Borough of State College, PA
Centre County
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Table of Contents
Table of Contents
[Ord. 954, 5/9/1979, Section 1; amended by Ord. 1748, 5/23/2003, Section 1; Ord. 1931, 7/13/2009, Section 2]
As used in this ordinance, the following words will be deemed to have the meaning set forth herein:
BICYCLE
See Pedalcycle.
BICYCLE ESTABLISHMENT or BICYCLE DEALER
Any business operated by any person, partnership, association or corporation wherein new or used pedalcycles or pedalcycle parts are purchased, sold, exchanged, rented, bartered, repaired, remodeled, dismantled or junked.
BICYCLE ROUTE
Streets specially designated as a safer and more convenient route for pedal-cyclists riders, clearly marked and distinctive to motorists to drive carefully.
BOROUGH
Borough of State College.
DEPARTMENT
The Department of Transportation of the Commonwealth of Pennsylvania.
DOWNTOWN DISTRICT
Includes all territory, highways, and sidewalks contiguous to and contained within that portion of the Borough of State College bound by College Avenue, Beaver Avenue, High Street, and Atherton Street, and the 200 blocks of South Pugh Street, Fraser Street, and Allen Street.
LICENSING AUTHORITY
The State College Police or any designated establishment, or the Pennsylvania State University.
MOTOR VEHICLE
A vehicle which is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power or by electric power obtained from overhead trolley wires, but not operated upon rails.
MOTOR-DRIVEN CYCLE
A motorcycle, including a motor scooter, with a motor which produces not to exceed five brake horsepower.
MOTORIZED PEDALCYCLE
A motor-driven cycle equipped with operable pedals, a motor rated no more than 1.5 brake horsepower, a cylinder capacity not exceeding 50 cubic centimeters, an automatic transmission and a maximum design speed of no more than 25 miles per hour or an electric motor-driven cycle equipped with operable pedals and an automatic transmission powered by an electric battery or battery-pack-powered electric motor with a maximum design speed of no more than 25 miles per hour.
PEDALCYCLE (INCLUDES BICYCLE)
A vehicle propelled solely by human-powered pedals. 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.
PEDESTRIAN
A natural person afoot.
REFLECTOR
Any device which shall be equivalent to at least one inch in diameter, constructed of metal and/or glass, used to reflect light for safety and visibility.
REGISTRATION TAG
A tag or sticker supplied to a pedalcycle owner after completion of the required pedalcycle registration.
ROADWAY
The portion of the highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder even though such sidewalk, berm or shoulder is used by pedalcycles.
SEGWAY (TRADEMARK) or ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD)
A self-balancing, two-nontandem-wheeled device designed to transport only one person with an electric propulsion system.
STREET
Any public road, street, alley or trafficway, but not including grassplots or sidewalks.
TRAFFICWAY
The entire width between property lines or other boundary lines of every way or place of which any part is open to the public for purposes of vehicular travel as a matter of right or custom.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheel chair or an electrical mobility device operated and designed for the exclusive use by a person with a mobility-related disability.
[Ord. 954, 5/9/1979, Section 2, 3.a, 3.b, 3.c, 3.d; amended by Ord. 1914, 12/15/2008, Section 1; Ord. 1931, 7/13/2009, Section 2]{10}
a. 
Required.
(1) 
No person shall ride a pedalcycle within the Borough on any street or on any public path set aside for the exclusive use of pedalcycles, unless and until such pedalcycle has been registered and a registration tag is attached thereto as provided herein.
(2) 
The foregoing shall not apply to persons who are not residents of the Borough and who ride a pedalcycle within the Borough on a street or a public path less than 10 times per year.
b. 
Application.
(1) 
Application forms for a pedalcycle registration tag shall be provided by the Borough of State College.
(2) 
Application for pedalcycle registration may be made in the following manner:
(a) 
Through State College Police Department;
(b) 
Through any participating bicycle establishment;
(c) 
Through the designated agency at The Pennsylvania State University; or,
(d) 
By mail, through the State College Police, by enclosing signed application(s) and a self-addressed, stamped envelope.
c. 
Liability of Owner/Renewal/Fees.
(1) 
All pedalcycles must be registered no later than 10 days after purchase.
(2) 
The registration period for pedalcycles shall be during a fiscal year, June 1 to May 31.
(3) 
No fee will be charged by the Borough of State College for annual pedalcycle registration.
[Ord. 954, 5/9/1979, Sections 5.a, 5.b, 5.c, 5.d, 5.e, 6.a and 6.b.; amended by Ord. 1931, 7/13/2009, Section 2]
a. 
The licensing authority, upon receiving proper application, shall issue a registration tag which shall be affixed to the pedalcycle by the applicant.
b. 
The licensing authority shall not issue a registration tag for any pedalcycle when there are reasonable grounds to believe the applicant is not the owner of or entitled to the possession of the pedalcycle to be registered.
c. 
The licensing authority shall keep a record of the registration, the date issued, the name and address of the person to whom issued and the number on the frame of the pedalcycle for which issued. If the authority is other than the State College Police, or the Pennsylvania State University, copies of the form shall be forwarded to the licensing authority.
d. 
If a pedalcycle does not have a serial number and if proof of ownership can be made, the licensing authority shall require the owner to bring the pedalcycle to the State College Police to have an assigned serial number marked into the pedalcycle frame.
e. 
Upon receipt of an application for pedalcycle registration through the mail, the licensing authority shall process the application within five business days and return to the applicant a registration tag in the self-addressed, stamped envelope provided by the applicant.
f. 
The pedalcycle owner shall be required to affix the registration tag upon the rear mud guard or frame of the appropriate pedalcycle in such a position as to be plainly visible.
g. 
No person shall remove a registration tag (sticker) from a pedalcycle during the period for which it is issued, except upon a transfer of ownership or in the event the pedalcycle is dismantled and/or is no longer operated upon any street in the Borough.
[Ord. 954, 5/9/1979, Section 6.e.; amended by Ord. 1931, 7/13/2009, Section 2]{20}
A bicycle establishment shall not rent or offer any pedalcycle for rent unless the pedalcycle is registered and a registration tag is attached thereon, as provided, and such pedalcycle is equipped as required by the Pennsylvania Vehicle Code.
[Ord. 954, 5/9/1979, Sections 8.a, 10 and 10.a; amended by Ord. 1748, 5/23/2003, Section 2, 3; Ord. 1931, 7/13/2009, Section 2]
a. 
Every person operating a pedalcycle upon a street shall be granted all the rights and shall be subject to all of the duties applicable to the operator of a vehicle by the laws of this Commonwealth declaring rules of the road applicable to vehicles or by the ordinances of this Borough applicable to the operator of a vehicle, except as to special regulations in this article and except as to those provisions of laws and ordinances which, by their nature, can have no application.
b. 
Riding on Sidewalks. No pedalcycle, Segway or other EPAMD, as defined in this ordinance, shall be ridden upon a sidewalk within the downtown district unless permitted by official traffic control devices. Pedalcycles, Segways or other EPAMD shall be permitted on sidewalks outside of the downtown district.
c. 
No person shall drive any vehicle except a human-powered vehicle upon a sidewalk or sidewalk area except for a vehicle designed for the exclusive use by a person with a mobility-related disability or a Segway or other EPAMD.
d. 
Riding on Streets and Bicycle/Pedalcycle Paths.
(1) 
Every person operating a pedalcycle upon a street shall ride as near to the right side of the street as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction, and shall ride in the same direction as traffic.
(2) 
Persons riding on pedalcycles, Segways, or other EPAMD upon a street, bicycle/pedalcycle path, or sidewalk shall ride to the right side.
(3) 
Any person operating a pedalcycle upon a street which carries traffic in one direction only (one-way streets) and has two or more marked lanes may ride as near to the left-hand curb or edge of the street as practicable, exercising due care when passing a standing vehicle or a vehicle proceeding in the same direction.
e. 
Limitations of riding abreast. Persons riding pedalcycles 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.
f. 
Slower than prevailing speeds. A pedalcycle operated at a slower than prevailing speed shall be driven in the right-hand lane when available for traffic, or as close as practicable to the right-hand curb or edge of the roadway except when preparing for a left turn at an intersection.
g. 
Right-Of-Way to Pedestrians. A person riding a pedalcycle, Segway, or other EPAMD upon a sidewalk or bicycle/pedalcycle path shall yield the right-of-way to pedestrians and shall give an audible signal, by way of bell, horn or voice before overtaking and passing a pedestrian.
h. 
Passengers Illegal. A person pedaling a pedalcycle shall not ride other than upon or astride a permanent and regular seat attached thereto. A pedalcycle shall not be used to carry more persons on it at one time than the number for which it is designed and equipped, except that an adult rider may transport a child in a pedalcycle child carrier which is securely attached to the pedalcycle or in a trailer which is towed by a pedalcycle.
i. 
Clinging to Vehicles Prohibited. No person riding upon any pedalcycle shall attach the same or himself to any moving vehicle upon a street for the purpose of being pulled along with the moving vehicle.
j. 
Carrying Articles. No person operating a pedalcycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebars or obstructs the driver's vision.
k. 
Improper Riding, Trick Riding, Racing.
(1) 
No person operating a pedalcycle, Segway, or other EPAMD from a street, sidewalk or bicycle/pedalcycle path shall participate in any race, speed or endurance contest, unless such race or endurance contest has the written permission of the Borough Manager and is under the supervision of the State College Police.
(2) 
No person riding or operating a pedalcycle, Segway, or other EPAMD shall perform any acrobatic, fancy or stunt riding upon any street, sidewalk or bicycle/pedalcycle path unless it is an organized activity approved by the Borough Manager and under the supervision of the State College Police.
l. 
Obedience to Traffic Control Devices.
(1) 
All persons operating a pedalcycle shall obey the instructions of official traffic-control devices applicable to vehicles, unless otherwise directed by a police officer or any appropriately attired person authorized to direct, control or regulate traffic.
(2) 
Whenever authorized signs are erected indicating that no right, left, or "U" turn is permitted, no person operating a pedalcycle shall disobey the direction of any such sign, except where such person dismounts from the pedalcycle to make any such turn, in which event such person shall then obey the regulations applicable to pedestrians.
(3) 
Whenever authorized signs are erected, either permanently or temporarily, indicating that a road is closed all bicyclists must dismount and travel through such areas on foot, thereby abiding to all laws and ordinances regulating pedestrian traffic unless it is an organized pedalcycle activity approved by the Borough Manager and under the supervision of the State College Police.
m. 
Stopping, Turning, Signaling.
(1) 
No pedalcycle operator shall suddenly stop, slow down or turn without giving an arm signal required by State law for the operation of motor vehicles. The proper arm signals are as follow:
(a) 
For a left turn, the hand and arm shall be extended horizontally.
(b) 
For a right turn, the hand and arm shall be extended upward or a rider may also signal a right turn by extending the right hand and arm horizontally.
(c) 
To stop or decrease speed, the hand and arm shall be extended downward.
(2) 
Every person riding or operating a pedalcycle, intending to turn right at an intersection, shall approach the turning point in the line of traffic nearest the right-hand curb of the street.
(3) 
Every person riding or operating a pedalcycle, intending to turn left at an intersection, shall approach the point of turning in the line of traffic nearest to the center of the roadway. The pedalcycle operator, in turning left at an intersection, shall pass to the left of the center of the intersection before turning, unless otherwise directed by markers, buttons or signs, except upon one-way streets. At intersections where traffic is moving in opposite directions, if it is not safe for pedalcycles to make turns, as mentioned above, the pedalcycle operator shall stay in the right-hand lane and ride to the opposite corner, then dismount and walk the pedalcycle to the left-hand corner and proceed. Left-hand turns may also be made by riding to the opposite corner and then turning left and riding in normal riding position. Crosswalks shall be used when walking a pedalcycle through an intersection.
n. 
Parking.
(1) 
A person may park a pedalcycle on a sidewalk, unless prohibited or restricted by an official traffic control device. A pedalcycle parked on a sidewalk shall not impede the normal and reasonable movement of pedestrian or other traffic.
(2) 
No person shall chain or secure a pedalcycle to any Borough stop sign, parking sign or any other official sign, nor any Borough trees or parking meters.
(3) 
Bicycle/pedalcycle racks are to be used, where available. No person shall chain or secure a pedalcycle to a bicycle/pedalcycle rack within a street right-of-way in excess of 72 hours. No person shall chain or secure a bicycle to a bicycle/pedalcycle rack in a municipal parking facility in excess of 30 days.
o. 
Owner's Consent to Operate. No person shall intentionally take or ride a pedalcycle without the consent of the owner.
[Ord. 954, 5/9/1979, Sections 9.a, b and c; amended by Ord. 1748, 5/23/2003, Section 6; Ord. 1931, 7/13/2009, Section 2]
a. 
Every pedalcycle, Segway, or other EPAMD when in use between sunset and sunrise, shall be equipped on the front with a lamp which emits a white light intended to illuminate the pedalcycle operator's path and visible from a distance of at least 500 feet to the front, red reflector facing to the rear, and an amber reflector on each side. Operators of pedalcycles may supplement the required front lamp with a white flashing lamp, light-emitting diode or similar device to enhance their visibility to other traffic and with a lamp emitting a red flashing lamp, light-emitting diode or similar device visible from a distance of 500 feet to the rear.
A lamp, or lamps, may be worn by the operator of a pedalcycle, Segway, or other EPAMD and shall be deemed to comply with the requirements of this section if the lamp(s) can be seen at the distances specified.
b. 
Every pedalcycle shall be equipped with a braking system which will stop the pedalcycle within 15 feet from an initial speed of 15 miles-per-hour on a dry, level and clean pavement.
c. 
Pedalcycle helmets for certain persons. A person under 12 years of age shall not operate a pedalcycle or ride as a passenger on a pedalcycle unless the person is wearing an approved pedalcycle helmet that meets the nationally recognized standard for pedalcycle helmets as stated in the Pennsylvania Vehicle Code. Pedalcycle helmets are required for passengers while in a restraining seat attached to a pedalcycle and in a trailer towed by a pedalcycle.
[Ord. 954, 5/9/1979, Section 11; amended by Ord. 1931, 7/13/2009, Section 2]
Any person 15 years of age or under, who violates any provisions of the ordinance is subject to the following penalties:
a. 
First Offense. Reprimanded, in writing, by the State College Police. The letter to be sent by Certified Mail, addressed to the parents or person in loco parentis of the offender. The letter will state the nature of the violation and a warning that, if repeated or if any other violation is committed, the registration certificate will be suspended for a designated period of time during which the offender cannot ride his pedalcycle on the streets or sidewalks where permitted in the Borough.
b. 
Second Offense. The offender is summoned to appear with his pedalcycle at the State College Police Department. A parent or guardian must accompany him. After a discussion on violation, if, in the discretion of the Chief of Police or his representative it is decided that punishment is in order, the pedalcycle may be impounded for not more than 14 days. Parental approval of this measure is desirable, but the Department's decision prevails as to impounding the pedalcycle. At the end of this period, the pedalcycle will be surrendered to the parents or guardian.
c. 
Persons Over 15 Years of Age. Any person over 15 years of age violating any of the provisions of this ordinance shall, upon conviction thereof, be sentenced to pay a fine not to exceed $25 and costs of prosecution, or by imprisonment for a term not to exceed three days, or both. Any corporation or partnership violating any of the provisions of this ordinance, upon conviction thereof, shall be sentenced to a fine not to exceed $50 and costs of prosecution.
[Ord. 954,{30} 5/9/1979, Section 12.; amended by Ord. 1931, 7/13/2009, Section 2]{40}
Whenever any pedalcycle is impounded for violation of these ordinances or violations under the Pennsylvania Vehicle Code and not reclaimed by the legal owner or custodian, it shall be held by the State College Police for a period not less than 90 days before disposal. Similarly, any pedalcycle found or turned into the State College Police as abandoned property will be held for a period not less than 90 days before disposal. Any pedalcycle held by the State College Police and not reclaimed by the legal owner shall be sold at public auction after 90 days.
Notice regarding the public auction of unclaimed or abandoned pedalcycles shall be published in a newspaper circulating in the Borough of State College and shall appear on the Borough web site at least one week prior to the date of the sale. The proceeds of the sale shall be remitted to the State College Borough Treasurer to be placed in the General Fund.