[Added 5-14-1990 by Ord. No. 592]
As used in this article, the following terms shall have the meanings indicated:
LICENSE
A sticker having numbers stamped thereon in numerical order and indicating the year for which the same is issued.
PEDALCYCLE
Includes but is not limited to what is commonly referred to as bicycles and tricycles and shall include every device propelled by human power upon which any person might ride, having two tandem wheels or a three-wheel device, with either one, both or all of the wheels having the diameter of 20 inches or more.
PERSON
Any individual person, firm, association or corporation.
It shall be unlawful for any person who is a resident of the Borough of Derry to operate a pedalcycle upon any of the public streets, alleys or highways within the Borough of Derry without obtaining a license as herein provided through the Police Department of the Borough of Derry.
All persons who are residents of the Borough of Derry owning or operating pedalcycles within the said Borough shall make an application for a pedalcycle license sticker upon the form provided by the Borough of Derry and issued through the Police Department under the supervision of the Mayor of the Borough of Derry, and shall pay therefor an annual license fee of $1 for each calendar year or part thereof for which the license sticker or renewal is issued.
The Borough shall provide each year license stickers together with ownership certificates, both of which shall be numbered or have numbers stamped thereon in numerical order, and shall indicate the year for which the same are issued. The Chief of Police, under the supervision of the Mayor of the Borough of Derry, upon receiving properly executed application, is authorized to issue a license sticker and certificate which shall be effective during the remainder of the year in which the same is issued, and shall expire on May 31 of each year.
The Police Department, under the supervision of the Mayor, shall keep a record of each license issued, showing thereon the date of issuance, the name of the person to whom issued, and the identification number of the pedalcycle for which issued, together with a record of the fees collected for such licenses.
Upon the expiration of the pedalcycle license or upon loss of any pedalcycle license, the same may be renewed or replaced upon a proper application and payment of the fees set forth hereinabove, through the Police Department under the supervision of the Mayor of the Borough of Derry.
All persons, residents of the Borough of Derry, making application for a license for a pedalcycle shall have a pedalcycle inspected by the Police Department of the Borough of Derry, and a license shall be refused to any person making an application therefor for a pedalcycle which the Police Department deems to be in an unsafe mechanical condition and not equipped with proper braking device.
No person shall lend any pedalcycle or offer the pedalcycle for rent unless the same is duly licensed, the sticker attached to said pedalcycle, and the pedalcyle equipped in accordance with the provisions of this article.
All persons operating pedalcycles upon any public street, alley or highway within the Borough of Derry shall be subject to the provisions of the traffic regulations of the Borough of Derry as the same are applicable to the operator of any motor vehicle, except as otherwise herein provided, and all such persons operating pedalcycles within the Borough of Derry shall obey instructions of official traffic signals, signs and other traffic control devices, unless otherwise provided herein, and shall be subject to the following regulations:
A. 
All persons operating a pedalcycle shall ride only upon the regular seat provided thereon, and shall not permit any other person to ride said pedalcycle at the same time, except upon a regular seat provided in tandem.
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 unless both hands are upon the handlebars.
D. 
No person operating a pedalcycle shall carry any package, bundle or other article which in any way prevents the operator from keeping both hands on the handlebars.
E. 
All persons operating pedalcycles upon any public street, alley or highway within the Borough of Derry shall operate said pedalcycle as close to the right-hand side of said street, alley or highway as practicable under the circumstances, exercising due care when passing standing vehicles or passing one proceeding in the same direction.
F. 
All operators of pedalcycles when emerging from an alley, driveway or hidden entrance shall, upon approaching a sidewalk or crosswalk, yield the right-of-way to all pedestrian traffic, and upon entering the travelled portion of the street, alley or highway, shall yield the right-of-way to all vehicles approaching thereon.
G. 
All persons operating pedalcycles upon any public street, alley or highway within the Borough of Derry shall not ride with more than two pedalcycles abreast at any one time, except in such areas or upon such portions of said highways, streets or alleys as may be set aside for the exclusive use and operation of pedalcycles.
It shall be unlawful for any person to remove, destroy, mutilate or in any way alter or change the identification number on any pedalcycle frame of any licensed pedalcycle under the terms of this article, and further it shall be unlawful for any person to remove, destroy, mutilate, alter or change any license sticker or certificate during the term for which said sticker and certificate is issued; provided, however, that the Police Department, under the supervision of the Mayor of the Borough of Derry, may cause to be stamped upon pedalcycles identifying numbers if any such pedalcycles have no numbers of identification.
Any person violating any of the provisions of this article may, in lieu of conviction thereof, have the license sticker and identification suspended for a period not to exceed 30 days. In such event, the license sticker shall be removed by the Police Department under the supervision of the Mayor of the Borough of Derry, and subsequent operation of said pedalcycle during the period of said suspension shall constitute a violation of this article.
Any person violating any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $100 and costs of prosecution, and the fine and costs may be collected by suit brought in the name of the Borough of Derry before any Magisterial District Judge, in the like manner as debts of like amount may be sued for by existing laws. It is understood that when the operator of a pedalcycle is under the age of 18 years, then the parent or parents or guardian shall be responsible for the payment of any fine and costs.
The purpose of this article is to assist the operators of pedalcycles so that same will be safe and not constitute a danger to pedestrians and vehicles utilizing the streets and alleys located within the Borough of Derry, but the Borough of Derry does not assume any responsibility whatsoever because of any of the provisions contained herein or as a result of any inspections (voluntary safety checks) undertaken on the part of the Borough of Derry, and any and all liability rests exclusively with the operator of the pedalcycle and in certain cases, possibly with the parent or parents or guardian if the operator is under the age of 18 years.
The provisions contained in what is presently referred to as Chapter 35, entitled "Special Vehicles and Pedestrians," specifically Subchapter A therein entitled "Operation of Pedalcycles" and as the same may be amended from time to time shall remain in full force and effect and as presently contained in the Vehicle Code (75 Pa.C.S.A. § 102 et seq.) §§ 3501 through and including 3509, which sections pertain to the applicability of traffic laws to pedalcycles, responsibility of parent or guardian, riding of pedalcycles, riding on roadways and pedal paths, articles carried by operator, lamps and other equipment and pedalcycles on sidewalks and pedal paths and parking.