[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa
Park 8-9-2004 by L.L. No. 11-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dirt carts — See Ch. 110.
Noise — See Ch. 218.
Parks — See Ch. 232.
Peace and good order — See Ch. 236.
Skateboards, in-line skate and roller skates — See Ch. 289.
Streets and sidewalks — See Ch. 298.
Vehicles and traffic — See Ch. 322.
[1]
Editor's Note: This local law superseded former Ch. 84, Bicycles
and Motorcycles, which consisted of the following: Art. I, Attachment to Property,
adopted 5-2-1983 by L.L. No. 6-1983, as amended; and Art. II, Use of Sidewalks,
adopted 3-22-1993 by L.L. No. 1-1993.
This chapter, applicable to bicycles, scooters, gopeds and similar devices,
shall apply whenever a bicycle, scooter, goped or similar device is operated
on any street or upon any highway or upon any parking lot or upon any sidewalk
or any place where pedestrians walk, all within the Village of Massapequa
Park.
As used in this chapter, the following terms shall have the meanings
indicated:
As defined and set forth in § 102 of the Vehicle and Traffic
Law, every two- or three-wheeled device upon which a person or persons may
ride, propelled by human power through a belt, chain or gear, with such wheels
in a tandem or tricycle, except that it should not include such a bicycle
having solid tires and intended for use only on a sidewalk by preteen-age
children.
A vehicle that is similar to a skateboard, but with a motor attached
and a handlebar for a standing rider.
A vehicle with a long footboard between two small end wheels that
is controlled by an upright steering handle attached to the front wheel.
Every person operating a bicycle, scooter, goped or similar device upon
a highway, road or street, dedicated or otherwise, shall operate the same
in strict observance of all laws applicable to a vehicle and the use thereof
and in compliance with all rules of the road applicable to the operation of
a vehicle and in compliance with all traffic laws, except as to those provisions
of law which, by their nature, can have no application.
The operator of a bicycle, scooter, goped or similar device emerging
from an alley, driveway or building shall, upon approaching a sidewalk, yield
the right-of-way to all pedestrians approaching on said sidewalk.
A.Â
No person shall ride a bicycle, scooter, goped or similar
device upon a sidewalk within any business district.
B.Â
Whenever any person shall operate a bicycle, scooter,
goped or similar device upon a sidewalk in a residential district, such person
shall yield the right-of-way to any pedestrian and shall give an audible signal
before overtaking and passing such pedestrian.
C.Â
No person shall stand, park or otherwise place or allow
to be placed, in a position of temporary storage, a bicycle, scooter, goped
or similar device upon a highway, street or sidewalk or against any building
abutting a sidewalk in such a manner that shall obstruct or render injury
to a pedestrian or interfere with vehicular traffic. All standing, storing
or parking of a bicycle, scooter, goped or similar device must be in a rack
or space duly designated specifically for such purposes by the Village.
D.Â
No person, persons, corporations or other legal entity
shall be allowed to chain, attach or affix his or her bicycle, scooter, goped
or similar device or any personal property of any kind whatsoever used for
personal or commercial purposes to any tree, post, stanchion or other structure
within the Incorporated Village of Massapequa Park, except that storage in
any rack or space duly designated specifically for such purposes by the Village
shall be allowed.
Any motorcycle or bicycle or personal property which is improperly chained
as set forth above shall be subject to the Village's using its own manpower
to break said chain and tow away said bicycle or personal property to an area
designated and selected by the Village.
No person shall operate a bicycle, scooter, goped or similar device
at night unless he or she is wearing reflective clothing, which shall be visible
from a distance of not less than 50 feet and a maximum of 300 feet from the
front, side and rear of the bicycle, scooter, goped or similar device, when
directly in front of the lawful beams of a headlight on a motor vehicle.
The parent of the minor child or the guardian of any minor child shall
not authorize or knowingly permit any such child to violate any of the provisions
of this chapter.
A.Â
Any person, persons, corporations or other legal entity found guilty of the violation of this chapter shall be subject to a fine set forth in Subsection B, plus the costs and expenses of removing or towing such bicycle, scooter, goped or similar device from such street, sidewalk or highway.
B.Â
Any person or persons violating any provision of this
chapter shall be guilty of an offense; and shall forfeit and pay a fine not
to exceed $100 for the first offense; $200 for the second offense; $300 for
the third offense and $500 for each subsequent offense.
C.Â
Any bicycle, scooter, goped or similar device operated
in violation of this chapter may be immediately impounded. The Village of
Massapequa Park shall store such impounded bicycles, scooters, gopeds or similar
devices in a suitable secure location. No impounded bicycles, scooters, gopeds
or similar devices may be released until all storage costs and fees have been
paid. The violator shall be responsible for the payment of all such costs
and fees. The per-diem storage fee shall be as set by the resolution of the
Board of Trustees, from time to time. The impound fee shall be as set by the
resolution of the Board of Trustees, from time to time.
Any modifications or amendments shall be set by resolution of the Board
of Trustees from time to time.
