Monday, March 01, 2010

Rewind: Bicycles, mopeds and the ordinances not governing them.

It doesn't look it or feel it today, but prime bicycling weather is about to return, and with it the opportunity to revisit this NAC posting from June 27, 2006.

In fact, I just saw my itinerant handyman peddling merrily up Spring Street in the northerly bike lane, going the wrong way, against traffic, oblivious to all and sundry. In other words, just like the drivers. As with the woman previously mentioned here, I'm not sure how we reach him. Perhaps, some day, education and a sense of community will have higher value than rental property ownership and King Larry's stained teacup.

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Nickels and dimes add up to fifty cents, right?

By popular demand, from the New Albany, Indiana, Code of Ordinances (TITLE VII: TRAFFIC CODE ... CHAPTER 73: BICYCLES AND MOPEDS), here are the bicycle "rules" for the city of New Albany.

***OPERATION OF BICYCLES

§ 73.01 OPERATING BICYCLE AT RIGHT-HAND EDGE OF ROADWAY.
All bicycles shall be operated as near as practicable to the right-hand edge of the roadway.
('71 Code, §73.12) (Ord. G-64-180, passed 11-9-64) Penalty, see § 73.99

§ 73.02 EMERGING FROM ALLEY; YIELDING RIGHT-OF-WAY.
The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching the sidewalk or sidewalk area. Upon entering the roadway, the operator shall yield the right-of-way to all vehicles approaching the roadway.
('71 Code, §73.13) (Ord. G-64-180, passed 11-9-64) Penalty, see § 73.99

§ 73.03 RIDING ON SIDEWALKS.
(A) It shall be permissible for any person to ride a bicycle within a residential district of the city. Such person shall yield the right-of-way at all times to pedestrians. ('71 Code, §73.14) (Ord. G-64-180, passed 11-9-64)
(B) No person shall ride a bicycle upon a sidewalk within a business district. ('71 Code, §73.15) (Ord. G-64-180, passed 11-9-64)
Penalty, see § 73.99

§ 73.04 OPERATING BICYCLE ON CERTAIN STREETS.
No person shall ride or propel any bicycle upon any sidewalk within the city bounded by the west side of State Street or the east side of Bank Street, the south side of Main Street to the north side of Elm Street; nor on Vincennes Street from Oak Street to Main Street.
('71 Code, §73.31) (Ord. 4120, passed 3-6-39) Penalty, see § 73.99

§ 73.05 REASONABLE SPEED.
No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. Every bicycle shall be operated with reasonable regard to the safety of the rider and of other persons or property.
('71 Code, §73.19) (Ord. G-64-180, passed 11-9-64) Penalty, see § 73.99

§ 73.06 OPERATING UNDER INFLUENCE OF ALCOHOL OR DRUGS.
No person shall operate a bicycle while under the influence of liquor or drugs, or while physically or mentally unfit to safely operate the same.
('71 Code, §73.20) (Ord. G-64-180, passed 11-9-64) Penalty, see § 73.99

§ 73.07 LEAVING BICYCLE UNATTENDED.
No person shall leave a bicycle unattended upon any sidewalk, in the areas provided in §73.18, unless a regular parking stand is available for the purpose of parking such bicycle.
('71 Code, §73.29) (Ord. 4120, passed 3-6-39) Penalty, see § 73.99

§ 73.08 PLACEMENT OF BICYCLE PARKING STAND.
All such bicycle parking stands must be placed at the outer edge of the sidewalk, and must be removed from the sidewalks at sundown.
('71 Code, §73.30) (Ord. 4120, passed 3-6-39) Penalty, see § 73.99

§ 73.09 BICYCLE TO BE IN SAFE CONDITION.
No person shall operate a bicycle which is not in safe mechanical condition.
('71 Code, §73.07) (Ord. G-64-180, passed 11-9-64) Penalty, see § 73.99

§ 73.10 BICYCLE WHEEL NOT TO EXCEED CERTAIN DIAMETER.
No person shall operate a bicycle with a wheel diameter greater than 15 inches on any street, sidewalk, alley or other public place, unless such bicycle has been licensed by the city and the proper license is attached thereto as provided by this chapter.
('71 Code, §73.01) (Ord. G-64-180, passed 11-9-64) Penalty, see § 73.99

***LICENSING

§ 73.20 LICENSE REQUIRED BEFORE OPERATING BICYCLE.
No person shall ride or propel a bicycle upon any public highway, street, boulevard or other public place in the city, unless the same shall be licensed as herein provided.
('71 Code, §73.28) (Ord. 4120, passed 3-6-39) Penalty, see § 73.99

§ 73.21 APPLICATION FOR LICENSE.
Application for license shall be made by the owner. If the owner is under 12 years of age, application shall be made by the owner's parent or guardian, in the office of the City Controller upon forms provided by the city.
('71 Code, §73.02) (Ord. G-64-180, passed 11-9-64)

§ 73.22 RECORD OF CERTAIN DATA TO BE KEPT.
The City Controller shall make a record of the number of each license, the date issued, the name and address of the person to whom issued and the number on the frame of the bicycle, for which he shall collect a fee for the city of $.50.
('71 Code, §73.03) (Ord. G-64-180, passed 11-9-64)

§ 73.23 ISSUANCE OF A BICYCLE LICENSE.
Upon receiving proper application, the City Controller is authorized to issue a bicycle license which shall be valid during one calendar year; provided, however, that it shall be lawful to retain such license of the year last past until, but not including March 1 of the current calendar year, at which time, the old license expires and a new license must be obtained.
('71 Code, §73.04) (Ord. G-64-180, passed 11-9-64)

§ 73.24 ATTACHMENT OF LICENSE TO BICYCLE.
The license shall be firmly attached to the rear of the bicycle so as to be plainly visible.
('71 Code, §73.05) (Ord. G-64-180, passed 11-9-64) Penalty, see § 73.99

§ 73.25 NONTRANSFERENCE OF LICENSE.
Upon the sale or other transfer or destruction of a licensed bicycle, the license shall either be surrendered to the City Controller, or may be assigned to another bicycle upon proper application, but without payment of any additional fee. A license issued for a particular bicycle shall not be attached to a different bicycle.
('71 Code, §73.06) (Ord. G-64-180, passed 11-9-64) Penalty, see § 73.99

13 comments:

  1. So, do out of town cyclists have to get a tag for their bicycles as well? and if so where do I go to get my tag and what is the current cost of said tag? and is the form down-loadable so I can save time?

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  2. The government must help to eliminate cars so that bicycles can help to eliminate government.

    A Dutch slogan and still one of my favorites.

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  3. Are you telling me that no one in this city can erect a permanent bicycle stand on the sidewalk? How about on the street?

    Oh, and can I see your bicycle license?

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  4. Huh, didn't know we had a bicycle license ordinance. Would they even know what to do with someone who requested one? Lots of potential comedy here...

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  5. Kay Garry is, we're told, "required" to be at the city council meeting tonight. I'll ask for a copy of the form, turn it into a .pdf, and try to find a place to host it.

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  6. Oh it gets better:

    § 73.99 PENALTY.

    (A) Whoever violates any provision of this chapter for which another penalty is not already provided shall be fined not less than $1, nor more than $50.

    (B) Whoever violates any provisions of §§ 73.04, 73.06, 73.07 and 73.20, shall have his or her license revoked for not less than two days nor more than 30 days for a first conviction; for a second or subsequent conviction, the person shall be fined not more than $25.

    (C) Whoever violates any of the provisions of §§ 73.35 through 73.39 shall be fined not less than $20, nor more than $100.

    (Ord. 4120, passed 3-6-1939; Ord. G-64-180, passed 11-9-1964; Ord. G-90-210, passed 2-15-1990)

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  7. Maybe we can have a design contest for the new licenses, since they have to be attached to the bike.

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  8. Would the "IGWT" license be the default, the only, or one of several choices?

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  9. My favorite part:

    No person shall operate a bicycle while under the influence of liquor or drugs, or while physically or mentally unfit to safely operate the same.

    What's the test for 'mentally unfit' to safely operate a bicycle?

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  10. Hey, what if you don't have a bicycle, but want to ride one on occasion? I have my 50 cents ready, but not bike to "permanently affix" it to.

    And yes, I am over 12, so my daddy doesn't have to apply for me.

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  11. We should all go register our bicycles in New Albany. Since such programs run at a deficit, the law will be repealed as a cost-saving measure.

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  12. I think the best way to go about it is to find a friendly Public Servant (aka Police Officer) and get them to write you a ticket (for say, 73.07) and then when you go to court, describe your inability to get the City Controller to furnish you with the proper form to license your bicycle.

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  13. I talked to Kay Garry last evening. In a pleasant, light-hearted conversation, she expressed some surprise that her office was responsible for such.

    She promised that she'd get that form for me just as soon as she was unburdened from two ongoing audits. What a nice woman.

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