Title VII: Traffic Code

 

Chapter 70: General Provisions

§70.01 Title

Chapters 70, 71, and 72 of this Code of Ordinances may be cited as the Hermiston Traffic Code.

(Ord. 1759, passed 3-23-92; Am. Ord. 2050, passed 12-10-01)

§70.02 Definitions

The definitions contained in the Motor Vehicle Laws of Oregon shall be used where applicable in this traffic code. Except where the context clearly indicates or requires a different meaning, the definitions contained in the Motor Vehicle Laws of Oregon shall be used where applicable in this traffic code.

(Ord. 1759, passed 3-23-92)

Statutory reference:

Oregon Motor Vehicle Code, see ORS Chs.801 through 823

§70.03 Powers of City Council as to Traffic Authority

Subject to state laws, the City Council shall exercise all local traffic authority for the city except those powers expressly delegated by this traffic code or another ordinance.  The powers of the City Council include, but are not limited to:

(A) The parking and standing of vehicles by:

(1) Classifying portions of streets upon which either parking or standing or both shall be prohibited, or prohibited during certain hours.

(2) Establishing the time limit for legal parking in limited parking areas.

(3) Designating the angle of parking if other than parallel to the curb.

(4) Designating city owned or leased property on which public parking will be permitted.

(B) Through streets and one‑way streets.

(C) For trucks exceeding specified weights, streets to which they shall be restricted and streets on which they are prohibited.

(D) Traffic‑control signals and the time of their duration.

(E) Bus stops, bus stands, taxicab stands and stands for other passenger common‑carrier vehicles.

(F) Loading zones.

(G) Turn regulations at intersections and driveways.

(H) Marked pedestrian crosswalks and safety zones.

(I) Special speed regulations in city parks.

(J) Parking regulations.
 

(Ord. 1759, passed 3-23-92; Am. Ord. 2072, passed 7-28-03)

§70.04 Authority of Police and Fire Officers

(A) It shall be the duty of the Police Department through its officers to enforce the provisions of this traffic code.

(B) In the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of this traffic code.

(C)Members of the Fire Department, when at the scene of a fire, or other public emergency may direct or assist the police in directing traffic thereat or in the immediate vicinity.

(Ord. 1759, passed 3-23-92)

§70.05 Application of Provisions to Emergency Vehicles

The provisions of this traffic code regulating the operation, parking and standing of vehicles shall apply to authorized emergency vehicles except as provided by the Motor Vehicle Laws of Oregon, and as follows:

(A) A driver, when operating such vehicle in an emergency, except when otherwise directed by a police officer or other authorized person, may park or stand notwithstanding the provisions of this traffic code.

(B) A driver of a police or fire department vehicle, when operating such vehicle in an emergency, may disregard regulations governing turning in specified directions as long as he does not endanger life or property.

(C) The foregoing exemptions shall not, however, protect the driver of any such vehicle from the consequences of his reckless disregard of the safety of others.

(Ord. 1759, passed 3-23-92)

Statutory reference:

Oregon Motor Vehicle Code, see ORS Chs. 801 through 823

§70.06 Illegal Cancellation of Traffic Citations

It shall be unlawful for any person to cancel or solicit the cancellation of any traffic citation in any manner except where approved by the municipal judge except through appropriate legal proceedings.

(Ord. 1759, passed 3-23-92)

§70.07 Seizure and Impoundment of Motor Vehicles

(A)  Oregon Revised Statutes 809.720 authorizes a police officer who has probable cause to believe that a person, at or just prior to the time the police officer stops the person, has committed an offense described in this division (A) may, without prior notice, order the vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by a hearings officer. This division (A) applies to the following offenses:

(1) Driving while suspended or revoked in violation of ORS 811.175 or 811.182.

(2) Driving while under the influence of intoxicants in violation of ORS 813.010.

(3) Operating without driving privileges or in violation of license restrictions in violation of ORS 807.010.

(4) Driving uninsured in violation of ORS 806.010.

(B) Community caretaking considerations: Vehicles are not to be towed and/or impounded under the authority of ORS 809.720 under any of the following circumstances:

(1) The vehicle is parked on private property on which the registered owner or operator is legally residing, or the property owner does not object to the vehicle being left in the parked location.

(2) The registered owner and/or a passenger present in the vehicle at the time of the stop have a valid driver's license and are willing and legally able to drive the vehicle at the time.

(3) The vehicle is legally parked at a time and place where the likelihood of it being subject to theft and/or vandalism is remote and traffic or public safety is not impeded.

(C) All impoundment proceedings pursuant to this section shall be done in accordance with ORS 809.716, 809.725, and 819.180 and as supplemented below:

(1) All vehicles towed and impounded shall be by a licensed tow company under contract with the city to a storage site operated by the towing company.

(2) The owner of the impounded vehicle, or the owner's authorized agent, may reclaim such vehicle upon providing proof of ownership, proof of compliance with the financial responsibility laws of the Oregon Motor Vehicle Code and the payment of a towing bill, an impound fee and storage fees on a per‑day basis commencing with the date of impoundment, all as established by resolution of the City Council.

(3) If the vehicle is not reclaimed within 30 days from the date of impoundment, then such vehicle shall be disposed of by the towing‑storage company under contract with the city as authorized by state law for the disposition of unclaimed vehicles.

(4) The City Manager shall adopt a procedure for a hearing to be held before the City Manager, or his or her designee, as hearings officer.

A person entitled to lawful possession of such vehicle may request a hearing to contest the validity of the impoundment of the vehicle by filing a written request at City Hall for such hearing. The hearing must be requested within ten days of when the vehicle was impounded. The City Manager, or his or her designee, shall set a time for hearing the request within ten days after a written request for a hearing is filed with the city. All reasons in division (A) of this section for impounding the motor vehicle may be raised at the hearing and any notice of the reason for impound may be amended to conform to the evidence. (Ord. 1883, passed 6-12-95; Am. Ord. 2082, passed 4-12-04; Am. Ord. 2158, passed 7-13-09)

§70.99 Penalty

Anyone who violates any provision Violations of this traffic code, where no specific penalty is otherwise provided, commits a Class A violation shall be punished as provided in §10.99. The municipal court may issue a minimum bail schedule for all offenses contained in this traffic code. Each day any violation described in this traffic code continues shall be treated as a separate offense. Violation of a provision of this traffic code which is identical to state law shall be punishable by a fine not to exceed the penalty prescribed by the state statute.

(Ord. 1759, passed 3-23-92; Am. Ord. 1976, passed 10-26-98)

Chapter 71: Traffic Rules

Cross-reference:
Killing or injuring animals with vehicle, see 90.03

§71.01 Permits Required for Parades

No procession or parade, except a funeral procession, the forces of the United States Armed Forces and the military forces of this state, shall occupy, march or proceed along any street except in accordance with a permit issued by the Chief of Police. Such permit may be granted where it is found that such parade is not to be held for any unlawful purpose and will not in any manner tend to a breach of the peace, cause damage or unreasonably interfere with the public use of the streets, or the peace and quiet of the inhabitants of this city.

(Ord. 1759, passed 3-23-92)

§71.02 Funeral Processions

(A) Vehicles in a funeral procession shall be escorted by at least one person authorized by the Chief of Police to direct traffic for such purposes and shall follow routes established by the Chief of Police.

(B) Except when approaching a left turn, each driver in a funeral or other procession shall drive along the right-hand traffic lane and shall follow the vehicle ahead as closely as is practical and safe.

(C) No driver of a vehicle shall cross through a procession except where traffic is controlled by traffic-control signals or when so directed by a police officer. This provision shall not apply to authorized emergency vehicles.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§71.03 Use of Toy Vehicles, Skis and the Like

(A) No person upon roller skates, or riding in or by means of any coaster, toy vehicle, skateboard or similar device shall go upon any sidewalk on East Main street from First to Third and in the east-west alleys between Main Street and Gladys Avenue and between Main Street and Hurlburt Avenue from First to Third streets and also on any sidewalk on West Hermiston Avenue from North First Place to West Second Street or upon any street except a play street or except to cross at a crosswalk.

(B) No person on skis, toboggans, sleds or similar devices shall travel on any street, except play streets.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§71.04 Pedestrians Must Use Crosswalks

If marked crosswalks are provided, no pedestrian may cross a street other than within a crosswalk if within 150 feet of a marked crosswalk.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§71.05 Jacob's Brakes

The operation of compression brakes, commonly known as “Jacob's Brakes,” within the city is hereby prohibited when use of such device causes additional noise levels of the vehicle.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§71.06 Operating Trucks Over City Streets

It shall be unlawful to operate any truck over 30 feet in total length or any truck and trailer or truck and semitrailer combination upon any public street within the city unless such street has been designated as a truck route. However, these vehicles may use public streets for the specific business purpose of picking up, discharging and delivering goods and property at any business establishment or residence located on other than a designated truck route.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§71.07 Driving on Sidewalks

(A) The driver of a vehicle shall not drive upon or within any sidewalk or parkway area except to cross at a permanent or temporary driveway.

(B) A temporary driveway may be used only after first obtaining a written permit therefor from the superintendent of public works who may impose such requirements as are necessary to protect the public improvements within the streets at the temporary driveway.

(C) Any person who damages or causes to be damaged any public improvements within the street by driving a vehicle upon or within any sidewalk or parkway area shall be liable for such damage, regardless of whether or not the damage resulted from the authorized use of a temporary driveway.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§71.08 Removing Glass and Debris

Any party to a collision or other vehicle accident or any other person causing glass or other material or substance likely to injure any person, animal or vehicle to be upon any street in this city shall as soon as possible remove or cause to be removed from such street all such glass or other material or substance.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§71.09 Crossing Private Property

No operator of a motor vehicle shall proceed from one street to an intersecting street by crossing private property or premises open to the public. This provision does not apply to the operator of a motor vehicle who stops on the property to procure or provide goods or services.

(Ord. 1949, passed 3-9-98) Penalty, see 70.99

Chapter 72: Parking Regulations

 

§72.01 Unlawful Marking

Except as provided by this traffic code, it shall be unlawful for any person to letter, mark or paint in any manner any letters, marks or signs on any sidewalk, curb or other portion of the street, or to post anything designed or intended to prohibit or restrict parking on any street.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§72.02 Method of Parking

(A) No person shall stand or park a vehicle in a street or public lot other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement, and with the curbside wheels of the vehicle within 12 inches of the edge of the curb, except where the street is marked or signed for angle parking.

(B) Where parking space markings are placed on a street, no person shall stand or park a vehicle other than at the indicated direction and within a single marked space.

(C) Whenever the owner or driver of a vehicle discovers that such vehicle is parked immediately in front of or close to a building to which the Fire Department has been summoned, he or she shall immediately remove such vehicle from the area unless otherwise directed by police or fire officers.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§72.03 Parking Prohibited in Certain Locations

In addition to provisions of the Motor Vehicle Laws of Oregon prohibiting parking, no person shall park a vehicle:

(A) Upon any bridge, viaduct or other elevated structure used as a street, unless otherwise indicated by lawfully installed signs.

(B) In any alley except to load or unload persons or materials not to exceed 30 minutes.

(C) Upon any street or public property for the principal purpose of:

(1) Displaying such vehicle for sale.

(2) Greasing or repairing such vehicle except repairs necessitated by an emergency.

(3) Selling merchandise from such vehicle except in a duly established marketplace or when so authorized or licensed under the ordinances of this city.

(4) Storage or as junkage or dead storage for more than 72 consecutive hours.

(D) Upon any parkway except where specifically authorized.

(E) In front of a public or private drive.

(F) Within ten feet of a fire hydrant.

(G) Within 15 feet of the driveway entrance of a fire station.

(H) Not within the single space markings of city owned or leased property upon which public parking is permitted unless the size or shape of the vehicle makes compliance impossible.

(I) In a space reserved for disabled persons which would constitute a violation of ORS 811.615.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

Statutory reference:

Oregon Motor Vehicle Code, see ORS Chs. 801 through 823

§72.04 Parking in Loading Zones

(A) No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials, freight or passengers in any place designated as a loading zone during the hours when the provisions applicable to loading zones are in effect. In no case shall the stop in a loading zone for loading and unloading of passengers and personal baggage exceed 30 minutes, nor the loading or unloading of materials exceed 30 minutes.

(B) No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious loading or unloading of passengers in any place designated as a passenger loading zone during the hours when the provisions applicable to passenger loading zones are in effect.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§72.05 Standing or Parking Buses and Taxicabs

(A) The driver of a bus or taxicab shall not stand or park such vehicle upon any street in any business district at any place other than at a bus stand or taxicab stand, respectively, except that this provision shall not prevent the driver of any taxicab from temporarily stopping for the purpose of and while actually engaged in the loading or unloading of passengers.

(B) No person shall stop, stand or park a vehicle other than a bus in a bus stand or other than a taxicab in a taxicab stand, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any bus or taxicab about to enter or using such zone.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§72.06 Storage and Parking of Trucks, Trailers and the Like

(A) It shall be unlawful for any person, firm or corporation owning or having control of any truck or trailer in excess of 10,000 pounds gross weight or any truck power unit or tractor to park the same upon any street, alley, parking strip, avenue or public way in any residential area of the city or adjacent to any residence, church, school, hospital, multiple dwelling, park or playground in any area of the city. The provisions of this section shall not be deemed to prohibit the lawful parking of such equipment upon any street, avenue or public way in the city for the actual loading or unloading of goods, wares or merchandise; provided, however, that “loading” or “unloading” as used in this section shall be limited to the actual time consumed in such operation. In addition thereto, the provisions of this section shall not be deemed to prohibit minor repairs on any such vehicles described above wherein total lapsed time in making such repairs does not exceed eight hours duration. The parking of any equipment under authority of this section shall in no event be within 20 feet of the intersection of property lines at any intersection, except alleys. Any vehicle mentioned in this section parked upon any street, avenue parking strip or public way within the city in violation of this section may be towed and impounded. The registered owner or operator shall be liable for all expenses incurred.

(B) It shall be unlawful for any person, firm or corporation owning or having control of any bus or a vacation house trailer, camper, boat and/or boat trailer, motor home, tent trailer, utility trailer or any motorized or unmotorized vehicle undergoing repairs while incapable of being moved by its own power source to park the same upon any streets or on any parking strip, avenue or public way within the city for longer than 72 hours.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§72.07 Obstructing Streets

Except as provided by this traffic code or any other ordinance of the city, no person shall place, park, deposit or leave upon any street or other public way, sidewalk or curb any article or thing or material which in any way prevents, interrupts or obstructs the free passage of pedestrian or vehicular traffic, or obstructs a driver's view of traffic-control signs and signals.

(Ord. 1759, passed 3-23-92) Penalty, see 70.99

§72.08 Exemption for Certain Vehicles

The provisions of this traffic code regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work on the street or any vehicle owned by the United states while in use for the collection, transportation or delivery of United States mail.

(Ord. 1759, passed 3-23-92)

§72.09 Parking and Using Recreational Vehicles for Sleeping or Living Purposes Outside Recreational Vehicle Parks

(A) Recreation Vehicle means a vehicle with or without motive power, which is designed for human occupancy and is to be used temporarily for recreational, seasonal, or emergency purposes.

(B) Except in a recreational vehicle park, it shall be unlawful to park any recreational vehicle on any public way, road, street, or place within the city while using it for sleeping or living purposes for any period of time exceeding three hours except in residential neighborhoods where the period of time will not exceed 24 hours.

(C) Except in a recreational vehicle park, it shall be unlawful to park any recreational vehicle within the city while using it for sleeping or living purposes for any period of time exceeding seven days within the last six months.

(D) This section provides an exemption from §72.09(C) for the construction, reconstruction, or remodeling of a public or private nonprofit social service, community, religious, or recreational facility (hereinafter referred to as "project"). Recreational vehicles may be parked for sleeping or living purposes at or near the project in excess of seven days in conjunction with a project until the completion of the project or six months, whichever is less, provided that the following requirements are met:

(1) The property owner and the person or agent in charge of the project, if the two are different, submit a complete application for the exemption permit together with a basic site plan (scale drawing not necessary); written consent to the parking of recreational vehicles for sleeping or living purposes at or near the project from all adjacent property owners and residents to the project site; and allow access by city officials to the project site and the location of the recreational vehicles for the purposes of inspection and enforcement of the terms and conditions of the permit, including towing of the recreational vehicles and removal of temporary sewer and water service connections, whether or not the permit has expired.

(2) The exemption permit must be issued to the property owner and the person or agent in charge of the project, if the two are different, before the recreational vehicles are used for sleeping or living purposes in conjunction with the project.

(3) Before a recreational vehicle is used for sleeping or living purposes in conjunction with a project, the owner(s) and/or occupant(s) of the recreational vehicle must sign a release allowing access to and towing of the recreational vehicle for purposes of inspection and enforcement of the terms and conditions of the exemption permit.

(4) Recreational vehicles used for sleeping and living purposes in conjunction with a project must be parked at the location indicated in the exemption permit. Upon expiration of the exemption permit, all recreational vehicles must be removed from the project site, whether they are used for sleeping or living purposes or not.

(5) The recreational vehicles must either be self contained, with all grey water and/or sewage disposed of at an appropriate disposal location in accordance with state regulations or be connected to a temporary connection for city sewer.

(6) If temporary connections for city sewer and water service are used, they must be installed in accordance with all applicable state codes and city regulations at the expense of the property owner and/or the person or agent in charge of the project. All temporary connections must be removed upon expiration of the exemption permit. (SDC charges will not be assessed on the temporary connections.)

(7) The recreational vehicles must meet all requirements of the Hermiston Code of Ordinances.

(E) The City Manager or his/her designee is hereby delegated the general authority to issue the exemption permits authorized herein, including the preparation of the forms for the applications and permits, and the terms and conditions thereof.

(F) The maximum number of permits that may be issued under 72.09(D) is for six recreational vehicles.

(G) A person commits the offense of "Filing a False Application for an RV Parking Permit" if the application contains false information. The offense described in this section is a Class A violation. In addition, the exemption permit may be immediately revoked at the discretion of the City Manager or his/her designee.

(H) A person commits the offense of "Violating an RV Parking Exemption Permit" if the property owner or person in charge of the project, or any agent thereof, or any person using the recreational vehicles violates the terms of the exemption permit or any provisions of 72.09 herein. The offense described in this section is a Class A violation. In addition, the exemption permit may be immediately revoked at the discretion of the City Manager or his/her designee.

(I) Upon completion of the project or six months, whichever is sooner, the recreational vehicle(s) must be removed by the owner or occupant(s) of the recreational vehicles or by the property owner or agent in charge of the construction. If not so removed, the City Manager or his/her designee may have the recreational vehicles towed at the expense of the owner or occupant(s) of the recreational vehicles or the property owner or agent in charge of the project, or all of them.

(J) The City Manager or his/her designee shall maintain an accurate record of the cost incurred by the city in removing the recreational vehicle, including any attorney fees, whether or not any legal action is filed, and shall include therein an overhead charge of 10% of the total cost for administration. The total cost, including the administrative overhead, shall thereupon be assessed to the property.

(K) Upon expiration of the exemption permit, all temporary sewer and water service connections must be removed by the property owner and the person or agent in charge of the project. If not so removed, the City Manager or his/her designee may enter the property and remove the temporary connections at the expense of the property owner and the person or agent in charge of the project.

(L) The City Manager or his/her designee shall maintain an accurate record of the cost incurred by the city in removing the temporary sewer and water connections, including any attorney fees, whether or not any legal action is filed, and shall include therein an overhead charge of 10% of the total cost for administration. The total cost, including the administrative overhead, shall thereupon be assessed to the property.

(M) In case suit or action is instituted by the city in the circuit court to enforce the exemption permit, the property owner and the person or agent in charge of the project shall pay the attorney's fees of the city incurred in arbitration or trial thereof, and on any appeal therefrom.

(N) Fees for permits issued under 72.09(D) may be set by resolution of the City Council.

(Ord. 1759, passed 3-23-92; Am. Ord. 2046, passed 10-22-01; Am. Ord. 2048, passed 11-26-01; Am. Ord. 2049, passed 12-10-01; Am. Ord. 2053, passed 2-25-02)

§72.10 Parking Citation Procedure

(A) Citation procedure for certain parking violations. In lieu of personal delivery of a citation on person committing a violation of this traffic code, the citing authority may issue a parking violation notice pursuant to and in accordance with the procedures set forth in ORS 221.340. The citation shall instruct the operator to answer to the charge or pay the penalty imposed within 10 days, during specific hours, and at a specified place.

(B) Failure to comply with parking citation. If the operator does not respond to the parking violation notice attached to the vehicle within 15 days, the city, at its option, may mail a letter to the registered owner of the vehicle informing the owner that as a result of the owner's failure to respond to the citation within 10 days of its issuance that the fine has now been doubled and that the doubled fine must be paid within 10 days of the date the letter is mailed. If the owner does not comply within 10 days, the city, at its option, may request a copy of the parking violation notice be filed with the court and by affidavit request that the court issue an order to appear and show cause on a certain date and time. The order to appear and show cause shall be served personally and a return of service shall be completed and filed with the court.

(C) Registered owner subject to prosecution. The registered owner of a vehicle receiving a parking violation citation issued pursuant to this section, shall be presumed to be the owner in fact of the vehicle at the time of the citation's issuance. The registered owner of any vehicle, shall have an affirmative defense to a prosecution of the violation, if at the time the violation notice was issued the vehicle's use was not authorized by the owner, either expressly or by implication.

(Ord. 2046, passed 10-22-01)

Chapter 73: Bicycles

 

Bicycle Operation

 

§73.01 Bicycle to be in Safe Condition: Compliance with Laws

It shall be unlawful for any person to ride or operate a bicycle in the city unless the bicycle is equipped as otherwise provided in this chapter and unless the bicycle is in safe mechanical condition. Every person riding or operating a bicycle on any street, alley, 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 very nature can have no application.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.02 Compliance with Traffic Signals

Every person operating a bicycle in the city shall stop for all stop signs and traffic signals.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.03 Unlawful to Ride on Sidewalk in Commercial Zone

It shall be unlawful to ride or operate a bicycle on any sidewalk in the city inside of the commercial zone. It shall be lawful to ride or operate a bicycle on any sidewalk in the city outside of the commercial zone.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.04 Riding Abreast

Every person riding or operating a bicycle on any street, alley, or public place in the city shall keep the bicycle on the extreme right of the traffic lane, and it shall be unlawful for two or more operators of bicycles to travel abreast on any street, alley, or public place in the city or to operate the bicycle on traffic lanes otherwise than in single file.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.05 Clinging to Moving Vehicles

No person riding or operating a bicycle in the city shall cling or attach himself or his bicycle to any other moving vehicle or person in any other vehicle.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.06 Single Riders

No person shall operate or ride on any bicycle upon the streets, alleys, or public highways of the city two or more persons upon the same bicycle; provided, however, that this restriction shall not apply to tandem bicycles or other bicycles equipped for two or more riders.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.07 Carrying Articles

No person riding or operating a bicycle in the city shall carry any package, bundle, or article which prohibits the rider from having full control of the bicycle at all times.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.08 Racing; Trick Riding

(A) Racing. No person riding or operating a bicycle upon a public highway or street shall participate in any race, speed,or endurance contest unless such race or endurance contest has the written permission of and is under supervision of the Chief of Police.

(B) Trick riding. No person riding or operating a bicycle shall perform or attempt to perform any acrobatic fancy, or stunt riding upon any public highway or street in the city

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.09 Parking Regulations

(A) No person shall park any bicycle against windows or parking meters or on the main traveled portion of the sidewalk nor in such manner as to constitute a hazard to pedestrians, traffic, or property.

(B)If there are no bicycle racks or other facilities intended to be used for parking of bicycles in the vicinity, bicycles may be parked on the sidewalk in an upright position parallel to and within 24 inches of the curb.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.10 Speed

No person shall ride or operate a bicycle faster than is reasonable and proper, and every bicycle shall be operated with reasonable regard to the safety of the operator and other persons upon the streets, sidewalks, and public highways of the city.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.11 Riding on Parks, Playgrounds and Schools

No person shall ride or operate a bicycle upon any playground, park, or school ground where children are playing without permission of the person having supervision thereof.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.12 Turns

(A) Turning. Every person riding or operating a bicycle upon the streets and highways of the city shall turn only at intersections except as otherwise provided herein.

(B) Right turn. Every person riding or operating a bicycle intending to turn to the right at an intersection or into an alley or driveway, shall approach the turning point in the line of traffic nearest the right-hand curb of the street.

(C) Left turn. Every person riding or operating a bicycle intending to turn left at an intersection or to enter an alley or driveway shall approach the joint of turning in the line of traffic nearest to the center of the roadway. The operator of a bicycle in turning left at an intersection shall pass to the right of the center of the intersection before turning unless otherwise directed by markers, buttons, or signs.

(D) U-turns.

(1) No bicycle shall be turned in any business district so as to proceed in the opposite direction, except at intersections.

(2) No bicycle operated in a residence district shall be turned so as to proceed in the opposite direction when any other vehicle is approaching from either direction within 200 feet, except at an intersection.

(E) Turn right against red light. The operator of a bicycle which is stopped as close as practicable to the entrance of an intersection in obedience to a red light or stop signal may make a right turn but shall yield the right-of-way to pedestrians and other traffic proceeding as directed by the signal at the intersection, unless a sign has been posted at the intersection prohibiting such turn.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.13 Crossing

The operator of a bicycle on leaving an alley or driveway, when his view of either the sidewalk or street area is obstructed shall stop such bicycle immediately prior to riding upon such sidewalk or street area.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.14 Signals

No person shall turn a bicycle or stop a bicycle which he is riding or operating unless such movement can be made with safety, and then only after giving an appropriate signal during the last 50 feet traveled by the bicycle before turning or stopping.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.15 Accidents

(A) The operator of any bicycle involved in an accident shall take reasonable steps to ascertain whether or not anyone was injured, and he shall give his name, address, and the license number of his bicycle to the person with whom he was in collision, and he shall obtain the same information from the other person.

(B) It shall be the duty of the bicycle operator to make a written report of any accident resulting in death or injury to the Police Department with 24 hours of such accident.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

Bicycles Certification

 

§73.25 Certificate Required

It shall be unlawful for any person to operate or use a bicycle propelled wholly or in part by muscular power upon any of the streets, highways, or alleys of the city without first obtaining from the Police Department or its authorized agent a certificate therefor.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.256 Issuance of Certificate by Police; Records

(A) The Police Department is hereby authorized and directed to issue bicycle certificates of title which shall be good until revoked. Such certificates, when issued, shall entitle the holder thereof to operate such bicycle for which the certificate was issued upon the streets, alleys, or public highways of the city, exclusive of the sidewalks, except as hereinafter provided.The Police Department may issue a bicycle certificate of title for a bicycle when so requested by the owner. The Police Department shall charge a fee for issuing a certificate as established by resolution of the City Council.

(B) The Chief of Police may issue to each bicycle dealer certificate of title forms which shall be executed in duplicate at time of sale of each bicycle, the original thereof which shall be delivered to the purchaser, the duplicate forwarded within 24 hours to the Chief of Police. The certificate of title form shall include such information as the make and model of the bicycle sold, the color thereof, the frame number, date of sale, name and address of purchaser, and such other information as the Chief of Police may direct. There will be no fee for the issuance of such certificate. (C) The purchaser shall promptly take the certificate to the Police Department which shall issue a number therefor, and will cause the identical number to be stamped upon the underside of the sprocket of the bicycle. The Police Department will maintain a record of the bicycle by name and address of certificate holder, together with complete description of the bicycle and any other information which might serve to promptly identify the bicycle.

(Ord. 558, passed 12-22-65)

§73.267 Safe Mechanical Condition

Every person desiring a bicycle certificate must satisfy the Chief of Police or his authorized agent that the bicycle for which the applicant desires to secure license plates meets the following requirements as to safe mechanical condition.

(A) Brakes. Every bicycle shall be equipped with a brake adequate to skid the front or rear tire of the bicycle upon application of the brake.

(B) Warning devices. Every bicycle may be equipped with a horn or bell capable of emitting sound audible for a distance of not less than 100 feet under normal conditions.

(C) Sirens and whistles. It shall be unlawful to equip a bicycle with a siren or whistle.

(D) Handlebar grips. Every bicycle that is equipped with handlebar grips must have the grips securely glued or cemented to the handlebars.

(E) Carriers. Every bicycle equipped with a carrier must have the carrier securely attached to the bicycle.

(F) Stands. Every bicycle should be equipped with a stand of either kick or “U” type.

(G) Lights. Every bicycle operated at any time from a half-hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person or vehicle on the streets or sidewalks shall be equipped with a lamp affixed to the front of the bicycle, which lamp shall exhibit a white light visible for a distance of 500 feet from the front of the bicycle, and the bicycle shall be equipped with a red lamp or reflector affixed to the rear fender, which shall exhibit a red light visible for a distance of 300 feet from the rear of the bicycle.

(Ord. 558, passed 12-22-65) Penalty, see 73.99

§73.99 Penalty

Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in 10.99 commits a Class A violation.

(Ord. 558, passed 12-22-65; Am. Ord. 1632, passed 6-22-87; Am. Ord. 1976, passed 10-26-98)