HomeMy WebLinkAboutOrd1999-015
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-15
Chapter 11.45 Bicycles. skateboards. scooters. rollerskates. sleds. and toy vehicles and
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11.45. Definitions
11.45.010 Compliance with and applicability of chapter.
11.45.015 Traffic regulations applicable to persons riding bicycles.
11.45.020 Riding on bicycles.
11.45.025 Clinging to vehicles.
11.45.030 Riding on roadway.
11.45.035 Carrying articles.
11.45.040 Lamps and other equipment on bicycles.
11.45.045 Biqdel> in the bu5in~u did.;d. Use restricted.
11.45.060 Safe operation.
11.45.060 Penalties.
11.45.060 Exemption from the provisions of this chaoter
11.45.110 Purpose The use of non motorized recreational vehicles and devices in a space designed
principallv for pedestrians or motorized vehicular traffic presents a potential danger to the safety and
welfare of all users. The intent of the City in adopting this ordinance is to promote the safe use and
operation of non motorized. recreational vehicles and devices. with due regard to the safety and rights
of others. The provisions that follow are enacted to ensure that there is no unreasonable interference
with the flow of pedestrian and vehicular traffic. and the safe use of pedestrian space.
11.45.0.00 Definitions The following words. terms and phrases. when used in this article. shall have
the meanings ascribed to them in this section. except where the context clearly indicates a different
meamng:
Multi-use path (also Bike path) means an off-road hard surfaced path which mav be separated from
motorized vehicle traffic by an open space or barrier. A multi-user path is used exclusively for
pedestrians. and anv human-powered vehicles or devices.
Rollerskate means any footwear or device which may be attached to the foot or footwear. to which
_tJ See See. 7.19.631 as te restFietieAs eA seeks iA tile slfIalllleat Ilamer.
CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-15
wheels are attached to aid the wearer in moving or for propulsion. includinll; in-line skates. roller
blades. and ski skates.
Scooter (also Coaster) means device consisting; of a narrow board of any material. mounted on two
tandem wheels. with an upright steering handle. and designed to be propelled by coasting or pushing
with the operator's foot.
Skateboard means a device consisting of a short narrow board of any material. which is designed to
be ridden and propelled bv a person: has at least two (2) tandem wheels attached to it. and has no
fixed braking; device nor mechanism to turn or control the wheels (includes wheeled snowboard)
Sled (also Sleieh or Tobo~l!an) means a vehicle on runners or designed with a smooth bottom
surface used for transporting \lersons or g;oods on snow or ice.
Street (also Hia=hway. Road. Roadwav. or Thorouehfare) means the part of the public right of
way that is improved. designed or ordinarilv used for motor vehicle traffic. but does not include the
shoulder. and where a street includes two or more separate streets. the term street refers to any one
street separatelv and not to all streets collectively.
Toy Vehicle means a less than full size vehicle designed for use by children. not intended to be
licensed and propelled by gravity or oedals. Includes soap box derbv type cars.
Tricvcle means a vehicle having three (3) wheels in contact with the ground any of which is more
than sixteen (16) inches in diameter. a steering handle. at least one saddle seat. and is propelled by
the action of the rider's feet upon pedals.
Unicycle means a mechanical device with one wheel and pedals by which it is propelled solelv by the
rider
Vehicle. non motorized means a mechanical device of conveyance {lrovided with wheels or runners.
used to carry people or goods and designed to be propelled by coasting. or the oedaling; or oushing;
action of the operator.
11.45.010 Compliance with and applicability of chapter.
A. It is a hnsdemeanol violation for any person to do any act forbidden or fail to perform
any act required by these regulations.
B. These regulations, applicable to hicycles, shall apply whenever a bicycle. skateboard or
other non motorized vehicle as defined in this chapter is operated upon any highway, public roadway,
sidewalk. multi-purpose or bike oath. boardwalk. or other city oropertv. including; but not limited to
parks. city parking lots. or alleyway~. (Ord. 368, ~ 13.149, 1969)
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-15
11.45.015 Traffic regulations applicable to persons riding bicycles.
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be
subject to all ofthe duties applicable to the driver of a motor vehicle in these regulations, except as
to special rules in this chapter and except as to those provisions ofthese regulations which by their
nature can have no application. (Ord. 368, ~ 13.150, 1969; Ord. 610, 1988)
11.45.020 Riding on bicycles.
A. A person propelling a bicycle shall not ride, other than upon or astride, a permanent and
regular seat attached thereto.
B. No bicycle shall be used to carry more persons at one time than the number for which it
is designed and equipped. (Ord. 368, 9 13.151, 1969)
11.45.025 Clinging to vehicles prohibited.
A. No person riding upon any bicycle, "vAster scooter, rollerskates, sled, skateboard or toy
vehicle shall attach the same or himself to any vehicle upon a roadway. (EoI slmilAI plovisions, see
911.01.0(0) (Ord. 368, 913.152,1969)
B. No operator of any vehicle shall knowiUldv tow or draw any person riding uoon any
bic cle coastel scooter sled rollerskates s ard to vehicle or other similar vehicle on a
11.45.030 Riding on roadway.
A. Every person operating a bi"yc1e vehicle described in this chaoter upon a roadway shall
ride 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.
B. Persons riding bi"ycles upon a roadway shall not ride more than two abreast except on
parts of roadways set aside for the eAdusive such use~ vfbicyc1es.
C. Wherever a useable multi-puroose path tOl bicydts has been provided adjacent to a
roadway, [bic)c1e] riders shall use such path and shall not use the roadway.
D. p(,j"on!.lidillg~icy~l~sil1JhG[b.l1"il~essd.istl;ctsllIlI1I1Se the 10ad~llJ and shallllot ride II
bkyde 011 tit(, sidevnlks (~il~lj~itltj.ill~iti:;~;lii) (Ord. 368, 913.153, 1969)
11.45.035 Carrying articles.
No person operating a bicycle shall carry any package, bundle or article which prevents the
driver from keeping at least one hand upon the handlebars. (Ord. 368, 9 13.154,1969)
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11.45.040 LAmp!! And Gth~. ~qbiplllellt on bi'-,....u Safety equipment.
A. 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 lease five hundred feet to the front and with a red
reflector on the rear, of an approved type which shall be visible from all distances fifty to three
hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor
CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-15
vehicle. A lamp emitting a red light visible for a distance offive hundred feet to the rear may be used
in addition to the red reflector.
B. 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.
C. Every bicycle shall be equipped with a brake which will enable the operator to make the
braked wheels skid on dry, level, clean pavement. (Ord. 368, ~ 13.155, 1969)
11.45.045 BkcJdes ;,. tile bUlliness d;sl.;ct Use restricted.
A. A pc.1501l shtdlln')t pI opel It bicyGle dpon the side..afls iI. the bd1.mcM mstlia ~hile liding
upon 01 ast.idc. of It biGyde. No person shall ride a bicycle.. skateboard. skates or other non
motorized vehicle defined in this chapter upon the following:
1. Sidewalks within the downtown business area bounded by and includinl!: both sides of Fifth
Avenue. Railway Avenue. Third Avenue and Jefferson Street.
2. Sidewalks and boardwalks within the harbor business area bounded bv and includinll Third
Avenue. South Harbor Street. the harbor basin and Port Avenue.
3. Public plazas. including. but not limited to the Harbor Plaza and the SeaLife Center Plaza.
4. Anv non-motorized vehicle desi~ned for and being used for the transoortation of infants.
m thi se
B. A person moving or transporting a bicycle upon the ~ sidewalk or boardwalk of the
busiI.ess dis~.;g . . .. hall be dismounted.lIll(i.~hllll wll~l<,ll~on . e of
l;e~'L~ ,I"
C. Extreme caution shall be used while riding or moving a bicycle or other vehicle described
in this chaoter ill the business district so as to not endanger persons or property.
D. Persons stopping, standing or parking a bicycle in tln~ business dish iGt shall use ~ lteMt lots
bicycle racks when plltc,t;ccilile available or shall park 0" tile side..alk using cautiollas to not obstfl,!S!.
the sidewalk dwal to pedestrian traffic. (Ord. 368 ~ 13.156 1969) .....fj
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11.45.050 Safe operation.
A. A person usinl!: a device or vehicle set out in this chapter shall use the same in a careful
and prudent manner and at a rate of speed no greater than is reasonable and proper under the
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CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-15
conditions. taking into account the amount and character of both motorized vehicle and pedestrian
traffic. the grade. width and surface condition of the street. sidewalk or public oath. and shall obey
all traffic-control devices. A oerson using such a device. where allowed. shall Yield the right-of-way
to any oedestrian and motorized vehicle.
B. Negligence shall be presumed if a oerson operating such non-motorized vehicle is not
wearing approoriate safety gear or following posted rules in a skateboard Dark or other area set aside
by the citv for such use.
11.45.055 Penalties.
A. A violator of this chapter shall. upon conviction. be subiect to the following minimum
fines:
1. First conviction - twenty-five ($25) dollars:
2. Second violation within a five-year period. fifty ($50) dollars and the court may
order forfeiture of the vehicle or device.
3. Upon a third conviction within a five-year oeriod. two hundred ($200)dollars and
forfeiture of the device.
B An exception to forfeiture in 2. and 3. above may be made if it is ?roven to the court that
the defendant is not the owner of the device and the owner did not or could not have reasonably
known that the device would be ridden in violation of this ordinance.
C. When a law enforcement officer has probable cause to believe a device was used or is
being used in violation of this section. the device may be seized as evidence and held until the
disposition of the charge.
Section. This ordinance shall take effect ten (10) days following its enactment.
ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this
11 day of October, 1999.
THE CITY OF SEWARD
Lowell R. Satin
Mayor
AYES:
NOES:
ABSENT:
None
Blatchford, Callahan, Gage, King, Orr, Shafer, Satin
None
CITY OF SEWARD, ALASKA
ORDINANCE NO. 99-15
ABSTAIN: None
ATTEST:
Patrick Reilly
City Clerk
(City Seal)