[HISTORY: Adopted by the Borough Council
of the Borough of Lewisburg 6-21-1978 by Ord. No. 78-11. Amendments noted where
applicable.]
For the purposes of this chapter, the following
terms shall have the meanings indicated:
A vehicle consisting of a tubular metal frame mounted on
two or more large, wire-spoked wheels, equipped with handle bars and
a saddle-like seat, and propelled by foot pedals.
[Amended 10-20-1987 by Ord. No. 833; 4-17-2012 by Ord. No. 1014]
It shall be unlawful for any resident of the
Borough to ride, operate, use, or permit to be ridden, operated, or
used, or rent for use, any bicycle which he or she owns upon any of
the public streets, alleys, parks, avenues, highways, and public places
of the Borough without first registering the bicycle with the Buffalo
Valley Regional Police Department by application and obtaining therefor
from the Police Chief of the Buffalo Valley Regional Police Department
or his authorized representative a registration card and license plate
or sticker.
A.
The application shall contain the name, address, and
date of birth of the applicant and, if the applicant is under 18 years
of age, the name of the applicant's parent or guardian, the make,
serial number, and color of the bicycle, and the name and address
of the person from whom the same was purchased.
B.
The registration card and license plate or sticker
shall be issued to the applicant upon:
(1)
Certification by the Police Chief of the Buffalo Valley
Regional Police Department or his authorized representative that the
bicycle is in good mechanical condition, is in compliance with the
applicable provisions of the Vehicle Code of the Commonwealth of Pennsylvania,
and contains a manufacturer's serial number stamped or attached to
the bicycle frame. If it shall be found that the bicycle does not
contain a manufacturer's serial number stamped or attached to the
bicycle frame, a serial number or identification mark shall be stamped
on the frame of such bicycle.
(2)
The payment of the fee as hereinafter provided.
C.
The registration cards shall be numbered consecutively
and shall contain the name and address of the applicant and, if the
applicant is under 18 years of age, the name of the applicant's parent
or guardian.
D.
The license plate or sticker shall have the corresponding
number to the registration card and the word "Lewisburg" thereon,
and shall be attached to the bicycle by the Police Chief of the Buffalo
Valley Regional Police Department or his authorized representative
and shall not be removed except by the same or upon their authorization.
E.
The fee to be paid for registration of each bicycle
shall be $1. The fee shall be paid in advance at the time of the issuance
of the registration card and license plate or sticker. In the event
that the original bicycle license plate or sticker is mutilated, damaged,
lost, or stolen, a new plate or sticker shall be issued by the Police
Chief of the Buffalo Valley Regional Police Department or his authorized
representative upon payment of a fee of $0.50.
G.
The Police Chief of the Buffalo Valley Regional Police
Department shall keep a permanent record of all applications and registration
cards issued pursuant thereto for each bicycle registered with the
Buffalo Valley Regional Police Department and shall transmit copies
of the same together with the fees collected therefor to the Borough
Treasurer.
It shall be unlawful for any person to willfully
or maliciously remove, destroy, mutilate, or alter the manufacturer's
serial number or identification mark stamped or attached to any bicycle
frame.
It shall be unlawful for any person to willfully
or maliciously remove, destroy, mutilate, or alter any registration
card or license plate or sticker issued hereunder.
[Amended 4-17-2012 by Ord. No. 1014]
Every person who sells or transfers the ownership of any bicycle registered hereunder shall within seven days of the date of such sale or transfer report such transaction to the Police Chief of the Buffalo Valley Regional Police Department or his authorized representative by returning the registration card issued to such person, together with the name and address of the person to whom said bicycle was sold or transferred. In accordance with § 112-2 of this chapter, the purchaser or transferee of such bicycle shall within seven days of the sale or transfer apply for a transfer of the registration thereof.
[Amended 4-17-2012 by Ord. No. 1014]
Every person who dismantles and takes out of
operation any bicycle registered hereunder shall within seven days
report such information to the Police Chief of the Buffalo Valley
Regional Police Department or his authorized representative.
It shall be unlawful for any person engaged
in the business of renting or hiring out bicycles in the Borough to
rent or hire out a bicycle to anyone without the rented or hired bicycle
having attached thereto a license plate or sticker issued hereunder.
[Amended 4-17-2012 by Ord. No. 1014]
Every person engaged in the business of buying,
selling, exchanging, or trading in used or secondhand bicycles, and
every person engaged in the business of buying or selling new bicycles,
shall make a weekly report to the Police Chief of the Buffalo Valley
Regional Police Department or his authorized representative of all
used and secondhand bicycles bought, sold, exchanged, or traded-in
during the week. Each such report shall specify a full and complete
description of such used or secondhand bicycles, including, whenever
available, the make, the manufacturer's serial number stamped or attached
to the bicycle frame, the frame number, any identification mark or
markings, the color, the wheel type and size, the name of the brake,
the date of purchase, sale, exchange, or trade, and the name of the
person buying, selling, exchanging, or trading in such bicycle.
[Amended 10-20-1987 by Ord. No. 833]
It shall be unlawful for anyone to ride, operate,
use, or permit to be ridden, operated, or used, or rent for use, any
bicycle upon any of the public streets, alleys, parks, avenues, highways,
and public places of the Borough during the period from one-hour after
sunset to one hour before sunrise and at such other times when there
is not sufficient light to render clearly discernible persons and
vehicles on the highway at a distance of 500 feet ahead, unless a
white lamp or light on the front of the bicycle is in use and operation
in accordance with the Pennsylvania Motor Vehicle Code.
Every person riding a bicycle upon a roadway
shall be granted all the rights and shall be subject to all the duties
applicable to the driver of a vehicle by the laws of the Commonwealth
of Pennsylvania and the ordinances of the Borough of Lewisburg, except
as to special provisions therein and except as to those provisions
thereof which by their nature can have no application.
[Amended 4-17-2012 by Ord. No. 1014]
Any person operating a bicycle shall obey the
instructions of official traffic-control signals, signs, and other
control devices applicable to vehicles, unless otherwise directed
by a Buffalo Valley Regional Police Department police officer. Whenever
authorized signs are erected indicating that no right or left or U-turn
is permitted, no person operating a bicycle shall disobey the direction
of any such signs.
A person propelling a bicycle shall not ride
other than upon or astride a permanent and regular seat attached thereto.
No bicycle shall be used to carry more persons at one time than the
number for which it is designed and equipped except that an adult
rider may carry a child securely attached to the rider in a back pack
or sling.
[Amended 8-18-1998 by Ord. No. 910]
A.
Every person operating a bicycle upon a roadway shall
ride as near to the right-hand side of the roadway as practicable,
exercising due care when passing a standing vehicle or one proceeding
in the same direction. Persons riding bicycles upon a roadway shall
not ride more than two abreast except on paths or parts of roadways
set aside for the exclusive use of bicycles. Whenever a usable, safe,
and reasonable lane or path for bicycles has been provided as part
of a highway or adjacent to a roadway, bicycle riders shall use such
lane or path and shall not use any other part of the highway. Before
turning or changing the direction of any bicycle upon any of the public
streets, alleys, parks, avenues, highways, and public places of the
Borough, it shall be the duty of the bicycle rider to give a signal
by the extension of the hand to indicate the direction it is intended
to proceed.
B.
No person shall operate a bicycle at a speed greater
than is reasonable and prudent under the conditions then existing.
C.
The operator of a bicycle emerging from an alley,
driveway, or building, shall upon approaching a sidewalk or the sidewalk
area extending across any alleyway, yield the right-of-way to all
pedestrians approaching on said sidewalk or sidewalk area, and upon
entering the roadway shall yield the right-of-way to all vehicles
approaching on said roadway.
D.
No person riding upon a bicycle shall attach the same
or himself to any vehicle upon a roadway.
E.
No person operating a bicycle shall carry any package,
bundle, or article which prevents the rider from keeping at least
one hand upon the handlebars.
F.
No person shall park a bicycle upon a street other
than upon the roadway at an angle to the curb or edge of the roadway
at any location where parking is allowed, upon the sidewalk other
than in a rack to support the bicycle, or against a building or at
the curb other than in such manner as not to impede the normal and
reasonable movement of pedestrian or other traffic or to obstruct
the movement of a legally parked motor vehicle.
G.
No person shall ride a bicycle upon any public sidewalk
located in the Borough between the southern right-of-way line of Cherry
Alley on the north, the northern right-of-way line of Pine Alley on
the south, the western right-of-way line of Front Street on the east,
and the eastern right-of-way line of Seventh Street on the west. No
person over the age of 10 years shall ride a bicycle upon any other
public sidewalk located in the Borough, except upon the sidewalk located
on the north side of Market Street between the eastern right-of-way
line of U.S. Route 15 and the eastern right-of-way line of Eighth
Street. Any person legally riding a bicycle upon a sidewalk or bicycle
lane or path used by pedestrians shall yield the right-of-way to any
pedestrian and shall give an audible signal before overtaking and
passing a pedestrian.
[Amended 11-20-2012 by Ord. No. 1016]
[Amended 10-20-1987 by Ord. No. 833; 4-17-2012 by Ord. No. 1014]
Any resident who violates § 112-2 of this chapter by failing to register by application any bicycle which he or she owns and obtaining therefor a registration card and license plate or sticker shall:
A.
For the first offense, be warned that he or she is in violation of the applicable section of this chapter and that he or she must comply therewith by securing, where applicable, a bicycle riding certificate, registration card, or license plate or sticker. In addition, the Police Chief of the Buffalo Valley Regional Police Department or his authorized representative shall also notify the parent or guardian of the minor in writing of the violation and warning, stating the nature of the violation, requesting that the parent or guardian should not knowingly permit such minor to violate § 112-2 of this chapter, warning the parent or guardian that certain penalties could be imposed upon them, and advising the parent or guardian that a second offense may result in the impoundment of the bicycle.
B.
For the second offense, be notified that he or she
is in violation of the applicable section of this chapter and that
his or her bicycle shall be subject to immediate impoundment until
such time as he or she complies therewith by securing, where applicable,
a bicycle riding certificate, registration card, or license plate
or sticker. In addition, the Police Chief of the Buffalo Valley Regional
Police Department or his authorized representative shall also notify
the parent or guardian of the minor in writing of the violation and
impoundment, stating the nature of the violation and how to obtain
the release of the impounded bicycle. All impounded bicycles shall
be held by the Police Chief of the Buffalo Valley Regional Police
Department or his authorized representative in a protected area and
shall be subject to the collection of a storage charge therefor in
the amount of $1 per week unless the bicycle is released to the owner
thereof within 10 days by his or her compliance with the said violated
section.
[Amended 10-20-1987 by Ord. No. 833]
Except as provided hereinabove, any person under
18 years of age who violates any of the provisions of this chapter
shall:
A.
For the first offense, be warned that he or she is
in violation of the applicable section of this chapter and that his
or her registration card and license plate or sticker may be suspended
or revoked for any subsequent violation of any of the provisions of
this chapter. In addition, the Police Chief of the Buffalo Valley
Regional Police Department or his authorized representative shall
also notify the parent or guardian of the minor in writing of the
violation and warning, stating the nature of the violation, requesting
that the parent or guardian should not knowingly permit such minor
to violate any of the provisions of this chapter, warning the parent
or guardian that certain penalties could be imposed upon them, and
advising the parent or guardian that any subsequent violation may
result in the suspension or revocation of the minor's bicycle registration
card and license plate or sticker.
[Amended 4-17-2012 by Ord. No. 1014]
B.
For the second offense, be summoned in writing by the Police Chief of the Buffalo Valley Regional Police Department or his authorized representative to appear at the Buffalo Valley Regional Police Department at a specified time with his or her bicycle and accompanied by his or her parent or guardian. After a hearing on the violation of the applicable section of this chapter, if in the discretion of the Police Chief of the Buffalo Valley Regional Police Department or his authorized representative, it is decided to punish the violator, the registration card and license plate or sticker issued pursuant to § 112-2 of this chapter may be suspended and removed, respectively, for a period not in excess of 10 days.
[Amended 4-17-2012 by Ord. No. 1014]
C.
For the third and subsequent offenses, be summoned
in writing by the Police Chief of the Buffalo Valley Regional Police
Department or his authorized representative to appear at the Buffalo
Valley Regional Police Department at a specified time with his or
her parent or guardian. After a hearing on the violation of the applicable
section of this chapter, one of the following penalties shall be imposed:
[Amended 4-17-2012 by Ord. No. 1014]
D.
A violation of any of the provisions of this chapter
by any person under 18 years of age shall not be considered a criminal
offense or be made a matter of court record.
[Amended 10-20-1987 by Ord. No. 833; 8-18-1998 by Ord. No.
910; 4-17-2012 by Ord. No. 1014]
Any person 18 years of age or older or any business who violates any provision of this chapter, or any parent or guardian of any minor child who normally permits such child to violate any provision of this chapter shall, upon conviction thereof in a summary proceeding before a district justice, be sentenced to pay a fine of not more than $600 plus costs of prosecution, and/or be imprisoned for a period not to exceed 90 days. In default of payment of such fine, the bicycle involved in the violation of this chapter shall be impounded by the Police Chief of the Buffalo Valley Regional Police Department or his authorized representative in a protected area until such time as such fine is paid in full. In addition, the Police Chief of the Buffalo Valley Regional Police Department or his authorized representative may suspend or revoke the registration card and remove the license plate or sticker of any bicycle issued pursuant to § 112-2 of this chapter for such time and in such manner as set forth in § 112-15 of this chapter.
[Amended 4-17-2012 by Ord. No. 1014]
Upon any suspension or revocation of a bicycle registration card and removal of a license plate or sticker pursuant to §§ 112-15 and 112-16 of this chapter, the Police Chief of the Buffalo Valley Regional Police Department or his authorized representative shall immediately notify the Borough Secretary of such suspension, revocation, and/or removal.
