City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Gardner as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and municipal facilities — See Ch. 516.
Vehicles and traffic — See Ch. 600.
[Adopted 12-1-1980 by Ord. No. 741]
[Amended 11-2-1981 by Ord. No. 760; 9-5-1995 by Ord. No. 1194]
All bicycles owned or operated by residents of the City of Gardner on public ways or places to which the public has a right of access within the City limits of Gardner shall be registered at the Gardner Police Department; said registration shall consist of a numbered decal, the fee for which shall be $0.75.
[Amended 6-16-1997 by Ord. No. 1240]
A. 
The following shall be mandatory equipment on all bicycles operated on public ways or ways to which the public has a right of access:
(1) 
Braking system to enable the operator to bring a bicycle traveling at a speed of 15 miles per hour to a smooth, safe stop within 30 feet on a dry, clean, hard, level surface.
(2) 
A white headlight visible to oncoming vehicular traffic for a distance of at least 500 feet when directly in front of lawful lower beams of head lamps on a motor vehicle [for operation under § 330-3A(2) hereunder].
(3) 
A red light or reflector in the rear visible to vehicular traffic in the rear for a distance not less than 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle [for operation under § 330-3A(2) hereunder].
(4) 
On each pedal a reflector, or around each ankle reflective material, and reflectors or reflective material on the bicycle or the operator, visible on each side for a distance of 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle [for operation under § 330-3A(2) hereunder].
B. 
Handlebars shall not be raised so that the operator's hands are above his shoulders while gripping them. Any alteration to extend the fork of a bicycle from the original design construction of the bicycle manufacturer is prohibited.
A. 
No bicycle shall be operated on any public way or ways to which the public has a right of access without complying with the following:
(1) 
No bicycle shall be operated so as to damage or interfere with the use and enjoyment of any park or playground within the City or with any equipment, playing fields or courts, gardens and shrubbery found within.
[Added 1-5-1981 by Ord. No. 742; amended 6-16-1997 by Ord. No. 1240]
(2) 
Bicycles operated at night (1/2 hour before sunset to 1/2 hour after sunrise) must have the equipment required in § 330-2A(2), (3) and (4).
[Amended 6-16-1997 by Ord. No. 1240]
(3) 
No bicycle shall be operated on any sidewalk within the business district (as defined in Chapter 567, Streets and Sidewalks, Article VIII, Snow and Ice Removal, of this Code) of the City of Gardner. Three-wheel bicycles and bicycles with training wheels are exempt.
[Amended 1-5-1981 by Ord. No. 742]
(4) 
No bicycle shall be parked so as to impede pedestrian or vehicular traffic.
(5) 
No bicycle shall be operated with more than one person unless the bicycle is designed to carry more than one person.
(6) 
No bicycle shall be operated with goods in hand except in or on a basket, rack or trailer or other device designed for such purposes.
[Amended 6-16-1997 by Ord. No. 1240]
(7) 
No bicycle shall tow another bicycle or be allowed to be towed except as otherwise permitted by this article.
[Amended 6-16-1997 by Ord. No. 1240]
(8) 
No bicycle shall be operated against the normal flow of traffic.
[Amended 6-16-1997 by Ord. No. 1240]
(9) 
Bicycles shall be operated single file on the right side on any way except when passing.
[Amended 6-16-1997 by Ord. No. 1240]
(10) 
The bicycle operator shall signal by either hand his intention to stop or turn.
[Amended 6-16-1997 by Ord. No. 1240]
(11) 
The operator of any bicycle shall report any accident involving personal injury or property damage in excess of $100, or both, occurring in the City of Gardner to the Gardner Police Department.
[Amended 6-16-1997 by Ord. No. 1240]
(12) 
The operator shall ride only upon or astride a permanent and regular seat attached to the bicycle; a passenger shall ride only upon or astride a permanent and regular seat attached to the bicycle or to a trailer towed by the vehicle.
[Amended 6-16-1997 by Ord. No. 1240]
(13) 
The operator shall not transport another person between the ages of one to four years, or weighing 40 pounds or less, on a bicycle except in a "baby seat," so called, attached to the bicycle, in which such other person shall be able to sit upright; provided, however, that such seat is equipped with a harness to hold person securely and protection is provided against the feet or hands hitting the spokes, or upon or astride a seat of a tandem bicycle equipped so that the other person can comfortably reach the handlebars and pedals. The operator shall not transport any person under the age of one year on said bicycle.
[Added 6-16-1997 by Ord. No. 1240]
(14) 
Any person 16 years of age or younger operating a bicycle or being carried as a passenger on a bicycle on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Said helmet shall fit the person's head, shall be secured to the person's head by straps while the bicycle is being operated, and shall meet the standards for helmets established by the United States Consumer Product Safety Commission. These requirements shall not apply to a passenger if the passenger is in an enclosed trailer or other device which adequately holds the passenger in place and protects the passenger's head from impact in an accident.
[Added 6-16-1997 by Ord. No. 1240; amended 11-18-2013 by Ord. No. 1563]
(15) 
All bicycles while being operated within the City of Gardner on its public ways or ways to which the public has the right of access will adhere to the laws of the road, MGL c. 89 and MGL c. 90.
[Added 6-16-1997 by Ord. No. 1240]
B. 
Whoever violates the provisions of Subsection A(1) through (15) above shall be punished by a fine of not more than $20. The parent or guardian of any person under age 18 shall not authorize or knowingly permit any such person to violate any of the provisions of these subsections. A bicycle operated by a person under the age of 18 in violation of these subsections may be impounded by the Police Department for a period not to exceed 15 days. A violation of any provision of these subsections by a minor under the age of 18 shall not affect any civil right or liability nor shall such violation be considered a criminal offense.
[Amended 1-5-1981 by Ord. No. 742; 6-1-1981 by Ord. No. 754; 11-2-1981 by Ord. No. 760; 9-21-1992 by Ord. No. 1103; 6-16-1997 by Ord. No. 1240; 6-21-1999 by Ord. No. 1304]
C. 
At or before the completion of each tour of duty, the officer shall give to his commanding officer those copies of each notice of such violations taken cognizance of during such tour. Said commanding officer shall retain and safely preserve one of such copies and shall, at a time no later than the beginning of the next court day after receipt of such notice, deliver another of such copies to the clerk of the court before whom the offender has been notified to appear. The clerk of each district court shall maintain a separate docket of all such notices to appear.
D. 
A police officer taking cognizance of any such violations may request the offender to state his true name and address. Whoever, upon such request, refuses to state his name and address, or states a false name and address or a name and address which are not his name and address in ordinary use, shall be punished by a fine of not less than $20 nor more than $50. Any such offender so refusing to state his name and address may be arrested without a warrant, but no person shall be arrested without a warrant for any other violation of this article.
All fines collected pursuant to this article shall be used by the City of Gardner for the development and implementation of a bicycle program.
[Adopted 6-19-1995 by Ord. No. 1191]
No person upon roller skates or roller blades or riding in or by means of any skateboard, coaster, toy vehicle or similar device shall:
A. 
Attach the same or himself/herself to any moving vehicle upon any roadway.
B. 
Operate so as to damage or interfere with the use and enjoyment of any park or playground within the City or with any equipment, playing fields or courts, gardens and shrubbery found therein. Operation within a cemetery shall be strictly prohibited.
[Amended 7-6-2004 by Ord. No. 1405]
C. 
Go upon any sidewalk or in any City park or City parking lot within the business district (as defined in Chapter 567, Streets and Sidewalks, Article VIII) of the City of Gardner.
A. 
Whoever violates any of the provisions of this article shall be issued a citation by the Gardner Police Department and will be subject to a fine of $5 for each violation.
B. 
Any person with three or more violations, defined as a habitual offender, shall upon any subsequent violations be subject to a fine of $25.
C. 
Persons under the age of 17 shall not be fined as set forth above, but if violations do occur, the Gardner Police Department may impound the device for a period not to exceed five days, the parent or legal guardian to be notified of such action.
D. 
A police officer taking cognizance of any such violation may request the offender to state his/her true name and address. Whoever upon such request refuses to state his/her name and address, or states a false name and address or a name and address which are not his/her name and address in ordinary use, shall be punished by a fine of not less than $25 nor more than $50. Any such offender so refusing to state his/her name and address may be arrested without a warrant, but no person shall be arrested without a warrant for any other violation of this article.