[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973
as Ch. 9 of the 1973 Code; amended 11-1-1990; 7-3-1997.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 270.
All persons operating a bicycle, tricycle or other similar vehicle upon
any of the public highways, streets, avenues, walks, parks, or public places
in the City, or upon private roads open to public motor vehicle traffic and
upon any path set aside for the exclusive use of bicycles, shall at all times
observe and carry out such laws, rules and regulations as are established
by the Vehicle and Traffic Law.[1]
[1]
Editor's Note: See Article 34 § 1200 et seq. of the state
Vehicle and Traffic Law.
A.
A City of Troy Bicycle Registration, Disposition and
Safety Program shall exist in the Troy Police Bureau. Said program shall provide
a system for the voluntary registration of bicycles and shall be the responsibility
of the Commissioner of Public Safety.
B.
The Commissioner of Public Safety shall, after consultation
with the Commissioner of Public Works, promulgate such policies, procedures,
forms, rules and regulations as may be necessary for the proper implementation
and administration of said program.
Residents of the City of Troy may register one or more bicycles with
the Commissioner of Public Safety for an annual fee of $0.25 per bicycle.
For each such registration, the Commissioner shall issue a unique bicycle
registration number and a City of Troy bicycle registration sticker that shall
bear such number and be permanently affixed to the bicycle so registered.
The Commissioner of Public Safety shall provide for the creation of
a centralized bicycle registry into which information about each registered
bicycle shall be entered and maintained. Said registry shall contain such
information deemed necessary by the Commissioner of Public Safety so as to
enable the ready and convenient identification of the owner of a registered
bicycle. The Commissioner shall cause such registry to be updated regularly.
A.
The Commissioner of Public Safety shall ensure that every bicycle recovered by the City as lost, abandoned, stolen or otherwise separated from its owner be collected in a secure storage facility and checked to determine whether it has been registered pursuant to § 133-3 of this chapter.
B.
Upon a determination that a bicycle is registered pursuant to § 133-3 of this chapter, the Commissioner shall cause the owner of said bicycle to be notified and request that the owner retrieve it. If the owner has not claimed the bicycle within 10 days of such notice, the Commissioner shall cause a letter to be sent to the owner of record in the bicycle registry via certified mail, return receipt requested, informing the owner of the location of the bicycle and that, if the bicycle is not retrieved within 10 days, it will be disposed of in a manner permissible under Article 7-B of the Personal Property Law.
A.
Pursuant to Subdivisions 5 and 7 of § 253 of
the Personal Property Law, unclaimed, lost or abandoned bicycles having only
salvage value may be sold by the Commissioner in such manner as may be reasonable
under the circumstances. Bicycles having a value of less than $100 shall be
kept for a period of three months; those having a value of $100 or more shall
be kept for a period of six months. Those bicycles having a value in excess
of $500 shall be kept for a period of one year.
B.
Notwithstanding any other provision of this section, in situations where the expenses of taking a bicycle into custody, in addition to transportation, storage and appraisal and expenses incurred in giving notice and other expenses attributable to the administration of Article 7-B of the Personal Property Law, of § 133-5 or of this section exceed more than one-half the amount reasonably estimated as the net sum to be realized by sale of such bicycle at public auction, the Commissioner may take ownership of the bicycle on behalf of the City and dispose of it in the manner provided in § 133-8 of this chapter.
The Commissioner shall cause the appraisal of lost bicycles and the
estimation of the net amount likely to be realized by sale of such at public
auction by a qualified person prior to disposition of such bicycles. Further,
the Commissioner shall maintain a record of such appraisal or estimations
for each lost bicycle.
Once the Commissioner has complied with the provisions of Article 7-B of the Personal Property Law and §§ 133-5 through 133-7 of this chapter, title to such unclaimed, lost or abandoned bicycles shall vest in the City. The Commissioner may then determine whether such bicycles shall be sold at public auction, used for public purposes that are in the best interests of the City or provided to agencies that will use them for charitable or public purpose.
A.
Defined. As used in this chapter, "play vehicles" shall
mean and include any device not powered by a motor, used for propelling or
transporting one or more persons and of a type commonly used for recreation
or entertainment purposes. The term "play vehicles" shall not include a bicycle
or tricycle as defined in the New York State Vehicle and Traffic Law.
B.
Prohibited acts. No person shall ride or propel any play
vehicle on any street, highway, sidewalk or public path within certain portions
of the B-4 Central Commercial Zone as shown on the Zoning Map of the City
of Troy, bounded on the east by Sixth Avenue, on the west by the Hudson River,
on the north by Federal Street and on the south by Ferry Street, which is
more commonly known as the Central Business District.
C.
Traffic infraction; responsibility of parents.
D.
Penalties for offenses. Every person convicted of a violation
of any provision of this section shall be punished by a fine not to exceed
$50 and/or by impounding of such person's play vehicle for a period not to
exceed 30 days, except the play vehicle may also be impounded until payment
of any fine assessed by the court.
