Borough of Lewistown, PA Chapter 91 Bicycles

[HISTORY: Adopted by the Borough Council of the Borough of Lewistown 1-4-1945 by Ord. No. 1945-1; amended in its entirety 3-24-1986 by Ord. No. 86-2 (Ch. 3, Part 1, of the 1986 Code). Subsequent amendments noted where applicable.]

§ 91-1 Definitions.

The following definitions shall apply in the interpretation of this article:

CURRENT YEAR

The calendar year (January 1 to December 31).

PEDALCYCLE

Any vehicle powered solely or primarily by human-powered pedals, except a toy tricycle, toy car, big-wheel, or other like toy used by toddlers or young children.

PERSON

Any individual, partnership, firm, association, organization, corporation or other entity, and includes the parent, guardian or other legal custodian of a minor, and includes a pedalcycle rental agency and a dealer in secondhand or used pedalcycles.

REGISTRATION TAG

The device issued by the Police Department and imprinted with a serial number, the name of the Borough and the current year; the device which is to be displayed in a conspicuous place on a pedalcycle as visible evidence that the pedalcycle has been registered with the Police Department for the current year. The device may be a decal, metal plate, plastic tag, or the like; and the choice of the device to be used during a particular year shall be left to the Police Department.

§ 91-2 Registration of pedalcycles required.

It shall be unlawful for any person who resides in the Borough of Lewistown and who owns a pedalcycle to ride, or to permit another person to ride, the pedalcycle in the Borough unless that pedalcycle has been registered with the Police Department for the current year and the registration tag issued by the Police Department for the current year is displayed in a conspicuous place on the pedalcycle.

§ 91-3 Application for registration; form of application.

A. The application for registration of a pedalcycle shall be submitted to the Police Department and shall be accompanied by a registration fee of $1.

B. The application for registration of a pedalcycle shall be in such form and require the disclosure of such information as the Police Department may from time to time prescribe. However, the application form shall require not less than the following disclosures:

(1) The name and address of the owner of the pedalcycle;

(2) A description of the pedalcycle by make, model, style, color and wheel size;

(3) The manufacturer's frame number or the frame number assigned and imprinted by the Police Department on the pedalcycle; and

(4) A statement, under the criminal penalties of § 4904 of the Pennsylvania Crimes Code[1] relating to falsification of an unsworn statement to a public official, that the person in whose name the pedalcycle will be registered is the owner of the pedalcycle.

[1] Editor's Note: See 18 Pa.C.S.A. § 4904.

§ 91-4 Review of application and inspection of pedalcycle; issuance of registration card and registration tag; disposition of registration fees.

A. If the registration fee has been paid and all information required by the application form has been disclosed to the satisfaction of the Police Department, the Police Department shall inspect the pedalcycle for which the application form was submitted to ensure that the pedalcycle is in safe mechanical condition and any equipment required by the Pennsylvania Vehicle Code[1] is in good working order.

[1] Editor's Note: Pedalcycles are regulated by the Vehicle Code Ch. 75, Subchapter A (75 Pa.C.S.A. §§ 3501 through 3513).

B. Registration procedure.

(1) If the Police Department is satisfied that the pedalcycle and its equipment satisfy the requirements of Subsection A of this section, the Police Department shall:

(a) Accept the application form for filing with its pedalcycle registration records;

(b) Issue a registration tag for the current year for the pedalcycle; and

(c) Issue a registration card for the current year in the name of the owner of the pedalcycle.

(2) The registration card may be a copy of the application form or a separate document. In either case, it shall show the same information as that required by § 91-3B(1), (2) and (3) and show the registration serial number imprinted on the registration tag. The registration serial number on the registration tag shall be noted by the Police Department on the counterpart of the application form to be retained by it for filing with its pedalcycle registration records.

C. The registration tag shall be displayed in a conspicuous place on the pedalcycle.

D. The Police Department shall keep a record of all registration fees collected by it and shall periodically remit those fees to the Administration, Management and Financial Department of the Borough.

§ 91-5 Loss or destruction of registration tag or registration card; tag and card not transferable; procedures upon sale or transfer.

A. If a registration tag or a registration card is lost, stolen, destroyed or mutilated or altered, it shall be the duty and responsibility of the person to whom the tag or card was issued to notify the Police Department of that fact and to submit a new application for registration to the Police Department, accompanied by the full registration fee; A new registration tag and a new registration card for the current year shall be issued by the Police Department upon compliance with and pursuant to the requirements of § 87-4.

B. Neither a registration tag nor a registration card shall be transferable to another pedalcycle or to another person.

C. Upon the sale or other transfer of ownership of a registered pedalcycle, it shall be the responsibility of the former registered owner to notify the Police Department of that fact and to furnish the Police Department with the name and address of the new owner.

D. If the new owner is a resident of the Borough, it shall be his responsibility to apply for registration of the pedalcycle.

§ 91-6 Duties of dealers in secondhand or used pedalcycles.

Every person engaged in the Borough in the business of buying or selling secondhand or used pedalcycles shall make a report to the Police Department within seven days after each purchase or sale made by the person of a secondhand or used pedalcycle, giving: a) the name and address of the person from whom the pedalcycle was purchased or to whom the pedalcycle was sold; b) a description of the pedalcycle by make, model, style, color, wheel size, and frame number; and c) the serial number of any registration tag found on the pedalcycle and the name of the municipality which issued the registration tag.

§ 91-7 Removal, mutilation or alteration of frame number, registration tag or registration card.

Except for the removal or destruction of a registration tag or registration card after the expiration of the current year for which the tag or card was issued, it shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter a frame number on a pedalcycle or a registration tag or registration card issued for a pedalcycle.

§ 91-8 Riding and parking of pedalcycles.

A. The traffic laws, parking laws, rules of the road and other laws applicable to the riding and parking of a pedalcycle shall be those prescribed by the Pennsylvania Vehicle Code[1] and those supplemental regulations of the Borough next set forth in Subsections B and C.

[1] Editor's Note: Pedalcycles are regulated by the Vehicle Code Ch. 75, Subchapter A (75 Pa.C.S.A. §§ 3501 through 3513).

B. It shall be unlawful for any person who rides a pedalcycle on any sidewalk, street, alley or highway in the Borough (or on any sidewalk, road, path or lane in any park, playground, parking lot or other facility owned or operated by the Borough) where pedalcycles are permitted to be ridden, to:

(1) Knowingly permit any person on a sled, cart, roller skates, or other like apparatus or device to hold fast to, or attach the apparatus or device to, the pedalcycle while it is being ridden.

(2) Remove both hands from the handlebars or remove both feet from the pedals or do or perform any acrobatic stunts, fancy riding or trick riding.

(3) Knowingly ride or permit another person to ride a pedalcycle which is not in safe mechanical condition.

C. It shall be unlawful for any person to ride or park a pedalcycle upon private property in the Borough without the permission of the owner or occupant of the property.

§ 91-9 Violations and penalties.

A. Any person who violates any provision of this article shall, upon conviction of the offense, be sentenced to pay a fine of $10 and the costs of prosecution.

B. For the purposes of the imposition of the fine and costs prescribed by this section, the word "person," when applied to partnerships, firms or associations, shall mean the partners or members thereof; when applied to organizations or corporations, the officers thereof; and when applied to other entities, the officers, officials or other individuals responsible for managing the business or affairs of the entity.

C. For the purposes of this article and the imposition of the fine and costs prescribed by Subsection A of this section, the parent, guardian or other legal custodian of a minor who authorized or knowingly permitted the minor to violate a provision of this article shall be responsible for the violation by the minor.