In this article, the term "pedalcycle" shall
include every device propelled by human power upon which any person
may ride, having two tandem wheels either of which is over 20 inches
in diameter.
It shall be unlawful for any person to operate
or use a pedalcycle upon any of the streets, alleys or public highways
of the Township of Derry, Dauphin County, Pennsylvania, without first
obtaining a license therefor from the Township Secretary.
Application for a pedalcycle license and a reflective
sticker shall be made upon a form provided by the Township and shall
be made to the Township Secretary. An annual license fee, in an amount
as established from time to time by resolution, for each license year
or part thereof shall be paid to the Township before each license
or renewal thereof is granted.
The Township of Derry shall provide each year
reflective stickers together with license certificates, said reflective
stickers and license certificates having numbers stamped thereon in
numerical order and indicating the year for which the same are issued.
The Township Secretary, upon receiving proper application therefor,
is authorized and directed to issue a reflective sticker and license
certificate which shall be effective during the remainder of the license
year in which issued; such license year to commence June 1 and expire
May 31.
The Township Secretary shall not issue a license
for any pedalcycle when he knows or has reasonable grounds to believe
that the applicant is not the owner of or entitled to the possession
of such pedalcycle.
The Township Secretary shall keep a record of
each license, the date issued, the name of the person to whom issued
and the number on the frame of the pedalcycle for which issued and
a record of all pedalcycle fees collected by him.
The reflective stickers, as issued, shall be
firmly attached to the frame of the pedalcycle and such reflective
sticker shall remain attached to the pedalcycle during the existence
of such license.
Upon the expiration of any pedalcycle license
or upon the loss thereof, the same may be renewed upon application
and payment of the required fee.
The Township officials have the right to inspect
any pedalcycle prior to licensing same. No pedalcycle owner or custodian
shall apply for a license for an unsafe pedalcycle.
Upon the sale or other transfer of a licenses pedalcycle, the licensee shall remove the reflective sticker. The new owner must apply for a license and reflective sticker as provided in §
210-64.
A rental agency shall not rent or offer any
pedalcycle for rent unless the pedalcycle is licensed and a reflective
sticker is attached thereto as provided herein and such pedalcycle
is equipped as provided in this article.
Every person operating a pedalcycle upon a roadway
shall be subject to the provisions of Title 75, §§ 3501-3509,
and the traffic ordinances of this Township applicable to the driver
of a vehicle except as to special regulations in this article and
except as to those provisions of the ordinances which by their nature
can have no application.
Any person operating a pedalcycle shall obey
the instructions of official traffic signals, signs and other control
devices applicable to vehicles unless directed by a peace officer.
A. A person operating a pedalcycle shall not ride other
than upon or astride the permanent and regular seat attached thereto,
nor carry any other person upon such pedalcycle other than a firmly
attached and regular seat thereon, nor shall any person ride upon
a pedalcycle other than as above authorized.
B. No pedalcycle shall be used to carry more persons
at one time than the number for which it is designed and equipped.
C. No person shall operate a pedalcycle at any time without
keeping both hands upon the handlebars.
No person shall operate a pedalcycle at a speed
greater than is reasonable and prudent under the conditions then existing.
Every person operating a pedalcycle upon a roadway
shall ride as near the righthand side of the roadway as practicable,
exercising due care when passing a standing vehicle or one proceeding
in the same direction.
The operator of a pedalcycle emerging from an
alley, driveway or building shall, upon approaching a sidewalk or
the sidewalk area extending across any alleyway, yield the right-of-way
to all pedestrians approaching on said sidewalk or sidewalk area,
and upon entering the roadway shall yield the right-of-way to all
vehicles approaching on said roadway.
No person riding upon any pedalcycle shall attach
the same or himself to any vehicle upon a roadway.
Persons operating pedalcycles upon a roadway
shall not ride more than two abreast except on paths or parts of roadway
set aside for the exclusive use of pedalcycles.
No person operating a pedalcycle shall carry
any package, bundle or article which prevents the rider from keeping
both hands upon the handlebars.
No person shall park a pedalcycle upon a street
other than upon the roadway, against the curb or upon a sidewalk in
a rack to support the pedalcycle or against a building or at the curb
in such manner as to afford the least obstruction to pedestrian traffic.
Wherever a usable path for pedalcycles has been
provided adjacent to a roadway, pedalcycle riders shall not use the
roadway.
A pedalcycle may be equipped with a device capable
of giving a signal audible for a distance of at least 100 feet except
that a pedalcycle shall not be equipped with nor shall any person
use upon a pedalcycle any siren.
Every pedalcycle shall be equipped with a brake
which will enable the operator to make the braked wheel skid on a
dry, level, clean pavement.
Every pedalcycle, when in use at night, shall
be equipped with a lamp on the front exhibiting a headlight visible
from a distance of at least 500 feet to the front and with a lamp
on the rear exhibiting a red light visible from a distance of at least
500 feet to the rear, except that an approved reflector meeting the
minimum requirements of the State, may be used in place of the rear
lamp.
It shall be unlawful for any person to remove,
destroy, mutilate or alter the number of any pedalcycle frame of any
pedalcycle licensed pursuant to this article. It also shall be unlawful
for any person to remove, destroy, mutilate or alter any license plate
or license certificate during the time in which such license plate
or license certificate is operative; provided, however, that nothing
in this article shall prohibit the Township Secretary from stamping
numbers on the frames of pedalcycles on which no serial number can
be found or on which said number is illegible or insufficient for
identification purposes.
The term "person" as used in this article shall
include any person, firm, association or corporation.
Any person violating any provision of this article
shall, upon conviction thereof, be sentenced to a pay a fine of not
more than $10 and costs of prosecution. Provided, any violation of
any provision of this article which is also a violation of any specific
provision in the laws of Pennsylvania or in any of the traffic ordinances
of the Township shall be prosecuted under the law or under the traffic
ordinance, as the case may be, and not under this article.