Township of West Donegal, PA
Lancaster County
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[HISTORY: Adopted by the Board of Supervisors of the Township of West Donegal 6-3-1985 by Ord. No. 49 (Ch. 3, Part 1, of the 1984 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 220.
From and after the first day of July 1985, it shall be unlawful for any person or persons to operate or use a bicycle upon any of the streets, roads or public thoroughfares of the Township of West Donegal without first obtaining a license therefor and without having said bicycle properly registered and tagged.
Application for licenses shall be filed with and maintained by the Chief of Police or any other authorized Township official upon forms provided for that purpose. The application shall contain the name, date of birth and address of the owner and a description of the bicycle, together with the identification number on the frame of the bicycle. No license shall be issued unless it can be determined that the applicant is the owner of said bicycle or that he is entitled to possession thereof. In the event that the owner of the bicycle is a minor under the age of 18 years, then the parent, guardian or person having the care of such minor shall make application on behalf of such minor owner.
The license fee to be paid for each bicycle shall be as set by resolution by the Board of Supervisors. Licenses shall be transferred upon payment of the license fee when the ownership of said bicycle is transferred. Upon application and satisfactory evidence of the loss of a tag, a new tag may be issued upon payment of the license fee. The license tag issued by the Township shall be displayed on the bicycle at all times.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 4-3-2006 by Ord. No. 170-2006]
It shall be the duty of every person who dismantles, reduces to junk, or takes out of operation any bicycle, whether the bicycle be registered or not registered, to report the same to the Northwest Regional Police Department.
[Amended 4-3-2006 by Ord. No. 170-2006]
It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the number on any bicycle frame, and it shall be unlawful for any person to remove, destroy, mutilate or alter any license tag; provided, however, that if any bicycle does not have a serial number stamped on the frame, or if such number is illegible, then the Northwest Regional Police Department may stamp or engrave an identification number on the frame of such bicycle.
If any bicycle is found on a street, road or public thoroughfare of the Township of West Donegal without a license tag as above set forth, or with a mutilated or altered serial number, or no serial number stamped on the frame of the bicycle, it shall be prima facie evidence that said bicycle is being operated without proper registration and shall be impounded as hereinafter set forth.
[Amended 4-3-2006 by Ord. No. 170-2006]
If the operator of any bicycle shall violate any of the provisions of this chapter, said bicycle shall be immediately taken and impounded by the Northwest Regional Police Department and shall be so held by the Northwest Regional Police Department for a period not exceeding 10 days to be determined by the Chief of Police. In the event any bicycle is found in the condition set forth in § 65-6, the Northwest Regional Police Department shall take possession of such bicycle and hold the same until proper ownership is proven.
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 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 worn by the operator of a bicycle shall 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 of Transportation of the Commonwealth of Pennsylvania.
[Amended 10-7-1996 by Ord. No. 109-1996; 5-19-1997 by Ord. No. 114-1997]
If the Board of Supervisors or the officer designated to enforce this chapter by the Board of Supervisors determines that a person has committed or permitted the commission of a violation of this chapter, the Board of Supervisors or such enforcement officer shall inform such person in writing of the violation, shall notify such person to cease the violation of this chapter and shall inform such person that he or she must pay a civil penalty to the Township within the range of the amounts set forth below to settle the violation. The penalty for a first offense shall be not less than $25 and not more than $100; the penalty for a second offense shall be not less than $50 and not more than $200; and the penalty for a third or greater offense shall be not less than $100 and not more than $600. If such person fails or refuses to remit the penalty to the Township within 10 days from the date of the written notice of the violation of this chapter, the Township may commence a civil enforcement proceeding seeking penalties and costs for the violation of this chapter and/or may commence an action in equity. The Township shall seek a judgment for the penalty previously imposed together with additional daily penalties for continuing violations plus all court costs, including the reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Each day that a violation continues shall constitute a separate violation, and each section of this chapter which is violated shall constitute a separate violation. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
[Added 4-3-2006 by Ord. No. 170-2006]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory.
CHIEF OF POLICE
The Chief of the Northwest Regional Police Department or his designee.
NORTHWEST REGIONAL POLICE DEPARTMENT
The Northwest Regional Lancaster County Police Department or any successor municipal or multimunicipal police department having jurisdiction within the corporate boundaries of the Township.