[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 5-14-1974
(Ch. 39 of the 1974 Code); amended in its entirety at time of adoption of
Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted
where applicable.]
Whenever used in this chapter, unless a different meaning clearly appears
from the context, the terms herein shall be defined as follows:
Includes vehicles with two wheels, 16 inches or more in diameter,
one in front of the other, having a saddle-like seat for the rider, steered
by a handlebar or other device and driven by pedals. "Bicycle" shall also
include any motorized bicycle, meaning a pedal bicycle having a helper motor
characterized in that either the maximum piston displacement is less than
50 cubic centimeters or said motor is rated at no more than 1.5 brake horsepower
and said bicycle is capable of a maximum speed of no more than 25 miles per
hour on a flat surface.
The Borough of Alpha.
The Borough Clerk of the Borough of Alpha.
The Mayor and Council of the Borough of Alpha.
An individual, association of individuals or a corporation.
A.
A person under 14 years of age shall not operate or ride
upon a bicycle as a passenger unless that person is wearing a properly fitted
and fastened bicycle helmet which meets the standards of the American National
Standards Institute (ANSI Z90.4 bicycle helmet standard) or the Snell Memorial
Foundation's 1990 Standard for Protective Headgear for Use in Bicycling. This
requirement shall also apply to a person who rides upon a bicycle while in
a restraining seat which is attached to the bicycle or in a trailer towed
by the bicycle.
B.
The requirement in Subsection A of this section shall apply at all times while a bicycle is being operated on any property open to the public or used by the public for pedestrian and vehicular purposes; however, the Borough may by ordinance exempt from this requirement a person operating or riding on a bicycle as a passenger when the bicycle is operated:
(1)
On a road or highway closed to motor vehicle traffic
and limited to pedestrians or bicycles at all times or only during specified
periods of time during which bicycles may be operated; or
(2)
Exclusively on a trail, route, course, boardwalk, path
or other area which is set aside for the use of bicycles or the use of pedestrians
and bicycle operation is not otherwise prohibited. However, an exemption may
not be granted under this subsection for any portion of a trial, route, course,
boardwalk, path or other area which is immediately adjacent to a road or highway
used by motor vehicle traffic and which does not contain a barrier of sufficient
height and rigidity to prevent the inadvertent or deliberate entry of a bicycle
operator onto the road or highway.
C.
An ordinance enacted pursuant to Subsection B of this section shall specify those roads, highways, trails, routes, courses, boardwalks, paths or areas within the Borough where helmets are not required during the operation of a bicycle.
D.
When a bicycle is being operated in an area where bicycle
helmets are not required, the operator or a passenger, except a passenger
in a restraining seat or trailer, shall dismount from the bicycle and walk
whenever it is necessary to enter a crosswalk or to cross a road or highway
upon which motor vehicle traffic is permitted.
Any person of 17 years of age and over violating any of the provisions
of this chapter shall, upon conviction, be subject to a fine not exceeding
$1,250, a term of imprisonment not exceeding 90 days or a period of community
service not exceeding 90 days, or any combination thereof.
