State of Indiana. ARTICLE III Sec. 1.CONDITIONS OF LICENSE. Every license issued hereunder shall be deemed to be granted subject to the following conditions: Sec. 2 DUTY TO OBSEriVE ALL TR?.r ^IC TLEGUliLTIONS. Every person operating a bicy- cle upon any street, highway or alley in the City of South Bend, shall comply with all traffic signs and signals erected for vehicular traffic and with all laws and regulations applicable to the operation of vehicles upon the streets and highways, —_except such provisions which by their very nature can have no applications. .,ec. 3 RID " ON SIDEIuALKS. (a) No bicyclist shall operate a bicycle on any (a),it_sha sidewa) she City of South Dend. Provided however, that it shall resides 1 o_pedsleem_e4 be `his ordinance for a child under twelve (12) years of and pa; IV pe 9sty buo @ ms. Zar�F.yZgge twenty-four (24) inches in diameter or less (b) uilp' eYaOSS_ -h rQ�- �ble _ �i; interfere with pedestrian traffic. r z4t. of s ��s�• e �0 6`4y, o0� "� . 1 e 8 sr�gA y �o m d e �a�AA j i g�_1?1b e j R. roadway Le b� vL A ho e re official al regulatory er- Aaso rr APe 0 40 oo o 01" g bicycle upon any street, t pi ok1 y Q .1 highva; ,r A*" P,.j 45 Op-, - ^le with due re- k streets Bard to hi s mb and highways of the o -oss- s11 � ea 011 walks. OA a " e b 4 a . .s q Q 'b � Sec. 5. 1GCFLivCil CO.DIT1 '; °$ 1s . bicycle upon any street or highway �h@ eo sl - *'Zcrb@ i 0q V and proper brakes or is otherwise in unsa :f q� e s o1 a� 40. IP6 ZQ� oA Sec. 6. SPEED. No bicycle shall be ridden fL.. �d _ ...: _:.roper, and every bicycle shall be operated with reasonable rez of the he' operator and other persons upon the streets and other public City. Sec. 7. KEEP TO RIGHT. All bicycles when driven on roadvrays, o: 1 keep to the right and shall be driven as nearly as is practicable to the right hand edge of that roadway. Sec. 8. TRICK ITIDING PROIIIBITED. It shall be unlawful for any person to engage in trick riding, or to operate any bicycle upon the streets and highways of the City without maintaining full control of such bicycle, by keeping both hands upon the handle grips thereof except when necessary to give the required hand signal of intention to change the course of such bicycle. gee. 9 PARKING BICYCLES. Bicycles shall not at any time in any place be ir�di- Ar rifnateQ parked by anyone along buildings, or in such a manner as to interfere with pedestrian traffic or persons getting in or out of automobiles, If in any business or commercial district or area, or adjacent to any public buildings or in- stitutions, official parking zones or spaces are designated, then it shall be un- lawful to park bicycles in any such district or areas, except in such officially designated parking zones, Sec. 10. INTERFERING eIITH PARKED BICYCLES. Be person shall move or in any manner interfere with any bicycle which is properly parked as required by this article, nor shall any person interfere or in any manner hinder any person from parking a bicycle in the manner provided in this article, except that members of the Police Department of"Pire Department .may move or in proper cases prevent the parking of any bicycle in the manner herein provided when in the judgment of such policeman or fireman such action is necessary in order to properly safeguard persons or property. ARTICLE IV Sec. 1 AUTHORITY TO REVOKE OR SUSPEND LICENSES W I.POUND BICYCLES. 17henever any bicycle shall be operated by any minor under the age of 16 years in violation of any of the provisions of article III of this Ordinance, or for the vi- olation of any of the Indiana State Vehicle and Traffic Laws, or the Traffic Ordi- nances of the City of South Bend, as they relate to street traffic insofar as the same are applicable, such bicycle may be seized by any member of the Police Depart - went and impounded. Such bicycle so impounded shall be surrendered to the parent or guardian of such minor without charge after a full explanation to such parent or guardian of the reason for the impounding of such bicycle. The City Controller is hereby empowered to suspend or revoke for not more than six months the license of such impounded bicycle issued under the provisions of this Ordinance. A complete ,word of each such impounding and suspension, or revocation of license shall be kept in the office of the City Controller, a copy of same to be forwarded to the Police Department. In the event any minor under the ago of 16 while riding on any registered bicycle other than his own, shall violate any provisions of this Ordinan- M as above designatod, or any provisions of the Traffic Ordinances of this City, >r the State of Indiana, applicable to the operation of iho bicycle, then in that :vent the owner of such bicycle shall be held responsible for the illegal operation >f same, and the license and registration of such bicycle shall be subject to revo- ation as herein provided. Sec. 2 PENALTY. Any person violating any provision of this Act shall be fined any sum not exceeding 025.00, or by having his license revoked as herein provided r both such fine and revocation of license. Sec. 3. SAVING CLAUSE. If any section, provision or clause of this Ordinance Mall be declared invalid, the provisions of the Ordinance not otherwise invalid _ g _ shall not be thereby affected. Sec. 4 REPEAL OF COiTFLICTING ORDI1,i1 CES. :?ny ordinances or parts of ordinances in conflict herewith are hereby repealed. Sec. 5. ORDITTI ;0CE IST FORCE. This Ordinance shall be in full force and effect from and after its passage and legal publication. — 7 — Moo PAN= IaP14 2nd READING 11113PI OOMMITTEE OF THE 3�i / ( p PUBLIC HEARING ///1'/,3 / a % �/3 / / 3rd READING %/ g/� 0 NOT A:'PROYED a PASSED i�� -� 'I i