[Amended 8-7-1995 by L.L. No. 6-1995]
All persons riding or propelling with the feet
a bicycle, tricycle, velocipede or other vehicle of propulsion on
the public streets or avenues or in the parks of this City shall attach
to and carry on such vehicle an alarm bell, which said bell the persons
shall ring or sound on approaching and within 30 feet of the intersection
of any street or avenue proposed to be crossed.
No person using a bicycle, tricycle, velocipede
or other vehicle of propulsion on the public streets or avenues or
parks of this City shall propel such vehicle at a rate of speed greater
than eight miles an hour, and all such persons shall observe the law
of the road.
No greater number of persons than two abreast
shall parade or ride in the streets or avenues or parks of this City
at any time on such bicycles, tricycles, velocipedes or other vehicles
of propulsion.
No person shall ride any bicycle, tricycle,
velocipede or other vehicle of propulsion on or over any footpath
in any of the parks, or on or over any of the sidewalks of any of
the streets or avenues in this City, except if it is to go into a
yard, lot or building; provided, however, that the foregoing provision
of this section shall not apply to children under 10 years of age;
and provided further that this section shall not be so construed as
to prohibit the riding of any bicycle, tricycle or similar vehicle
upon or over the unpaved portion of the sidewalk of any such street
or streets outside of the thickly settled part of the City as shall
be designated in writing by the Mayor. Every designation so made as
aforesaid shall be filed with the Chief of Police and may be revoked
by the Mayor at any time in his discretion.
A.
It is required that all vehicles operated within the
City of Albany be in good and safe operating condition, and each shall
be operated only:
(1)
While having a valid New York State Certificate of
Inspection affixed on the vehicle in the proper location.
(2)
While in full compliance with Article 9 of the Vehicle
and Traffic Law of the State of New York, as amended, which article
is fully incorporated herein by reference.
(3)
While in full compliance with Article 10 of the Vehicle
and Traffic Law of the State of New York, as amended, which article
is fully incorporated herein by reference.
(4)
While in full compliance with Article 2 of the Transportation
Law of the State of New York, as amended, which article is fully incorporated
herein by reference.
(5)
While in full compliance with Article 6 of the Transportation
Law of the State of New York, as amended, which article is fully incorporated
herein by reference.
(6)
While in full compliance with Article 21 of the Tax
Law of the State of New York, as amended, which article is fully incorporated
herein by reference.
(7)
While in full compliance with Article 49 of the Code
of Federal Regulations, as amended, which article is fully incorporated
herein by reference.
(8)
While registered in accordance with Article 14 of
the Vehicle and Traffic Law of the State of New York, as amended,
which article is fully incorporated herein by reference.
B.
No vehicle may operate within the City of Albany if
that vehicle has been determined to be in an unsafe condition by a
certified New York State inspector or by a person certified by the
State of New York to conduct such inspections.
C.
No vehicle may operate within the City of Albany if
it has been determined that the vehicle should be put out of service
by a New York State Department of Transportation inspector.
No person shall operate or drive a motor vehicle
nor permit another person to operate or drive a motor vehicle unless
the person driving or operating the motor vehicle is duly and properly
licensed with a license for the class of vehicle being operated which
is in full force and effect and valid pursuant to Articles 19 and
20 of the Vehicle and Traffic Law of the State of New York, as amended,
which articles are fully incorporated herein by reference.
[Added 4-18-2005 by Ord. No. 39.122.04]
A.
Definition of "motorized scooter." For purposes of
this section, the term "motorized scooter" shall mean any wheeled
device that is designed to be stood or sat upon by the operator, is
powered by an electric motor or by a gasoline motor that is capable
of propelling the device without human power, is less than 24 inches
in height and is not capable of being registered with the New York
State Department of Motor Vehicles. For the purposes of this section,
the term "motorized scooter" shall not include wheelchairs or other
mobility aids designed for use by disabled persons, electric- or gas-powered
devices not capable of exceeding 15 miles per hour or "electric personal
assistive mobility devices" defined as self-balancing, two-non-tandem-wheeled
devices designed to transport one person by means of an electric propulsion
system.
[Amended 2-23-2023 by Ord. No. 22.101.22]
B.
No person shall operate a motorized scooter on public
streets or roadways in the City of Albany pursuant to the New York
State Vehicle and Traffic Law.
C.
Any person who violates Subsection B of this section may be liable for a civil penalty in the amount of no more than $1,000. Authorized employees of the Police Department shall have the authority to enforce the provisions of this section. In addition, such violation shall be a traffic infraction and shall be punishable in accordance with § 1800 of the New York State Vehicle and Traffic Law.
D.
Any motorized scooter that has been used or is being
used in violation of the provisions of this section may be impounded
and shall not be released until any and all removal charges and storage
fees and the applicable fines have been paid or a bond has been posted
in an amount satisfactory to the Chief of Police.
E.
No person shall sell, lease or rent a motorized scooter
to another person in the City of Albany without informing such buyer,
leaser or renter, in writing, that the motorized scooters as defined
in this section are illegal to be driven on public streets or roadways
pursuant to the New York State Vehicle and Traffic Law. Further, anyone
selling, leasing or renting motorized scooters shall, at his or her
place of business, post a sign not less than 8 1/2 inches by
14 inches stating their illegal use on public streets and roadways
pursuant to the New York State Vehicle and Traffic Law.
F.
Any person who violates Subsection E of this section may be liable for a civil penalty of no more than $1,000 for each violation. Each sale, lease or rental of a motorized scooter in violation of Subsection E shall be deemed a separate violation. Authorized employees of the Department, the Police Department, and of any other agency designated by the Mayor shall have the authority to enforce the provisions of this section.
