Public Safety Committee to discuss Decorah's bicycle ordinance

The City of Decorah's Public Safety Committee will meet Tuesday night to take a look at the city's bike riding ordinance.  

Here is the ordinance, in its entirety:

10.64.010 License required.

Every person living within the city who owns a bicycle shall cause the ownership thereof to be registered at the office of the police department of the city. Upon such registration and payment of fifty cents, the police department will issue a license tag which shall thereafter be kept permanently attached to such bicycle.

(Ord. 677 (part), 1978)

10.64.020 Biannual registration.

It shall be the duty of the owners of all bicycles in the city to register their vehicles with the police department and to secure from the police department an identification tag and pay therefor a fee of two dollars biannually. The police department shall keep a book of registrations and issue identification tags and account to the city clerk-treasurer for all license fees collected. The registration and license shall be for a period of two years and shall be based upon a calendar year. The police department shall establish rules and regulations for the proration of fees for registrations and licenses obtained during the two-year period. The cost of all license tags shall be paid out of the city treasury and from the funds collected for registration fees, so far as such funds will permit. No such registration shall be had unless the bicycle is in proper condition for safe operation.

(Ord. 795, 1984)

10.64.030 License transfer.

In the event that a licensed bicycle is sold or transferred, the license tag shall pass with the bicycle to the new owner or transferee; the sale or transfer of such bicycle shall be reported to the police department by the former owner within five days after the sale or the transfer of such bicycle, and the police department shall make a record of such sale or transfer together with a record of the same of the new owner or transferee of such bicycle. Every bicycle dealer shall file with the police department on the first day of each month a report of all bicycles sold or transferred during the preceding months.

(Ord. 677 (part), 1978)

10.64.040 Lost license plate.

In the event that an owner loses his license tag or the same should be destroyed or stolen, he shall report such loss immediately to the police department who shall then issue the owner a new license tag at a cost of fifty cents to such owner.

(Ord. 677 (part), 1978)

10.64.050 License tag– Alteration unlawful.

It is unlawful for any person to alter or counterfeit any license tag issued in conformity with this chapter.

(Ord. 677 (part), 1978)

10.64.060 Lights and reflectors.

A. All bicycles shall be equipped with reflective surfaces visible at three hundred feet from the rear when viewed in front of lawful lower beams of headlamps on a motor vehicle. Reflective materials may be mounted on each side of each pedal.

B. All bicycles used within the city limits shall, during the hours from sunset to sunrise, display or its operator wear a lamp on the front part of the bicycle. The lamp shall emit a white light visible from a distance of at least five hundred feet from the front of the bicycle.

(Ord. 677 (part), 1978)

10.64.070 Parking.

A. It is unlawful for any person to park a bicycle on a street or alley in such a manner as to obstruct pedestrian or motor vehicle traffic. Any bicycle within one block or three hundred feet of a bicycle rack must be parked in such a rack. Any bicycle parked on public property in a commercial district shall not be attached to poles, parking meters, signs, trees, trash receptacles, street hardware or any other permanent structure.

B. It is unlawful for any person to park a motor vehicle, as defined by the Code of Iowa, on a bicycle path in such a manner as to obstruct pedestrian or bicycle traffic.

(Ord. 677 (part), 1978)

10.64.080 Riding on sidewalk.

A. No person shall ride a bicycle upon the sidewalk or walkway in the commercial districts within the city unless signs authorized by the chief of police specifically designate a sidewalk or walkway for bicycle use. The chief of police is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon.

B. 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. 677 (part), 1978)

10.64.090 Riding on roadways, sidewalks and bicycle paths.

A. 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.

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 shall ride bicycles single file when traffic is heavy.

C. Whenever a usable path for bicycles has been provided adjacent to a roadway or sidewalk, bicycle riders shall use such path and shall not use the roadway or sidewalk.

D. No person shall operate any motor vehicle, including a motorcycle, motorscooter, or a Moped or motorized bicycle when under power, upon any sidewalk, bicycle path, or bicycle path painted on a roadway.

(Ord. 677 (part), 1978)

10.64.100 Applicability of traffic laws.

Every person riding a bicycle upon a roadway is granted all the rights and is subject to all the duties applicable to the driver of a vehicle by the laws of this state of Iowa declaring the rules of the road applicable to vehicles or by the traffic ordinances of this city applicable to the driver of a vehicle, except as to special regulations in this chapter and except as to those provisions of laws and ordinances which by their nature can have no application.

(Ord. 677 (part), 1978)

10.64.110 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.

(Ord. 677 (part), 1978)

10.64.120 Clinging to moving vehicles.

No person traveling upon any bicycle, motorcycle, coaster, sled, roller skates or any toy vehicle shall cling to or attach their vehicle to any other moving vehicle upon any roadway or bikeway.

(Ord. 677 (part), 1978)

10.64.130 Method of riding.

A. A bicycle rider shall not ride other than astride a permanent and regular seat. No operator of a bicycle intended for one person shall carry a second person on any part on the bicycle, except that infants may be carried when a suitable and proper seat is provided thereon. No person riding a bicycle shall carry any package, bundle or article which would prevent the rider from keeping both hands upon the handlebars.

B. No person shall ride or propel a bicycle upon any sidewalk or roadway at a speed greater than, or in a manner other than is reasonable and prudent under the conditions then existing. No person shall ride or propel a bicycle except in a prudent and careful manner.

(Ord. 677 (part), 1978)

10.64.140 Emerging from alley, driveway or building.

The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching the sidewalk, or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on such sidewalk or sidewalk area, and upon entering the roadway, he shall yield the right-of-way to all vehicles approaching on such roadway.

(Ord. 677 (part), 1978)

10.64.150 Bike paths defined and established.

A. For use in this chapter, "bike path" means any trail, way, path or area designated by the city council for the city, for the semiexclusive use of bicycles. Such bike paths are semiexclusive only in that they may be used by pedestrians, but that such pedestrians must yield the right-of-way to bicycles at all times.

B. The city council shall from time to time establish bike paths by means of resolution of the council, designating the location of such paths and requiring the chief of police to erect and maintain signs giving notice thereof.

(Ord. 677 (part), 1978)

10.64.160 Impoundment.

A. The police department or any officer, agent or employee for the city, designated to enforce the parking ordinances of the city, on finding a bicycle unattended at a place where the bicycle constitutes an obstruction to vehicular or pedestrian traffic, or constitutes an imminent threat to the health, safety or welfare of the public, or is in violation of an existing parking ordinance, may remove or have caused the removal of such bicycle to a place designated by the chief of police for the storage of impounded vehicles.

B. Upon impoundment of such bicycle, the city shall notify the last known registered owner of such impounded bicycle by certified mail.

C. Should impoundment as herein provided require the destruction of a chain, padlock or other security device, municipal agents or employees designated to enforce the parking ordinances of the city, or any peace officer, are authorized to destroy such security devices.

(Ord. 677 (part), 1978)

10.64.170 Owner prima facie responsible.

A. If any bicycle is found stopped, standing or parked in any manner violative of this chapter and the identity of the operator cannot be determined, the owner shall be held prima facie responsible for the violation.

B. In the event that the city is unable to ascertain the owner or the owner does not claim the bicycle within three months from the date of impoundment, the city shall cause such bicycle to be sold at a public auction. Notice of such disposition shall be published pursuant to state law.

C. Proceeds from sales and impoundment fees shall be used to defray the cost of bicycle registration and bicycle facilities.

(Ord. 677 (part), 1978)

10.64.180 Revocation of license.

The magistrate may revoke or suspend for a period not to exceed six months any license issued by virtue of this chapter to any person, for any violation of any of the provisions of this chapter, after a proper hearing.

(Ord. 677 (part), 1978)

10.64.190 Special penalty.

In addition to, or in lieu of, the general penalties specified for misdemeanors in Chapter 1.24 of this code, any person violating any of the provisions of such chapter shall, upon conviction, suffer his bicycle to be impounded by the police department for not less than five days for the first offense, for ten days for the second offense, and for thirty days for the third offense.

(Ord. 677 (part), 1978)

10.64.200 Bicyclist's right-of-way.

Where traffic-control devices are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be, to so yield to a bicyclist crossing the roadway within any marked crosswalk or marked bicycle path or within any unmarked crosswalk, at an intersection.

(Ord. 698, 1979)