CHAPTER 11.48. BICYCLES*
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*Cross references: As to carrying another person upon handlebars, frame, etc., see § 11.40.100. As to brake on bicycle with motor, see § 11.60.180. As to siren or whistle on bicycle, see § 11.60.190.
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Sec. 11.48.020. License required and license fee.
Sec. 11.48.030. License representatives.
Sec. 11.48.040. Display of licenses.
Sec. 11.48.050. Wilful destruction or alteration of licenses or serial numbers prohibited.
Sec. 11.48.060. Transfer of license.
Sec. 11.48.070. Replacement of lost or destroyed license.
Sec. 11.48.080. Duties of dealers in bicycles.
Sec. 11.48.090. Lamps, brakes and other equipment on bicycles.
Sec. 11.48.100. Subject to traffic-control devices and traffic regulations.
Sec. 11.48.120. Riding on roadways and bicycle paths--Turns and stop signals.
Sec. 11.48.130. Carrying passengers.
Sec. 11.48.150. Hitching to moving vehicles.
Sec. 11.48.160. Bicycles and human-powered vehicles on sidewalks.
Sec. 11.48.170. Parking of bicycles.
Sec. 11.48.175. Impounding, leaving unattended and revocation of license.
Sec. 11.48.180. Sale of unclaimed or impounded bicycles.
Sec. 11.48.190. Taking without consent of the owner.
Sec. 11.48.200. Penalties for violation of this chapter.
(a) Bicycle. "Bicycle" means every vehicle propelled by human power upon which any person may ride having two or more wheels, any of which is more than twenty inches in diameter.
(b) Bike path. "Bike path" means a path or road especially for bikes physically separated from car traffic.
(c) Bike lane. "Bike lane" means a clearly marked lane on the side of a street or road, separated from autos by a paint stripe or raised divider.
(d) Bike route. "Bike route" means a route designated on streets having low traffic volume, marked by signs and/or paint on the street.
The regulations of this chapter applicable to bicycles shall apply whenever a bicycle is operated upon any sidewalk, street, roadway, highway, or upon any public path set aside for the exclusive use of pedestrian and bicycle traffic, and shall also include all public parks and playgrounds or other property under the ownership, jurisdiction or control of the city, the board of park commissioners or any other agency created to provide a public service in or adjacent to the city.
(Ord. No. 35-678 (part))
Sec. 11.48.020. License required and
license fee.
It is unlawful for the owner or the parent or legal guardian of any minor child to authorize or knowingly permit any such minor child to violate any of the provisions of this chapter, further, it shall be the responsibility of such owner, parent, or guardian to obtain or cause to be obtained, a license for every bicycle under their care or control.
Before operating the bicycle on the sidewalks, streets, parks, bike paths, or public highways of the city, a license shall be obtained and placed on the bicycle, as required in Section 11.48.040 of the Code of the city, the fee of which shall be seven dollars and fifty cents, payable in advance to the license representative; provided, however, that no such fee shall be levied, charged, or assessed against persons licensed to operate bicycles who are physically incapacitated and whose only means of transportation is that of a specially constructed bicycle.
(Ord. No. 40-839 § 1)
Sec. 11.48.030. License representatives.
(a) Authority to Negotiate. The city treasurer shall have authority to require all retail outlets of bicycles and/or other private parties appointed as his representatives, to facilitate the proper licensing of bicycles operating within the corporate limits of the city. The amount to be paid to the retail outlets for performance of this service must have the approval of the board of commissioners. The city treasurer shall issue licenses and application forms to the license representative.
(b) Inspection. Every new applicant for a bicycle license shall first present such bicycle for an official inspection. If, upon inspection, such bicycle is found to be in safe mechanical condition, and upon payment of the fees herein provided, a bicycle inspection representative shall attach a license to such owner's bicycle. The license shall have displayed on it the number assigned. The bicycle inspection representative will complete an application form which shall state the name of the owner, description of the bicycle, frame number, and the assigned license number. The license number on the application will be accounted for and then filed in the police department.
(Ord. No. 35-195 (part))
Sec. 11.48.040. Display of licenses.
It shall be the duty of the bicycle retail outlet, inspection stations, and appointed representatives, to attach the license therefore on the vertical tube of the frame of such bicycle, and such licensee shall be so displayed for as long as the license remains owner of the bicycle.
(Ord. No. 35-195 (part))
Sec. 11.48.050. Wilful destruction or
alteration of licenses or serial numbers prohibited.
It is unlawful for any person wilfully or maliciously to remove, destroy, mutilate or alter such licenses during the time in which the same is operative. It is also unlawful for any person to remove, destroy, mutilate or alter the frame serial number of any bicycle. Any bicycle with the serial number defaced cannot be licensed.
(Ord. No. 35-678 (part))
Sec. 11.48.060. Transfer of license.
Upon the transfer of ownership of any bicycle license under the provisions of this chapter, the existing license and the right to use the numbered license thereof on such bicycle shall expire, and thereafter there shall be no transfer of such license and the license shall be removed by the owner thereof and it is unlawful for any person other than the person to whom the license was originally issued to have the same in his possession; provided, however, that upon the transfer of ownership, except within the immediate family, of any bicycle under the provisions of this chapter the new owner shall, within ten days from the date of such transfer, make application to the license representative for the issuance of a license for such bicycle. It is unlawful for any persons to operate such bicycle on the sidewalk, street, bike paths, parks or public highways of the city, unless such bicycle has been inspected and licensed as provided by this chapter.
(Ord. No. 39-097 (part))
Sec. 11.48.070. Replacement of lost or
destroyed license.
In the event a license is lost or destroyed, the city treasurer, upon proper showing by the licensee and the payment of a fee of one dollar, shall issue a new license in accordance with the provisions of this chapter.
(Ord. No. 32-708 (part))
Sec. 11.48.080. Duties of dealers in
bicycles.
It shall be the duty of all persons engaged in the business of buying or selling new or secondhand bicycles, or the purchase of bicycle parts, to make a weekly report to the chief of police giving the name and address of the person to whom each bicycle was sold or from whom each bicycle was purchased, the description of each bicycle sold or purchased, including the identifying frame number and license plate, if any. It shall be the duty of all persons, dealers or corporations purchasing secondhand bicycles to retain the same in their possession for a period of seven days, unless they receive written authorization from the chief of police to dispose of such bicycle prior to the end of such period of time.
(Ord. No. 19-139 § 135)
Sec. 11.48.090. Lamps, brakes and other
equipment on bicycles.
(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 least five hundred feet to the front and with a red reflector on the rear of a type approved by the Secretary of Transportation which shall be visible from all distances from one hundred feet to six hundred feet to the rear when directly in front of lawful lower beams of head lamps 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.
(b) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.
(c) No person shall sell a pedal for use on a bicycle, unless such pedal is equipped with a reflector of a type approved by the Secretary of Transportation which is visible from the front and rear of the bicycle to which it is attached during darkness from a distance of two hundred feet, and no person shall sell a new bicycle, unless it is equipped with pedals in accordance with the provisions of this section.
(Ord. No. 35-678 (part))
Sec. 11.48.100. Subject to traffic-control
devices and traffic regulations.
Every person riding a bicycle shall obey all traffic ordinances applicable to the driver of any other vehicle except as to special ordinances so designated and except to those provisions which by their nature can have no application.
(Ord. No. 35-678 (part))
No bicycle shall be ridden faster than the posted speed limit.
(Ord. No. 35-678 (part))
Sec. 11.48.120. Riding on roadways and
bicycle paths--Turns and stop signals.
(a) Any person riding a bicycle in traffic moving in the same direction at such time shall ride within five feet of the right-hand curb or edge of the street, highway, roadway or alley, except under any of the following conditions:
(1) Persons fourteen years of age or older may ride as close as reasonably possible to the right-hand curb or edge of the street, highway, roadway or alley when riding two abreast;
(2) When overtaking and passing another bicycle or vehicle proceeding in the same direction.
(3) When preparing for a left turn at an intersection or into a private road or driveway;
(4) When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, right-turn or left-turn lanes) that make it unsafe to continue along the right-hand or left-hand curb or edge;
(5) When operating a bicycle upon a street, highway, roadway or alley of the city which carries traffic in one direction only, the bicyclist shall ride within five feet of the left-hand curb or edge of roadway, except under any of the situations as detailed in subdivisions (1), (2), (3) or (4) of this subsection.
(b) 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. Persons riding two abreast shall not impede the normal and reasonable movement of traffic, and, on a laned roadway, shall ride within a single lane.
(c) Left Turns.
(1) The driver of a bicycle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel as such bicycle and, after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered; or
(2) Approach the intersection beside the curb, proceed through the intersection in the same direction, yield right-of-way to all vehicles proceeding through the intersection, and then make the left turn so as to leave the intersection in the proper position upon the roadway being entered;
(3) Notwithstanding the foregoing provisions, the state highway commission and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed and thereby require and direct that a specific course be traveled by turning bicycles, and when such devices are so placed, no person shall turn a bicycle other than as directed and required by such devices.
(d) Turning Movements and Required Signals.
(1) No person shall turn a bicycle at an intersection unless the bicycle is in proper position upon the roadway as required in this subsection or turn a bicycle to enter a private road or driveway, or otherwise turn a bicycle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall so turn any bicycle without giving an appropriate signal;
(2) A signal of intention to turn right or left shall be given before turning and/or shall be given while the bicycle is stopped waiting to turn;
(3) No person shall stop or decrease the speed of a bicycle without first giving the appropriate signal.
(Ord. No. 35-678 (part))
Sec. 11.48.130. Carrying passengers.
It shall be unlawful for any person riding a bicycle upon a street, highway, roadway, alley or sidewalk of the city, to carry another person on the same bicycle; provided, however, that this restriction shall not apply to bicycles with dual-operation construction; and provided that a child who is less than five years of age may be carried on a bicycle by a person operating said bicycle if the following conditions are met:
(1) The person operating the bicycle must either be the parent or legal guardian of the child or have the consent of the parent or legal guardian;
(2) The child must be carried on a seat constructed on the rear of said bicycle, which seat must either be a manufactured type or homemade, that complies with the current Consumer Product Safety Commission Standards;
(3) An authorized adult rider may carry an infant securely attached to his person in a backpack or sling.
(Ord. No. 35-678 (part))
Sec. 11.48.150. Hitching to moving
vehicles.*
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*Cross references: See also § 11.40.090.
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It shall be unlawful for any person while riding a bicycle on the streets or highways of the city to hitch or otherwise attach himself onto other moving vehicles.
(Ord. No. 19-139 § 137)
Sec. 11.48.160. Bicycles and human-powered
vehicles on sidewalks.
(a) A person operating a bicycle upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.
(b) A person operating a vehicle by human power upon and along a sidewalk or across a roadway upon and along a crosswalk, shall have all the rights and duties applicable to a pedestrian under the same circumstances.
(c) No bicycle shall be ridden upon sidewalks in the central business district except in designated areas.
(d) Subsections (a) and (c) of this section shall not apply to members of the Wichita police department in and during the performance of their lawful duties.
(Ord. No. 42-489 § 1)
Sec. 11.48.170. Parking of bicycles.
(a) It is unlawful for any person to park or leave a bicycle on any street, alley, highway, sidewalk or sidewalk area, bike path or other public place or way in the city when such place is within one city block of a bicycle rack or area designated for parking bicycles.
(b) Bicycle racks and areas designated for parking bicycles in the city shall not be located on any street, sidewalk or other public property without prior approval of the traffic engineer.
(c) The police department shall be authorized to remove any bicycles that are unlawfully parked or left within the city and shall further be authorized to remove any bicycle left or parked on public property where that bicycle blocks pedestrian travel or presents a traffic hazard.
(Ord. No. 35-678 (part))
Sec. 11.48.175. Impounding, leaving
unattended and revocation of license.
Bicycles shall be impounded to the police department or to any other place of safety under any of the circumstances hereinafter enumerated:
(a) When such bicycle is not licensed according to the provisions of this chapter;
(b) When such bicycle is not in a safe mechanical condition.
A bicycle impounded by the police department shall not be released until the bicycle has been investigated and the rightful owner is found and shows proof of ownership. Then an impound fee of two dollars shall be assessed to the owner before release of the bicycle.
(Ord. No. 32-708 (part))
Sec. 11.48.180. Sale of unclaimed or
impounded bicycles.
Whenever a bicycle has been impounded for a period of four months and no claim of ownership or the right to possession thereof has been made and established to the satisfaction of the police department, such bicycles shall be sold at public auction, after legal publication of the time, date and location of such sale.
(Ord. No. 32-708 (part))
Sec. 11.48.190. Taking without consent of
the owner.
Any person taking a bicycle for the purpose of riding the same upon the streets of the city without the consent of the owner or person entitled to legal possession thereof is guilty of a violation of this title and subject to the penalties provided in Section 11.92.010.
(Ord. No. 39-097 (part))
Sec. 11.48.200. Penalties for violation of
this chapter.
Any person or representative of a firm covered by this chapter, if convicted of a violation of any of the provisions of it, shall for the first conviction thereof be punished by a fine of not more than one hundred dollars; for a second such conviction within one year thereafter, such person shall be punished by a fine of not more than two hundred dollars; upon a third or subsequent conviction within one year after the first conviction, such person shall be punished by a fine of not more than five hundred dollars.
(Ord. No. 32-708 (part))