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37-75 ORDINANCE NO. 37 -75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REGULATING THE OPERATION OF BICYCLES; REQUIRING THE LICENSING OF BICYCLES; ESTABLISHING A LICENSE FEE FOR BICYCLES; PROVIDING FOR THE SALE OF SEIZED BICYCLES; PROCESSING OF JUVENILE OFFENDERS; PROVIDING A PENALTY FOR VIOLA- TIONS OF BICYCLE REGULATIONS; PROVIDING A SAVING CLAUSE. WHEREAS, the City of Delray Beach does not now have any regulations concerning the licensing, identification and regulation of bicycles; and, WHEREAS, without such regulations it is difficult to identify stolen bicycles and return them to their lawful owners; and, WHEREAS, without inspections required by law, adults and children of the City of Delray Beach will be utilizing bicycles that are unsafe; and, WHEREAS, it is the opinion of the City Administration and the City Council that such regulations should be enacted and enforced, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Application of Ordinance. This ordinance applies to every highway, street, road, alley, sidewalk and bicycle path in the City of Delray Beach including parking lots, park areas, beach, recreational areas and open spaces; and to all shopping plazas, public parking areas and every other way within the corporate limits of the City of Delray Beach which is open to the use of the public as a matter of right or by expressed or implied invitation of the owner for the purposes of vehicular or pedestrian traffic. Section 2. Bicycle Defined. A bicycle is any device propelled by human power upon which any person or persons may be seated to ride, which has one, two or three wheels, either of which is sixteen (16") inches or more in diameter. It shall include devices known as unicycles and tricycles as well as bicycles, and shall include any device generally recog- nized and referred to as a bicycle, although it may be equipped with two front or two rear wheels. Section 3. License Required for Bicycles. No person shall ride or propel a bicycle unless such bicycle has been licensed as required hereunder, or unless it is owned by a non-resident of Delray Beach and is duly licensed and registered by such owner according to the requirements or ordinances of his or her place of residence. Section 4. Application for License and Fee. (a) Application for a bicycle license shall be made upon a form provided by the City and made to the Director of Finance of the City of Delray Beach, by and through the employees and agents of the City Police Department. An annual license fee of one dollar ($1.00) shall be paid to the City before each license or renewal thereof is granted, except as set forth below. (b) Waiver of Fee. (1) Bonus period - if an applicant applies for a license and successfully passes the requirements therefor between a period 45 to 30 days prior to the expiration date for licenses or 45 through 30 days prior to the application date for the initial licenses to be issued under this ordi- nance, then there shall be no fee chargeable to said applicant for this issuance of the license. (2) Successful completion of Bicycle Safety Clinics - upon presentation of proof of successful completion of a bicycle safety clinic approved by the employees and agents of the City Police Department administering this ordinance, an applicant, upon meeting the other requirements set forth herein, shall be entitled to the issuance of a license without charge. Section 5. Issuance of License and Record Keeping. (a) The Police Department upon receiving proper application and the fee therefor is authorized to issue a bicycle license which shall be effective for a period of one (1) calendar year, except the initial licenses issued hereunder which must be procured by September 30, 1975, and will be effective until midnight, December 31, 1976. (b) No license shall be issued for a bicycle where the Police Department's employee or agent in charge knows or has reasonable ground to believe that the applicant is not the owner or is entitled to possession of such bicycle. (c) The Police Department shall keep a record of the number of each bicycle license issued, the date of issue, the name and address of the person to whom issued, the number on the frame of the bicycle for which issued, the model or manufacturer's name if that can be determined, and the amount of the fee collected for such license. (d) If a bicycle to be licensed does not have a permanent number affixed to the frame (serial number), the Police Department shall affix such a number and keep a record thereof. Section 6. License Plates or Tags for Bicycles. (a) Upon issuance of a bicycle license, the Police Department shall issue a license bearing the license number assigned to the bicycle, the expiration date thereof and containing the legend that it is issued for the City of Delray Beach. (b) The Police Department shall cause or require such license to be firmly attached in a uniform position on the bicycle for which issued so as to be plainly visible and prominently displayed. (c) No person shall remove a license from a bicycle during the period for which issued, except upon a transfer of ownership or final disposal or scrap thereof. Section 7. Bicycle Inspection. The Police Department shall cause to be inspected each bicycle before licensing the same and shall refuse a license for any bicycle which is determined to be in an unsafe mechanical condition or lack- ing any of the safety equipment as may be required hereunder. -2- Ord. No. 37-75. Section 8. License Renewal. Owners and operators of bicycles required hereunder to apply for a license shall at all times have a current effective bicycle license affixed to their bicycle. It shall be the responsibility of said owners and operators to apply for and receive license renewal in sufficient time each year so that their existing license does not'lapse prior to such renewal. Section 9. Transfer of Ownership. Upon the sale or transfer of a licensed bicycle, the licensee shall remove the license and shall surrender the same to the Police Department. Section 10. Report of Sale of Bicycles. (a) Any person, firm or corporation engaging in the business of buying or selling bicycles shall make a report to the Police Department of every bicycle purChased or sold, giving the name and address of the person from whom purchased and to whom sold, a des- cription of such bicycle by name, or make, the frame number thereon and the number of the license, if any, found thereon. (b) The reports required by this section shall begin September 30th, 1975, and shall thereafter be furnished not later than the 28th of each month. (c) The initial report shall cover tke period beginning Septem- ber 1st and ending the date the report is being made. (d) Subsequent reports shall cover the period beginning the day after the previous month's report through the date the current report is being made. Section 11. Abandoned Bicycles - Duty of Police to Take Possession; Notification of Owner, if Known. When any bicycle shall remain upon any public street or other public way, public park or other public grounds of the City for a continuous period of forty-eight (48) hours or more, or reasonably appears to be abandoned, such bicycle shall be taken possession of by the Chief of Police or any policeman of the City and stored at some convenient place. If the owner of such bicycle be known, he shall at once be notified that the bicycle is in the custody of the Police Department and directed to repossess himself of such bicycle within 10 days and that if he does not, that the bicycle will be sold and the proceeds disposed of as provided by general law. Section 12. Seized Bicycles. When a bicycle is seized by the Police Department pursuant to an investigation involving a violation of law, the Police Department, after it no longer requires the possession of said bicycle for evi- dence or other legitimate purposes connected with said investigation, shall notify the owner of the bicycle, if known, to repossess himself of such bicycle within 10 days and that if he does not that the bicycle will be sold and the proceeds disposed of as set forth below. Section 13. Sale of Seized Bicycles. If the residence or address of the owner cannot be ascertained or the owner fails to take possession of the bicycle within ten (10) days after the mailing of notice provided for in the preceding sec- tion, such bicycle shall be sold at public auction by the City Clerk -3- Ord. No. 37-75. at some place within the City, but, prior to the sale, a notice shall be published in some newspaper published in the City, publication to be at least ten (10) days prior to the date of sale. Such notice shall give the time, place and nature of the sale, including a general' description of the article to be sold. The City shall not guarantee or warrant a title to such bicycle, but instead shall furnish the purchaser a suitable receipt of purchase at auction. Section 14. Rights of the Owner. The owner of a seized bicycle may take possession of the same at any time prior to the sale, provided for in the preceding section, but such person shall reimburse the City for all reasonable expenses for storage, advertising or other expense incurred in connection therewith. Section 15. Proceeds from Sale of Seized Bicycles. If any seized bicycle shall be sold as provided in this ordi- nance, the proceeds of such sale, after paying all the costs actually expended for advertising or otherwise in such sale, shall be deposited in the account of the City of Delray Beach in the same manner as any other item of City Funds. Section 16. Bicycle Regulations. (a) Every person riding a bicycle shall be granted all of the rights and be subject to all of the duties applicable to the driver of a vehicle, except as to special regulations in this ordinance. (b) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat-attached thereto. Lc) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (d) No person riding upon any bicycle shall attach the same or himself to any vehicle. (e) Every person operating a bicycle shall ride with the flow of traffic as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (f) Persons riding bicycles shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the ex- clusive use of bicycles, ~g) Any person operating a bicycle shall keep at least one hand upon the handlebars. (h) Any person riding a bicycle approaching a pedestrian from the rear shall warn such pedestrian of such approach by giving a clearly audible or vocal warning at least fifty (50) feet from said pedestrian. ti) Bicycle riders in all cases shall yield the right-of-way to pedestrians lawfully present upon any bicycle path, sidewalk or in the crosswalk of any street. (j) This section shall not apply upon any street while set aside as a play or recreation street authorized by this ordinance or designated by the state, county or City of Delray Beach. -4- Ord. No. 37-75. Section 17. Bicycle Safety Equipment Required. (a) No person shall operate a bicycle unless it is equipped with a bell or horn or warning device capable of giving a clearly audible signal for a distance of at least fifty (50) feet in all directions. (b) Every bicycle shall be equipped with a good and sufficient mechanical brake which will enable the operator to make a safe and controlled stop frOm a moving position sufficient to make the braked wheel skid on dry, level and clean concrete or asphalt pavement. Lc) After sundown, every bicycle shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred (500) feet to the front and a lamp on the rear exhibiting a red light visible from a distance of five hundred (500) feet to the rear, except that a red reflector meeting the re- quirements of this section may be used in lieu of the red light. All such lamps and reflectors shall be in place and in operation when- ever a bicycle is operated after sundown. The lights provided for hereunder may be either the fixed or removable type. Section 18. Parental Responsibility. No parent of any minor child and no guardian of any minor ward shall authorize or knowlingly permit any such minor child or ward to violate any of the provisions of this ordinance. Section 19. Penalties for Violation of Bicycle Regulations. (a) By non-juvenile offender - Any person not a juvenile, as such is defined by the laws of the State of Florida, found guilty of ~a violation of any provisions hereof shall be punished by a fine of not more than $25.00. (b) By a juvenile offender - Any person who is a juvenile, as such is defined by the laws of the State of Florida found guilty of a violation of any provisions hereof shall be punished by the court ordering the bicycle owned, operated or in the control of said minor to be impounded in the care and custody of the Police Department of the City of Delray Beach for such period as the court may determine, but in any event not to exceed sixty (60) days. The court may also issue a reprimand in writing directed to the said minor or his parents or guardian, or both, concerning the gravity and seriousness of the offense committed. (cl Duty to appear - Any persons charged with a violation of any provision of this ordinance which is adopted as an ordinance of the City of Delray Beach and who has been released on his or her own recognizance, and nevertheless fails to appear in the Municipal Court of the City of Delray Beach on the date and time set or designated, shall be guilty of a violation of the Code of Ordinances of the City of Delray Beach and shall be subject to punishment therefore in accordance with the provisions of Section 1-6 of the Code of Ordi- nances of the City of Delray Beach. Section 20. Separability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. -5- Ord. No. 37-75. Section 21. Authority to Codify. The above ordinance is hereby adopted and shall be codified in the Code of Ordinances of the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of August , 1975. ATTEST: City Clerk First Reading. July 28, 1975 Second Reading August 25, 1975 -6- Ord. No. 37-75.