Chapter 6 – Bicycles

Last updated October 2007

Articles:

6.ED       Editor’s note to Chapter 6

6.04        In General

6.08        Operation

Article 6.ED Editor’s note to Chapter 6

Sections:

6.ED.010               Editor’s note to Chapter 6

Section 6.ED.010       Editor’s note to Chapter 6

            As to motor vehicles and traffic, see Ch. 23 of this Code. As to attaching bicycles to vehicles on roadways, see § 23.08.060.

Article 6.04 In General

Sections:

6.04.010               Permitting child to violate article; applicability of chapter generally

6.04.020               Licenses–Required

6.04.030               Same–Application

6.04.040               Same–Issuance; term; records kept by chief of police

6.04.050               Same–Destruction, defacement or loss of license

6.04.060               License plates or decals–Issuance and form

6.04.070               Same–Attachment; removal

6.04.080               Rentals

6.04.090               Records of purchases and sales by dealers

6.04.100               Equipment–Lamps

6.04.110               Same–Aural warning devices

6.04.120               Same—Brakes

Section 6.04.010         Permitting child to violate article; applicability of chapter generally

            The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter.

            The regulations applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated in this chapter. (Ord. No. 483, art. 11, § 20-100.)

Section 6.04.020         Licenses–Required

            No person who resides within the city shall ride or propel a bicycle on any street or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate or decal is attached thereto as provided in this chapter. (Ord. No. 483, art. 11, § 20-101.)

            For state law as to authority of city to fix amount, terms, etc., of licenses, see NDCC, § 40-05-01.

Section 6.04.030         Same–Application

            Application for a bicycle license and license plate or decal shall be made upon a form provided by the city and shall be made to the city auditor. The city auditor may designate local business establishments who sell, maintain, or repair bicycles as licensing facilities provided that said local business establishments shall issue said licenses in accordance with appropriate forms, rules and regulations as provided to them by the city auditor.

(a)        A nonrefundable license fee shall be paid to the city before each license is granted. Said license shall constitute a permanent license until transferred when the ownership of the bicycle changes. Upon a transfer of ownership a nonrefundable license fee shall be paid to the city for said transfer thereof. The amount of the license fee shall be determined from time to time by the board of city commissioners and shall be on file in the office of the city auditor in the city fee schedule. (Ord. No. 483, art. 11, § 20-102; Ord. No. 642, § 4; Ord. No. 1051, § 1; Ord. No. 1086, § 3.)

Section 6.04.040         Same–Issuance; term; records kept by chief of police

            The city auditor upon receiving proper application is authorized to issue a bicycle license which shall be effective until transfer of ownership of said bicycle.

            The city auditor shall not issue a license for any bicycle when he knows or has reasonable ground to believe that the applicant is not the owner of or entitled to the possession of such bicycle.

            The city auditor shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, the number on the frame of the bicycle for which issued and a record of all bicycle license fees collected by him. (Ord. No. 483, art. 11, § 20-103; Ord. No. 1051, § 2.)

Section 6.04.050         Same–Destruction, defacement or loss of license

            Upon the destruction, defacement or loss of any bicycle license, a new license plate or decal can be obtained upon a showing of proof of ownership of bicycle and payment of the same fee as upon an original application. (Ord. No. 483, art. 11, § 20-106; Ord. No. 1051, § 3.)

Section 6.04.060         License plates or decals–Issuance and form

            The city auditor upon issuing a bicycle license shall also issue a license plate or decal bearing the license number assigned to the bicycle, the name of the city and the calendar year for which issued. (Ord. No. 483, art. 11, § 20-104; Ord. No. 1051, § 4.)

Section 6.04.070         Same–Attachment; removal

            The license holder shall cause such license plate or decal to be firmly attached to the rear mudguard or frame of the bicycle for which issued in such position as to be plainly visible from the rear.

            No person shall remove a license plate or decal from a bicycle during the period for which issued, except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated upon any street in this city. (Ord. No. 483, art. 11, § 20-104; Ord. No. 1051, § 5.)

Section 6.04.080         Rentals

            A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate or decal is attached thereto as provided in this chapter and such bicycle is equipped with the lamps and other equipment required in this article. (Ord. No. 483, art. 11, § 20-107.)

Section 6.04.090         Records of purchases and sales by dealers

            Every person engaged in the business of buying or selling new or secondhand bicycles within the city shall keep a record of every bicycle purchased or sold by such dealer, giving the name and address of the person from whom purchased or to whom sold, a description of such bicycle by name or make, the frame number thereof and the number of license plate or decal, if any, found thereon. Such record shall be made available to the city auditor at reasonable times and hours. (Ord. No. 483, art. 11, § 20-108; Ord. No. 1051, § 7.)

Section 6.04.100         Equipment–Lamps

            Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least five hundred feet to the front and with a red reflector on the rear of a type which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of handlamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. (Ord. No. 483, art. 11, § 20-119.)

            For similar state law, see NDCC, § 39-10-63.1.

Section 6.04.110         Same–Aural warning devices

            No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet; except, that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle. (Ord. No. 483, art. 11, § 20-119.)

Section 6.04.120         Same–Brakes

            Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. (Ord. No. 483, art. 11, 20-119.)

            For similar state law, see NDCC, § 39-10-63.1.

Article 6.08 Operation

Sections:

6.08.010               Compliance of riders with laws, etc., governing vehicles

6.08.020               Obedience to traffic control devices

6.08.030               Propelling; number of riders permitted

6.08.040               Proper side of road; passing other vehicles; riding two abreast; use of paths adjacent to roadways

6.08.050               Speed

6.08.060               Emerging from alleys, driveways or buildings

6.08.070               Clinging to vehicles

6.08.080               Carrying articles

6.08.090               Parking

6.08.100               Riding on sidewalks generally

Section 6.08.010         Compliance of riders with laws, etc., governing vehicles

            Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this state declaring rules of the road of the city applicable to vehicles or by the traffic provisions of this Code or other ordinances of the city applicable to the driver of a vehicle, except as to special regulations in this article and those provisions which by their nature can have no application. (Ord. No. 483, art. 11, § 20-109.)

            For similar state law, see NDCC, § 39-10-02.1. As to motor vehicles and traffic generally, see Ch. 23 of this Code.

Section 6.08.020         Obedience to traffic control devices

            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 police officer.

            Whenever authorized signs are erected indicating that no right, left or U turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians. (Ord. No. 483, art. 11, § 20-110.)

Section 6.08.030         Propelling; number of riders permitted

            A person propelling a bicycle shall not ride other than 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. (Ord. No. 483, art. 11, § 20-111.)

            For similar state law, see NDCC, § 39-10-60.

Section 6.08.040         Proper side of road; passing other vehicles; riding two abreast; use of paths adjacent to roadways

            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 path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. (Ord. No. 483, art. 11, § 20-112.)

            For similar state law, see NDCC, § 39-10-62.

Section 6.08.050         Speed

            No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Ord. No. 483, art. 11, § 20-113.)

Section 6.08.060         Emerging from alleys, driveways or buildings

            Upon approaching a sidewalk or the sidewalk area extending across any alleyway, the operator of a bicycle emerging from an alley, driveway or building shall yield the right-of-way to all pedestrians approaching on such sidewalk or sidewalk area and upon entering the roadway, shall yield the right-of-way to all vehicles upon such roadway. (Ord. No. 483, art. 11, § 20-114.)

Section 6.08.070         Clinging to vehicles

            No person riding upon any bicycle shall attach such bicycle or himself to any vehicle upon a roadway. (Ord. No. 483, art. 11, § 20-115.)

            For similar state law, see NDCC, § 39-10-61.

Section 6.08.080         Carrying articles

            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. (Ord. No. 483, art. 11, § 20-116.)

            For similar state law, see NDCC, § 39-10-63.

Section 6.08.090         Parking

            No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb in such a manner as to afford the least obstruction to pedestrian traffic. (Ord. No. 483, art. 11, § 20-117.)

Section 6.08.100         Riding on sidewalks generally

            No person shall ride a bicycle upon a sidewalk within a business district.

            No person fifteen or more years of age shall ride a bicycle upon any sidewalk in any district.

            Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. (Ord. No. 483, art. 11, § 20-118.)

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