[HISTORY: Adopted by the Borough Council
of the Borough of Denver 1-6-1986 by Ord. No. 407 (Ch. 3, Part 1 of the
1996 Code). Amendments noted where applicable.]
A pedalcycle, as used in this chapter, shall
mean any pedalcycle or vehicle powered solely or primarily by human
powered pedals.
It shall be unlawful for any person or persons
to operate or use a bicycle or similar pedalcycle upon any of the
streets, alleys or public thoroughfares of the Borough of Denver without
first obtaining a license therefore, and having said bicycle or similar
pedalcycle properly registered and tagged.
[Amended 4-8-1996 by Ord. No. 475]
Every owner of a bicycle or similar pedalcycle,
upon the taking effect of this chapter, shall list and register with
the Mayor, or his designee, his name and address, the name of the
manufacturer of the bicycle, its serial number, style and general
description. In the event that the owner of the bicycle is a minor
under the age of 18 years, then the parent or guardian or person having
the care of such minor, or with whom he or she lives, shall make such
listing and registration on behalf of such minor owner.
[Amended 4-8-1996 by Ord. No. 475]
The Borough of Denver shall provide each person
registering a bicycle with a license tag and a registration card.
The license tag shall be attached to the frame of the bicycle or similar
pedalcycle by the owner of said bicycle or similar pedalcycle. The
registration card shall be retained by the owner of the bicycle or
similar pedalcycle and a copy of said registration card shall be retained
by the Police Department.
[Amended 4-8-1996 by Ord. No. 475]
It shall be the duty of every person who sells
or transfers ownership of any bicycle or similar pedalcycle, to report
such sale or transfer by returning to the Mayor, or his designee,
the registration card issued to such person as licensee thereof, together
with the name and address of the person to whom the bicycle or similar
pedalcycle was transferred or sold, and such report shall be made
within five days of the date of said sale or transfer. It shall be
the duty of the purchaser or transferee of such bicycle or similar
pedalcycle, if he or she is a resident of the Borough of Denver, to
apply for a transfer of registration within five days of said sale
or transfer.
It shall be the duty of every person who dismantles,
reduces to junk, or takes out of operation any bicycle or similar
pedalcycle that is registered with the Borough of Denver to report
same to the Police Department.
It shall be unlawful for any person to willfully
or maliciously remove, mutilate or alter the number on any bicycle
or similar pedalcycle frame, and it shall be unlawful for any person
to remove, destroy, mutilate or alter any license tag or registration
card during the time in which such license tag or registration card
is operative.
[Amended 4-8-1996 by Ord. No. 475]
In case of loss or destruction of a license
tag or registration card, a new license tag or registration card shall
be issued for a fee hereinafter set forth to the registered owner;
provided such owner gives satisfactory proof of same, either by affidavit
or otherwise, to the Chief of Police or other officer of the Police
Department.
[Amended 4-8-1996 by Ord. No. 475]
For the first license/registration card issued
for each bicycle or similar pedalcycle pursuant to this chapter, a
fee, as established from time to time by resolution of Borough Council,
shall be paid by the registered owner. For a new license tag and/or
registration issued to an owner of a bicycle or similar pedalcycle
who has lost or had a license tag and/or registration card destroyed,
a fee, as established from time to time by resolution of Borough Council,
shall be paid by the registered owner of said bicycle or similar pedalcycle.
If any bicycle or similar pedalcycle is found
on a street of the Borough of Denver without a license tag as set
forth, or with a mutilated or altered serial number, it shall be prima
facia evidence that said bicycle or similar pedalcycle is being operated
without proper registration and shall be impounded as hereinafter
set forth.
It shall be unlawful for the operator of a bicycle
or similar pedalcycle to carry any other person upon the handle bars,
frame or fender of any such bicycle or similar pedalcycle, unless
such vehicle is so constructed for carrying more than one person.
It shall be unlawful for any operator of any
bicycle or similar pedalcycle to cling to any other moving vehicle.
It shall be unlawful for any person to operate
a bicycle or similar pedalcycle on any street in such a manner as
to interfere with any pedestrian thereon. It shall also be unlawful
for any person to operate any bicycle or similar pedalcycle on any
sidewalk in the Borough of Denver in any way that would interfere
with any pedestrian. Operators of bicycles or similar pedalcycles
in the Borough of Denver shall always give the pedestrian the absolute
right-of-way.
[Amended 12-11-2006 by Ord. No. 564]
It shall be unlawful for the operator of a bicycle
or similar pedalcycle to violate any of the applicable traffic laws
of the Pennsylvania Vehicle Code, Title 75, Pa.C.S.A., and/or any of the applicable ordinances of the Borough
of Denver. Nor shall said bicycle or pedalcycle or motor-powered bicycle
or minibike or any other such vehicle shall be ridden or operated
at any time upon private property without the permission of the property
owner.
[Amended 4-8-1996 by Ord. No. 475]
If the operator of any bicycle or similar pedalcycle shall violate any of the provisions of this chapter, said bicycle or similar pedalcycle shall be immediately taken and impounded by the Police Department, and shall be so held by the Police Department for a period not exceeding 30 days to be determined by the Chief of Police of said Department. In the event any bicycle or similar pedalcycle is found in violation of §
77-9 of this chapter, the Police Department shall take possession of such bicycle or similar pedalcycle and hold same until proper ownership is proven.
The word "street" as used in this chapter shall
include, but not be limited to, any public highways, boulevards, alleys,
parks and school district property, also any private roadways normally
accessible to the public.
[Amended 4-8-1996 by Ord. No. 475]
A. Every bicycle, when in use between sunset and sunrise,
shall be equipped on the front with a lamp which emits a white light
visible from a distance of at least 500 feet to the front and with
a red reflector on the rear of a type approved by the Department,
which shall be visible from all distances from 100 feet to 600 feet
to the rear, and with an amber reflector on each side. A lamp emitting
a red light, visible from a distance of 500 feet to the rear, may
be used in addition to the red reflector. A lamp may be worn by the
operator of a bicycle and shall be deemed to comply with the requirements
of this section if the lamp can be seen at the distances specified.
All lamps and reflectors shall be of a type approved by the Department.
B. Every bicycle shall be equipped with a braking system
which will stop the bicycle within 15 feet from an initial speed of
15 miles-per-hour on a dry, level and clean pavement.
[Amended 4-8-1996 by Ord. No. 475; 7-29-2013 by Ord. No.
612]
Any person, firm or corporation violating any
of the provisions of this chapter or any rules or regulations pursuant
thereto, shall upon conviction, be sentenced to a fine of not more
than $600 and costs, and in default of payment of said fine and costs,
to imprisonment for a term not to exceed 30 days. Upon summary conviction,
the person found guilty may be assessed reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings in accordance
with Section 3321(6) of the Borough Code.