[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998, § 1]
The term "bicycle" shall mean every two- or three-wheeled device
upon which a person or persons may ride, propelled by human power
through a belt, a chain or gears, with such wheels in a tandem or
tricycle, except that it shall not include such a device having solid
tires and intended for use only on a sidewalk by preteenage children.
[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998, § 1; Ord. of 2-18-1999, § 1]
It shall be unlawful for any resident of the City of Poughkeepsie
to operate, use or permit to be used or operated or rent for use any
bicycle with a wheel size of 20 inches or larger upon the public highways,
streets, avenues, parks and public places in the City of Poughkeepsie
without first registering the bicycle with the Police Department and
obtaining a certificate of registration and identification sticker.
[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998, § 1]
(a)
Application. Application for registration shall
be made to the City of Poughkeepsie Police Department on forms provided
by the Police Department.
(1)
Required information. The application shall
state the following:
a.
The name, age and address of the owner, and if the owner is
under 16 years of age, the name and address of the parent or guardian.
b.
The make, type, serial number and color of the bicycle.
c.
The name and address of the person from whom the bicycle was
purchased.
d.
The date of purchase.
e.
Documentary proof of ownership such as a sales receipt or sworn
affidavit that applicant is the owner of the bicycle or has been authorized
by the owner to utilize said bicycle, or parent or guardian if the
applicant is under 16 years of age, and the serial number imprinted
on the bicycle.
(2)
Regulations.
a.
Bicycles registered must be in compliance with Subdivisions
(b) and (d) § 1236 of the New York State Vehicle and Traffic
Law, i.e., equipped with a bell or other audible signal device and
reflective tires or reflective devices on spokes of each wheel.
b.
At the time of registration, children under the age of 14 years
registering their bicycles must produce a bicycle helmet as required
by the New York State Vehicle and Traffic Law.
(b)
Registration cards. Upon due application, a registration
card containing the name and address of the owner, plus the name and
address of the parent or guardian if the owner is under 16 years of
age, and the make, type, serial number and color of the bicycle shall
be issued. The registration cards shall be numbered consecutively,
and a copy of the registration card shall be issued to the owner.
(c)
Identification stickers. There shall also be issued
an identification sticker, which shall be of the reflector type and
capable of being securely affixed to the bicycle. It shall contain
the words "City of Poughkeepsie" and shall contain a conspicuous number
which shall correspond to the number stamped on the registration card.
[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998, § 1]
The registration shall be valid for the bicycle registered for
two years.
[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998, § 1]
When an owner sells or transfers ownership of any bicycle, (s)he
shall report such sale or transfer by returning to the Police Department
the registration card issued to such person, together with the name
and address of the person to whom said bicycle was sold or transferred,
and such report shall be made within seven days of the date of such
sale or transfer. The purchaser or transferee of such bicycle shall
apply for a transfer of the registration thereof within seven days
of said sale or transfer.
[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998,[1] § 1]
It shall be unlawful for any person to remove, destroy, mutilate
or alter any registration card or identification sticker. Nothing
in this section shall prevent the Police Department of the City of
Poughkeepsie from affixing to the bicycle a number for identification
when none can be found or when the existing serial number is illegible.
[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998, § 1]
No person, firm, partnership or corporation renting bicycles
in the City of Poughkeepsie shall rent or hire a bicycle to anyone
unless the bicycle is registered and has attached thereto an identification
sticker pursuant to this article.
[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998, § 1]
The Chief of Police or his/her designee shall have the authority
to suspend or revoke the registration of any bicycle registered under
this article and may order the removal of the identification stickers
from any bicycle operated contrary to the provisions of the Vehicle
and Traffic Law of the State of New York.
[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998, § 1]
The Police Department of the City of Poughkeepsie shall maintain
a permanent record of all registrations for each bicycle registered
in the City of Poughkeepsie. The registrations shall be maintained
according to the registration number in numerical sequence and according
to the registrant's name in alphabetical order.
[Ord. of 6-18-1973, § 1; Ord. of 6-18-1998, § 1]
(a)
Impoundment procedures.
(1)
The Police Department shall impound any unregistered bicycle
being operated in the City of Poughkeepsie unless the operator provides
adequate documentary proof, such as a valid driver's license, that
the operator is not a city resident. The bicycle shall remain impounded
until a written demand for its release, according to the procedures
set forth below, is filed and the bicycle is properly registered pursuant
to the provisions of this article, or documentary proof is submitted
in the form set forth above or in a sworn affidavit signed by the
operator and/or owner that (s)he is not a city resident, or the bicycle
is otherwise disposed of by law.
(2)
The police officer impounding the bicycle shall comply with
the following procedures:
a.
Inform the operator that an impoundment receipt and release
of bicycle procedures can be obtained at the Police Department in
City Hall.
b.
Upon impoundment, the bicycle shall be immediately brought to
the Police Department in City Hall, shall be entered into the evidence
log and impounded in a safe and secure location in the Police Department
as designated by the Police Chief.
(3)
An impoundment receipt and release of bicycle procedures shall
be provided to the owner/operator of the bicycle at the Police Department,
which shall state:
a.
The name of the person from whom the bicycle is taken.
b.
A description of the bicycle, with size, color, condition and
distinguishing features noted.
c.
The date, time and location of where the bicycle was impounded.
d.
That, in order to obtain release of the bicycle from the Police
Department, the operator and/or owner must present the impounding
receipt, proof of ownership or authorization to utilize said bicycle,
in the form of a sales receipt or sworn affidavit, and a registration
form or proof that the operator and owner are not city residents,
in the form set forth above, within 30 days of impoundment of the
bicycle.
e.
That registration of the bicycle and a ten-dollar processing
fee, required only for bicycles impounded on or after July 15, 1999,
must be paid to the Police Department before the release of a bicycle
that should have been registered in accordance with the provisions
of this article.
f.
That refusal of the Police Department to release the bicycle
and grounds for refusal shall be provided to the claimant in writing
within two days of the filing of a written demand for the return of
the bicycle; that the claimant may file a written request for a hearing
to challenge said refusal, which must be filed within two days of
the date of the written refusal to release the bicycle; that a hearing
shall be held before the Police Chief or his/her designee within two
days of receipt of the hearing request, or later if agreed to by the
claimant, at which the claimant may be represented by counsel, present
witnesses and cross-examine the city's witnesses; and that a written
determination setting forth the reasons for upholding or overturning
the refusal shall be issued by the Police Chief or his/her designee
within two days of the close of the hearing.
(b)
The Chief of Police or his/her designee shall provide written notification
of such violation to the parents or guardian of any person under 16
years of age who violates any of the provisions of this article.
(c)
Any person under 16 years of age who violates any of the provisions
of this article shall, for the second and further offense(s), have
his/her bicycle registration revoked for a period not to exceed 30
days. Such revocation shall be ordered by the Chief of Police or his
designee after due hearing on notice attended by the offender and
his/her parent or legal guardian.
