[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.
[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.
The Chief of the Northwest Regional Police Department or
his designee.
The Northwest Regional Lancaster County Police Department
or any successor municipal or multimunicipal police department having
jurisdiction within the corporate boundaries of the Township.
