[HISTORY: Adopted by the Borough Council of the Borough of
Lewistown 1-4-1945 by Ord. No. 1945-1; amended in its entirety 3-24-1986 by Ord. No.
86-2 (Ch. 3, Part 1, of the 1986 Code). Subsequent
amendments noted where applicable.]
The following definitions shall apply in the interpretation
of this article:
The calendar year (January 1 to December 31).
Any vehicle powered solely or primarily by human-powered
pedals, except a toy tricycle, toy car, big-wheel, or other like toy
used by toddlers or young children.
Any individual, partnership, firm, association, organization,
corporation or other entity, and includes the parent, guardian or
other legal custodian of a minor, and includes a pedalcycle rental
agency and a dealer in secondhand or used pedalcycles.
The device issued by the Police Department and imprinted
with a serial number, the name of the Borough and the current year;
the device which is to be displayed in a conspicuous place on a pedalcycle
as visible evidence that the pedalcycle has been registered with the
Police Department for the current year. The device may be a decal,
metal plate, plastic tag, or the like; and the choice of the device
to be used during a particular year shall be left to the Police Department.
It shall be unlawful for any person who resides in the Borough
of Lewistown and who owns a pedalcycle to ride, or to permit another
person to ride, the pedalcycle in the Borough unless that pedalcycle
has been registered with the Police Department for the current year
and the registration tag issued by the Police Department for the current
year is displayed in a conspicuous place on the pedalcycle.
A.Â
The application for registration of a pedalcycle shall be submitted
to the Police Department and shall be accompanied by a registration
fee of $1.
B.Â
The application for registration of a pedalcycle shall be in such
form and require the disclosure of such information as the Police
Department may from time to time prescribe. However, the application
form shall require not less than the following disclosures:
(1)Â
The name and address of the owner of the pedalcycle;
(2)Â
A description of the pedalcycle by make, model, style, color and
wheel size;
(3)Â
The manufacturer's frame number or the frame number assigned
and imprinted by the Police Department on the pedalcycle; and
(4)Â
A statement, under the criminal penalties of § 4904 of
the Pennsylvania Crimes Code[1] relating to falsification of an unsworn statement to a
public official, that the person in whose name the pedalcycle will
be registered is the owner of the pedalcycle.
[1]
Editor's Note: See 18 Pa.C.S.A. § 4904.
A.Â
If the registration fee has been paid and all information required
by the application form has been disclosed to the satisfaction of
the Police Department, the Police Department shall inspect the pedalcycle
for which the application form was submitted to ensure that the pedalcycle
is in safe mechanical condition and any equipment required by the
Pennsylvania Vehicle Code[1] is in good working order.
B.Â
Registration procedure.
(1)Â
If the Police Department is satisfied that the pedalcycle and its equipment satisfy the requirements of Subsection A of this section, the Police Department shall:
(2)Â
The registration card may be a copy of the application form or a separate document. In either case, it shall show the same information as that required by § 91-3B(1), (2) and (3) and show the registration serial number imprinted on the registration tag. The registration serial number on the registration tag shall be noted by the Police Department on the counterpart of the application form to be retained by it for filing with its pedalcycle registration records.
C.Â
The registration tag shall be displayed in a conspicuous place on
the pedalcycle.
D.Â
The Police Department shall keep a record of all registration fees
collected by it and shall periodically remit those fees to the Administration,
Management and Financial Department of the Borough.
A.Â
If a registration tag or a registration card is lost, stolen, destroyed or mutilated or altered, it shall be the duty and responsibility of the person to whom the tag or card was issued to notify the Police Department of that fact and to submit a new application for registration to the Police Department, accompanied by the full registration fee; A new registration tag and a new registration card for the current year shall be issued by the Police Department upon compliance with and pursuant to the requirements of § 87-4.
B.Â
Neither a registration tag nor a registration card shall be transferable
to another pedalcycle or to another person.
C.Â
Upon the sale or other transfer of ownership of a registered pedalcycle,
it shall be the responsibility of the former registered owner to notify
the Police Department of that fact and to furnish the Police Department
with the name and address of the new owner.
D.Â
If the new owner is a resident of the Borough, it shall be his responsibility
to apply for registration of the pedalcycle.
Every person engaged in the Borough in the business of buying
or selling secondhand or used pedalcycles shall make a report to the
Police Department within seven days after each purchase or sale made
by the person of a secondhand or used pedalcycle, giving: a) the name
and address of the person from whom the pedalcycle was purchased or
to whom the pedalcycle was sold; b) a description of the pedalcycle
by make, model, style, color, wheel size, and frame number; and c)
the serial number of any registration tag found on the pedalcycle
and the name of the municipality which issued the registration tag.
Except for the removal or destruction of a registration tag
or registration card after the expiration of the current year for
which the tag or card was issued, it shall be unlawful for any person
to willfully or maliciously remove, destroy, mutilate or alter a frame
number on a pedalcycle or a registration tag or registration card
issued for a pedalcycle.
A.Â
B.Â
It shall be unlawful for any person who rides a pedalcycle on any
sidewalk, street, alley or highway in the Borough (or on any sidewalk,
road, path or lane in any park, playground, parking lot or other facility
owned or operated by the Borough) where pedalcycles are permitted
to be ridden, to:
(1)Â
Knowingly permit any person on a sled, cart, roller skates, or other
like apparatus or device to hold fast to, or attach the apparatus
or device to, the pedalcycle while it is being ridden.
(2)Â
Remove both hands from the handlebars or remove both feet from the
pedals or do or perform any acrobatic stunts, fancy riding or trick
riding.
(3)Â
Knowingly ride or permit another person to ride a pedalcycle which
is not in safe mechanical condition.
C.Â
It shall be unlawful for any person to ride or park a pedalcycle
upon private property in the Borough without the permission of the
owner or occupant of the property.
A.Â
Any person who violates any provision of this article shall, upon
conviction of the offense, be sentenced to pay a fine of $10 and the
costs of prosecution.
B.Â
For the purposes of the imposition of the fine and costs prescribed
by this section, the word "person," when applied to partnerships,
firms or associations, shall mean the partners or members thereof;
when applied to organizations or corporations, the officers thereof;
and when applied to other entities, the officers, officials or other
individuals responsible for managing the business or affairs of the
entity.
C.Â
For the purposes of this article and the imposition of the fine and costs prescribed by Subsection A of this section, the parent, guardian or other legal custodian of a minor who authorized or knowingly permitted the minor to violate a provision of this article shall be responsible for the violation by the minor.