[Ord. 627, 5/3/1988, § I]
As used in this Part, the following terms shall have the meanings
indicated:
Any vehicle with two tandem wheels, with solid or pneumatic
tires, having a steering mechanism, a seat and propelled by human
power;
The Borough of Oxford, Chester County, Pennsylvania.
The use, putting into action or causing to function by a
person.
A vehicle propelled solely by human-powered pedals or a pedalcycle
with electric assist. The term does not mean a three-wheeled human-powered
pedal-driven vehicle with a main driving wheel 20 inches in diameter
or under and primarily designed for children six years of age or younger,
commonly known as a "tricycle or trike."[1]
[Added by Ord. No. 939-2020, 3/2/2020[2]]
[1]
Editor's Note: The former definition of "scooter," which immediately
followed, was repealed by Ord. No.
939-2020, 3/2/2020.
[2]
Editor's Note: This ordinance also changed the title of this
Part from "Bicycles, Scooters and Skateboards" to "Pedalcycles, Bicycles,
Scooters and Skateboards," and changed the title of this Subpart from
"Bicycles and Scooters" to " Pedalcycles and Bicycles."
[Ord. 627, 5/3/1988, § II; as amended by Ord. No. 939-2020, 3/2/2020]
1.
All pedalcycles
and bicycles operating in the Borough of Oxford:
A.
Shall
be equipped with a bell, horn or device capable of giving a signal
audible for a distance of at least 100 feet; no pedalcycle or bicycle
shall be equipped with a siren.
B.
Between
sunset and sunrise, shall be equipped on the front with a lamp which
emits a beam of white light that is visible from a distance of at
least 500 feet to the front; on the rear with a red reflector which
shall be visible at least 500 feet to the rear; and with an amber
reflector on each side.
C.
Shall
be equipped with brakes in good working condition.
[Ord. 627, 5/3/1988, § III; as amended by Ord. No. 939-2020, 3/2/2020]
1.
Prohibited areas of operation. It shall be unlawful for any person
to use, ride, propel or otherwise operate a pedalcycle or bicycle
on the public sidewalks of the following streets or highways within
the Borough of Oxford:
|
Street
|
Between
| |
|---|---|---|
|
Broad Street
|
Third Street and Fourth Street
| |
|
Hodgson Street
|
Penn Avenue and Fourth Street
| |
|
Lincoln Street
|
Market Street and Borough line
| |
|
Locust Street
|
Third Street and Penn Avenue
| |
|
Market Street
|
Third Street and Fifth Street
| |
|
Octorara Alley
|
Third Street and Second Street
| |
|
Pine Street
|
Third Street and Lancaster Avenue
| |
|
Third Street
|
Chase Street and South Street
|
2.
Pedalcycles and bicycles may be operated on sidewalks in public parks
and in residential districts, with due regard to the rights and safety
of pedestrians. Under such circumstances the rider shall yield the
right-of-way to the pedestrian, and when approaching a pedestrian
the speed of the pedalcycle or bicycle shall be reduced to a speed
which is no greater than necessary to continue the operation thereof
without the rider's dismounting and shall not be increased until the
pedestrian has been passed.
3.
Pedalcycles and bicycles may be operated on private property with
the permission of the property owner.
[Ord. 627, 5/3/1988, § IV]
1.
An operator of a pedalcycle or bicycle shall at all times operate
in due regards of other persons lawfully occupying the sidewalks,
property or streets upon, which said pedalcycle or bicycle is operated,
and the following rules shall specifically apply:
[Amended by Ord. No. 939-2020, 3/2/2020]
A.
Persons riding pedalcycles or bicycles upon a roadway shall not ride
more than two abreast, except on paths or parts of roadways set aside
for the exclusive use of pedalcycles or bicycles.
B.
No person operating a pedalcycle or bicycle shall cling or attach
himself or the pedalcycle or bicycle to any other moving vehicle.
C.
No person shall, while operating a pedalcycle or bicycle in the Borough
of Oxford, tow or drag any other vehicle, person or object behind
the pedalcycle or bicycle being operated.
D.
No person operating a pedalcycle or bicycle shall carry another person
on said pedalcycle or bicycle.
E.
The operator of a pedalcycle or bicycle emerging from an alley, driveway,
garage or private sidewalk shall stop the pedalcycle or bicycle before
driving onto or across a public sidewalk or street and shall exercise
extreme care in making such movements.
F.
No person shall operate a pedalcycle or bicycle while under the influence
of liquor, drugs or while physically or mentally unfit to safely operate
the same.
G.
No bicycle or scooter shall be operated upon any sidewalk in the
business portion of the Borough of Oxford.
H.
It shall be unlawful to park any pedalcycle or bicycle in such manner
as to interfere with pedestrians and the conduct of business or along
roadways where it may interfere with traffic or with persons getting
into or out of motor vehicles.
I.
All pedalcycles or bicycles operated on roadways shall be kept to
the right and shall be operated as near as practicable to the right-hand
edge of the roadway.
J.
No pedalcycle or bicycle shall be operated at any time faster than
is reasonable or proper, and operation shall be with reasonable regard
to the safety of the rider and of other persons and property.
K.
Every person operating a pedalcycle or 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 Borough authorized to direct and regulate traffic.
L.
No person shall indulge or engage in any kind of trick or unsafe
riding.
M.
The operation of a pedalcycle or bicycle on the roadway, when making
a right turn, shall follow the right-hand edge of the roadway; the
operation of a pedalcycle or bicycle on the roadway, when making a
left turn, shall approach the point of turning in a traffic lane nearest
the center of the roadway. No operator of a pedalcycle or bicycle
shall start, slow down, stop or attempt to turn without first indicating
such movement as provided by law.
N.
No person
under 16 years of age shall operate a pedalcycle or bicycle with electric
assist.
[Ord. 627, 5/3/1988, § V; as amended by Ord. No. 939-2020, 3/2/2020]
No owner or other person having charge or control of a pedalcycle
or bicycle shall knowingly authorize or permit the operation of the
same by any person who is incapable to do so by reason of age, physical
or mental disability or who is under the influence of alcohol or any
controlled substance.
[Ord. 627, 5/3/1988, § VI]
1.
Duty to Stop and Provide Information. When any operator of a pedalcycle
or bicycle is involved in an accident resulting in loss of life, personal
injury or damage to property and the operator thereof has knowledge
of such accident, he shall stop and give his name and address and
the name and address of the owner thereof to the injured person or
the person sustaining the damage or to a police officer. In the event
no police officer nor the person sustaining the damage is present
at the place where the damage occurred, then the operator shall immediately
report, as soon as he is physically able, the accident to the Borough
of Oxford police.
[Amended by Ord. No. 939-2020, 3/2/2020]
2.
The operator of any pedalcycle or bicycle involved in any accident
resulting in injuries or death to any person or resulting in property
damage to the estimated value of $50 or more shall, within seven days
after such accident, report the matter in writing to the Borough of
Oxford Police Department. If the operator is physically unable to
make the report and there is another participant in the accident not
so incapacitated, the participant shall make the report within the
prescribed period of time after the accident. In the event that there
is no other participant and the operator is other than the owner,
then the owner shall, within the prescribed period of time, after
learning of the facts of such accident, report the matter to the Police
Department, together with such information as may have come to his
knowledge relating to such accident. Every operator or owner of a
pedalcycle or bicycle involved in an accident or surviving participant
of any such accident shall make such other and additional reports
as required by the Borough of Oxford Police Department.
[Amended by Ord. No. 939-2020, 3/2/2020]
4.
Liability of Owner for Negligence; General Rule.
A.
Negligence in the use or operation of a pedalcycle or bicycle is
attributable to the owner. Every owner of a pedalcycle or bicycle
operated in the Borough of Oxford shall be liable and responsible
for death or injuries to persons or damage to property resulting from
negligence in the use or operation of such pedalcycle or bicycle with
permission, express or implied, of such owner.
[Amended by Ord. No. 939-2020, 3/2/2020]
B.
Exception. The negligence of the operator shall not be attributed
to the owner as any claim or cause of action accruing to the operator
or his local representatives for such injuries or death.
[Ord. 627, 5/3/1988, § VII; as amended by Ord.
636, 5/23/1989, § 1-6; by Ord. 810, 12/17/2007; and by Ord. No. 939-2020, 3/2/2020]
1.
Any person,
firm or corporation who shall violate any provision of this Part,
upon conviction thereof, shall be sentenced as follows:
A.
First
offense: a fine of $10 and costs.
B.
Second
offense: a fine of $25 and costs.
C.
Third
and any subsequent offenses: a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 626, 5/3/1988, § I; as amended by Ord. 815,
3/17/2008, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
The Borough of Oxford, Chester County, Pennsylvania.
That area delineated as the C-3 Central Business District on the Zoning Map of the Borough of Oxford and as set forth in the Zoning Ordinance of the Borough of Oxford of 1986, as amended from time to time [Chapter 27].
The use, putting into action or causing a function by a person.
Any vehicle consisting of a low footboard with a wheel or
wheels attached to each end, the front attached to a steering mechanism
and propelled by human power or motor.
[Added by Ord. No. 939-2020, 3/2/2020[1]]
Any vehicle consisting of a low footboard with a wheel or
wheels attached to each end, without a steering mechanism and propelled
by human power.
[1]
Editor's Note: This ordinance also changed the title of this
Subpart from "Skateboards" to "Skateboards and Scooters."
[Ord. 626, 5/3/1988, § II; as amended by Ord. 815,
3/17/2008, § 1; by Ord. 830, 5/17/2010, § 1; and
by Ord. No. 939-2020, 3/2/2020]
1.
Prohibited
Areas of Operation. It shall be unlawful for any person to use, ride,
propel or otherwise operate a skateboard or scooter as follows:
[Ord. 626, 5/3/1988, § III; as amended by Ord.
815, 3/17/2008, § 1; and by Ord. No. 939-2020, 3/2/2020]
1.
An operator of a skateboard or scooter shall at all times operate
in due regard of other persons lawfully occupying the sidewalks, property
or streets upon which said skateboard or scooter is operated, and
the following rules shall specifically apply:
A.
When more than two persons in a group are operating skateboards or
scooters in the Borough of Oxford, they shall ride in a single file.
B.
No person shall, while operating a skateboard or scooter in the Borough
of Oxford, tow or drag any other vehicle, person or object behind
the skateboard or scooter being operated.
C.
No person operating a skateboard or scooter shall carry another person
on the skateboard or scooter.
D.
The operator of a skateboard or scooter emerging from an alley, driveway,
garage or private sidewalk shall stop the skateboard or scooter before
driving onto or across a public sidewalk and shall exercise extreme
care in making such movements.
E.
No person shall operate a skateboard or scooter while under the influence
of liquor, drugs or while physically or mentally unfit to safely operate
the same.
F.
It shall be unlawful to park any skateboard or scooter in such a
manner as to interfere with pedestrians and the conduct of business
or along roadways where it may interfere with traffic or with persons
getting into or out of motor vehicles.
G.
No skateboard or scooter shall be operated at any time faster than
is reasonable or proper and with reasonable regard to the safety of
the rider and of other persons and property.
H.
No person shall indulge or engage in any kind of trick or unsafe
riding.
I.
All skateboard or scooter operators must be equipped with helmet
and appropriate safety equipment when operating the skateboard or
scooter in the Borough of Oxford.
J.
For purposes of skateboard or scooter operation within the Borough
of Oxford, waxing or the application of any lubricant to public curbing,
sidewalk or roadway is strictly prohibited.
K.
A person engaged in riding a skateboard or scooter shall obey traffic
and pedestrian control signals as provided under the Pennsylvania
Motor Vehicle Code, 75 Pa. C. S. A. §§ 101 et. seq.
L.
The person engaged in skateboarding or scootering shall yield the
right-of-way to any pedestrian and may not overtake or pass a pedestrian
while riding upon or propelling the skateboard or scooter.
M.
No person engaged in skateboarding or scootering shall suddenly leave
a curb, sidewalk, or berm or any other place of safety and ride upon
or propel any skateboard into or toward the path of a vehicle which
is so close as to constitute a hazard.
N.
Between
sunset and sunrise, no person shall operate a skateboard or scooter
unless he or she is wearing a vest or jacket that contains reflective
material on both the front and the back.
[Ord. 626, 5/3/1988, § IV; as amended by Ord. 815,
3/17/2008, § 1; and by Ord.
No. 939-2020, 3/2/2020]
No owner or other person having charge or control of a skateboard
or scooter shall knowingly authorize or permit the operation of the
same by any person who is incapable to do so by reason of age, physical
or mental disability or who is under the influence of alcohol or any
controlled substance.
[Ord. 626, 5/3/1988, § V; as amended by Ord. 815,
3/17/2008, § 1; and by Ord.
No. 939-2020, 3/2/2020]
1.
Duty to Stop and Provide Information. When any operator of a skateboard
or scooter is involved in an accident resulting in loss of life, personal
injury or damage to property and the operator thereof has knowledge
of such accident, he shall stop and give the name and address of the
operator and the name and address of the owner of the skateboard or
scooter to the injured person or the person sustaining the damage
or to a police officer. In the event no police officer or the person
sustaining the damage is present at the place where the damage occurred,
then the operator shall immediately report, as soon as physically
able, the accident to the Borough of Oxford police.
2.
The operator of any skateboard or scooter involved in any accident
resulting in injuries or death to any person or resulting in property
damage to the estimated value of $50 or more shall, within seven days
after such accident, report the matter in writing to the Borough of
Oxford Police Department. If the operator is physically unable to
make the report and there is another participant in the accident not
so incapacitated, the participant shall make the report within the
prescribed period after the accident. In the event that there is no
other participant and the operator is other than the owner, then the
owner shall, within the prescribed period of time, after learning
of the facts of such accident, report the matter to the Police Department,
together with such information as may have come to the owner's knowledge
relating to the accident. Every operator or owner of a skateboard
or scooter involved in an accident or surviving participant of any
such accident shall make such other and additional reports as required
by the Borough of Oxford Police Department.
[Ord. 626, 5/3/1988, § VI; as amended by Ord. 636,
5/23/1989, § 1-6; by Ord. 810, 12/17/2007; by Ord. 815,
3/17/2008, § 1; and by Ord.
No. 939-2020, 3/2/2020]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof, shall be sentenced as follows:
A.
First offense: a fine of $10 and costs.
B.
Second offense: a fine of $25 and costs.
C.
Third and any subsequent offenses: a fine of not more than $1,000
plus costs and, in default of payment of said fine and costs, to a
term of imprisonment not to exceed 30 days. Each day that a violation
of this Part continues shall constitute a separate offense.
