[Adopted 1-19-1982 (Ch. 49 of the 1976 Code)]
A.
BICYCLE
DOWNTOWN AREA
OPERATOR
SIDEWALK
For the purpose of this chapter, the terms used herein are defined
as follows:
Every device propelled by the feet acting upon pedals, having
wheels, any one of which is more than 20 inches in diameter.
Shall encompass the area bounded by the following streets,
and shall include the sidewalks appurtenant thereto: Beginning at
the corner of Court Street and West Main Street; running thence east
on West Main Street to the corner of Peconic Avenue and West Main
Street; thence south on Peconic Avenue to the Town line; thence east
along the Town line to the intersection of McDermontt Avenue and to
the Town line; thence north on McDermontt Avenue to the intersection
of McDermontt Avenue and East Main Street; thence east on East Main
Street to the corner of East Main Street and Howell Avenue, thence
west from the corner of Howell Avenue and East Main Street to the
corner of East Main Street and Ostrander Avenue; thence north on Ostrander
Avenue to the intersection of Ostrander Avenue and Second Street;
thence west on Second Street to the intersection of Second Street
and Roanoke Avenue; thence north on Roanoke Avenue to the intersection
of Roanoke Avenue and Railroad Avenue; thence west on Railroad Avenue
to the intersection of Railroad Avenue and Osborne Avenue; thence
south on Osborne Avenue to the intersection of Osborne Avenue and
Court Street; thence west on Court Street to the intersection of Court
Street and West Main Street. The "downtown area" shall also include
that portion of Pulaski Street from the intersection of Pulaski Street
and Osborne Avenue; thence west on Pulaski Street to the intersection
of Pulaski Street and Marcy Avenue.
[Amended 9-5-1995]
Any person who operates a bicycle on any public highway or
sidewalk.
That portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
the use of pedestrians.
Except as actually set forth in this chapter, the Town of Riverhead
hereby incorporates by reference the provisions of Article 34, § 1230
et seq., of the Vehicle and Traffic Law of the State of New York as
it now exists and as from time to time may be amended. Should the
requirements of this chapter conflict with or otherwise be inconsistent
with any provision or requirement of the Vehicle and Traffic Law,
the more stringent provisions, or those imposing the higher standards,
shall govern.
Every rider and operator shall comply with the following rules
and regulations:
A.
Riding abreast. When two or more persons in a group are operating
bicycles on a roadway, they shall ride single file.
B.
Extra passenger. No person operating a bicycle shall carry another
person, except upon a seat specifically provided for such passenger.
C.
Emerging from alleys, driveways and garages. The operator of a bicycle
emerging from an alley, driveway, garage or private sidewalk shall
stop the bicycle immediately prior to driving onto or across a public
sidewalk or onto or across a public sidewalk line projected across
an alley and shall exercise extreme care in making such movements.
D.
Clinging to vehicles. No person operating a bicycle shall cling or
attach himself or the bicycle to any other moving vehicle.
E.
Intoxication. No person shall operate a bicycle while in an intoxicated
condition.
F.
Drugs. No person shall operate a bicycle while his ability to operate
such a bicycle is impaired by the use of a drug as defined in the
Vehicle and Traffic Law § 1192, Subdivision 4.
G.
Lights. No bicycle shall be operated within the period from sunset
to sunrise without having a properly lighted headlight attached to
the front of the bicycle, visible under normal atmospheric conditions
from the front thereof a distance of not less than 300 feet, nor without
having a red light or a reflector attached to the rear of the bicycle,
which is clearly visible in the headlight beam of a motor vehicle
for a distance of not less than 200 feet to the rear of the bicycle.
H.
Mechanical condition. No person shall operate a bicycle which is
not in such mechanical condition so that it can be safely operated.
I.
Trick riding. Any person operating a bicycle shall refrain from any
trick riding and shall operate said bicycle with at least one hand
on the handlebars.
J.
Compliance with regulations. Every person operating a bicycle shall
obey all stop signs and traffic control signals and comply with all
traffic regulations of the Town.
K.
Sidewalks restricted. No person shall operate, park, abandon or keep
motionless a bicycle on any sidewalk within the downtown area as hereinabove
described. However, the walking of bicycles in an orderly manner on
such sidewalks and the parking of bicycles in an upright position
on the sidewalks at curbside parallel to the road shall be permitted.
L.
Speed. No person shall operate a bicycle at a speed greater than
is reasonable and prudent under the conditions and having regard to
the actual and potential hazards then existing.
M.
Traffic regulations. Every person operating a bicycle shall strictly
observe all traffic signs and signals and all other traffic rules
and regulations applicable thereto and shall obey the orders and directions
of every officer of the Town authorized to direct or regulate traffic.
It shall be a violation for any person to possess or any dealer
in bicycles operating in the Town to purchase, receive in trade or
otherwise acquire any bicycle from which the serial number on the
frame has been removed, destroyed, mutilated or altered, without first
reporting the same to the Riverhead Police.
A.
When any bicycle is operated, parked, abandoned or kept motionless on any sidewalk within the downtown area, not in accordance with § 213-3K hereinabove described, said bicycle may be removed by the Riverhead Town Police.
B.
When any bicycle is found unattended on any public highway in the
Town of Riverhead where such bicycle constitutes an obstruction of
traffic, such bicycle may be removed by the Riverhead Town Police.
C.
When any bicycle is parked or abandoned within the Town of Riverhead
where parking, stopping or standing is prohibited or said bicycle
is parked upon private property without the consent of the owner of
such property, such bicycle may be removed by the Riverhead Town Police.
D.
Any bicycle operated or possessed in violation of this chapter may
be removed by the Riverhead Town Police.
A.
Prior to releasing any bicycle removed by the Riverhead Town Police
under the authority of the preceding sections, the alleged owner of
the bicycle shall execute a sworn affidavit, under penalty of perjury,
describing the bicycle and alleging ownership of the bicycle by the
affiant. Such sworn statements shall be a record kept and maintained
by the Riverhead Police Department.
B.
The owner of the impounded bicycle shall also be required to pay
an impound charge for the removal and a storage fee for every day
after removed, such fee to be paid to the desk sergeant before release
of the bicycle. Such charges and fees shall be determined annually
by the Town Board.
C.
An impound form shall be used by the Police for each removal.
D.
Redemption of bicycles shall be made from the Riverhead Police Department
during the hours of 8:30 a.m. to 3:30 p.m., Monday through Friday,
excluding holidays.
[Added 8-6-1991]
The disposition of unclaimed bicycles shall be governed by Article
7-B of the Personal Property Law.
The Riverhead Police Department shall enforce the provisions
of this chapter by the issuance of a summons returnable in the Riverhead
Justice Court.
The Superintendent of Highways is directed to mark the corner
curb/sidewalk areas in the downtown area, stating "Bicycles Prohibited."
A violation of this chapter shall be punishable by imprisonment
of up to 15 days and/or a fine of up to $250.
