[Adopted 12-1-1980 by Ord. No. 741]
[Amended 11-2-1981 by Ord. No. 760; 9-5-1995 by Ord. No. 1194]
All bicycles owned or operated by residents of the City of Gardner
on public ways or places to which the public has a right of access
within the City limits of Gardner shall be registered at the Gardner
Police Department; said registration shall consist of a numbered decal,
the fee for which shall be $0.75.
[Amended 6-16-1997 by Ord. No. 1240]
A.
The following shall be mandatory equipment on all bicycles operated
on public ways or ways to which the public has a right of access:
(1)
Braking
system to enable the operator to bring a bicycle traveling at a speed
of 15 miles per hour to a smooth, safe stop within 30 feet on a dry,
clean, hard, level surface.
(2)
A white headlight visible to oncoming vehicular traffic for a distance of at least 500 feet when directly in front of lawful lower beams of head lamps on a motor vehicle [for operation under § 330-3A(2) hereunder].
(3)
A red light or reflector in the rear visible to vehicular traffic in the rear for a distance not less than 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle [for operation under § 330-3A(2) hereunder].
(4)
On each pedal a reflector, or around each ankle reflective material, and reflectors or reflective material on the bicycle or the operator, visible on each side for a distance of 600 feet when directly in front of lawful lower beams of head lamps on a motor vehicle [for operation under § 330-3A(2) hereunder].
B.
Handlebars shall not be raised so that the operator's hands are above
his shoulders while gripping them. Any alteration to extend the fork
of a bicycle from the original design construction of the bicycle
manufacturer is prohibited.
A.
No bicycle shall be operated on any public way or ways to which the
public has a right of access without complying with the following:
(1)
No bicycle shall be operated so as to damage or interfere with the
use and enjoyment of any park or playground within the City or with
any equipment, playing fields or courts, gardens and shrubbery found
within.
[Added 1-5-1981 by Ord.
No. 742; amended 6-16-1997 by Ord. No. 1240]
(4)
No bicycle shall be parked so as to impede pedestrian or vehicular
traffic.
(5)
No bicycle shall be operated with more than one person unless the
bicycle is designed to carry more than one person.
(6)
No bicycle shall be operated with goods in hand except in or on a
basket, rack or trailer or other device designed for such purposes.
[Amended 6-16-1997 by Ord. No. 1240]
(7)
No bicycle shall tow another bicycle or be allowed to be towed except
as otherwise permitted by this article.
[Amended 6-16-1997 by Ord. No. 1240]
(8)
No bicycle shall be operated against the normal flow of traffic.
[Amended 6-16-1997 by Ord. No. 1240]
(9)
Bicycles shall be operated single file on the right side on any way
except when passing.
[Amended 6-16-1997 by Ord. No. 1240]
(10)
The bicycle operator shall signal by either hand his intention
to stop or turn.
[Amended 6-16-1997 by Ord. No. 1240]
(11)
The operator of any bicycle shall report any accident involving
personal injury or property damage in excess of $100, or both, occurring
in the City of Gardner to the Gardner Police Department.
[Amended 6-16-1997 by Ord. No. 1240]
(12)
The operator shall ride only upon or astride a permanent and
regular seat attached to the bicycle; a passenger shall ride only
upon or astride a permanent and regular seat attached to the bicycle
or to a trailer towed by the vehicle.
[Amended 6-16-1997 by Ord. No. 1240]
(13)
The operator shall not transport another person between the
ages of one to four years, or weighing 40 pounds or less, on a bicycle
except in a "baby seat," so called, attached to the bicycle, in which
such other person shall be able to sit upright; provided, however,
that such seat is equipped with a harness to hold person securely
and protection is provided against the feet or hands hitting the spokes,
or upon or astride a seat of a tandem bicycle equipped so that the
other person can comfortably reach the handlebars and pedals. The
operator shall not transport any person under the age of one year
on said bicycle.
[Added 6-16-1997 by Ord.
No. 1240]
(14)
Any person 16 years of age or younger operating a bicycle or
being carried as a passenger on a bicycle on a public way, bicycle
path or on any other public right-of-way shall wear a helmet. Said
helmet shall fit the person's head, shall be secured to the person's
head by straps while the bicycle is being operated, and shall meet
the standards for helmets established by the United States Consumer
Product Safety Commission. These requirements shall not apply to a
passenger if the passenger is in an enclosed trailer or other device
which adequately holds the passenger in place and protects the passenger's
head from impact in an accident.
[Added 6-16-1997 by Ord.
No. 1240; amended 11-18-2013 by Ord. No. 1563]
(15)
All bicycles while being operated within the City of Gardner
on its public ways or ways to which the public has the right of access
will adhere to the laws of the road, MGL c. 89 and MGL c. 90.
[Added 6-16-1997 by Ord.
No. 1240]
B.
Whoever violates the provisions of Subsection A(1) through (15) above shall be punished by a fine of not more than $20. The parent or guardian of any person under age 18 shall not authorize or knowingly permit any such person to violate any of the provisions of these subsections. A bicycle operated by a person under the age of 18 in violation of these subsections may be impounded by the Police Department for a period not to exceed 15 days. A violation of any provision of these subsections by a minor under the age of 18 shall not affect any civil right or liability nor shall such violation be considered a criminal offense.
[Amended 1-5-1981 by Ord.
No. 742; 6-1-1981 by Ord. No. 754; 11-2-1981 by Ord. No. 760; 9-21-1992 by Ord. No.
1103; 6-16-1997 by Ord. No. 1240; 6-21-1999 by Ord. No. 1304]
C.
At or before the completion of each tour of duty, the officer shall
give to his commanding officer those copies of each notice of such
violations taken cognizance of during such tour. Said commanding officer
shall retain and safely preserve one of such copies and shall, at
a time no later than the beginning of the next court day after receipt
of such notice, deliver another of such copies to the clerk of the
court before whom the offender has been notified to appear. The clerk
of each district court shall maintain a separate docket of all such
notices to appear.
D.
A police officer taking cognizance of any such violations may request
the offender to state his true name and address. Whoever, upon such
request, refuses to state his name and address, or states a false
name and address or a name and address which are not his name and
address in ordinary use, shall be punished by a fine of not less than
$20 nor more than $50. Any such offender so refusing to state his
name and address may be arrested without a warrant, but no person
shall be arrested without a warrant for any other violation of this
article.
All fines collected pursuant to this article shall be used by
the City of Gardner for the development and implementation of a bicycle
program.
