[Ord. No. 2201, 1/9/2023[1]]
As used in this Part, the following words will be deemed to
have the meaning set forth herein:
See "pedalcycle (includes bicycle)."
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.
Streets specially designated as a safer and more convenient
route for pedalcyclists riders, clearly marked and distinctive to
motorists to drive carefully.
Borough of State College.
The Department of Transportation of the Commonwealth of Pennsylvania.
Includes all territory, highways, and sidewalks contiguous
to and contained within that portion of the Borough bound by College
Avenue, Beaver Avenue, High Street, and Atherton Street, and the 200
blocks of South Pugh Street, Fraser Street, and Allen Street.
The Borough, or any designated establishment, or the Pennsylvania
State University.
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.
A motorcycle, including a motor scooter, with a motor which
produces not to exceed five brake horsepower.
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.
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.
A natural person a foot.
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.
A tag or sticker supplied to a pedalcycle owner after completion
of the required pedalcycle registration.
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.
A self-balancing, two-nontandem-wheeled device designed to
transport only one person with an electric propulsion system.
Any public road, street, alley or trafficway, but not including
grassplots or sidewalks.
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.
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
wheelchair or an electrical mobility device operated and designed
for the exclusive use by a person with a mobility-related disability.
[1]
Editor's Note: This Part superseded former Part A, Pedalcycles,
adopted by Ord. No. 954, 5/9/1979, as amended.
[Ord. No. 2201, 1/9/2023]
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.
[Ord. No. 2201, 1/9/2023]
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 Borough 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. No. 2201, 1/9/2023]
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.[1]
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Ord. No. 2201, 1/9/2023]
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 Part 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 Part, shall be ridden upon a
sidewalk within the downtown district unless permitted by official
traffic control devices. Pedalcycles, Segways® or other EPAMDs 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/Pedalcylce 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 EPAMDs 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
and is under the supervision of the State College Police Department.
(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 and
under the supervision of the State College Police Department.
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 and under
the supervision of the State College Police Department.
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 follows:
(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 comer, 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. No. 2201, 1/9/2023]
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.[1] Pedalcycle helmets are required for passengers while in
a restraining seat attached to a pedalcycle and in a trailer towed
by a pedalcycle.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Ord. No. 2201, 1/9/2023]
Any person 15 years of age or under who violates any provisions
of this Part is subject to the following penalties:
a.
First Offense. A warning, in writing, by the State College Police
Department. The letter shall 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 the 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 Part 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
Part, upon conviction thereof, shall be sentenced to a fine not to
exceed $50 and costs of prosecution.
[Ord. No. 2201, 1/9/2023]
a.
Whenever any pedalcycle is impounded for violation of this Part or
violations under the Pennsylvania Vehicle Code[1] and not reclaimed by the legal owner or custodian, it
shall be held by the Borough for a period not less than 90 days before
disposal. Similarly, any pedalcycle found or turned in to the Borough
as abandoned property will be held for a period not less than 90 days
before disposal. Any pedalcycle held by the Borough and not reclaimed
by the legal owner may be disposed of or be sold at public auction
after 90 days.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
b.
Notice regarding the public auction of unclaimed or abandoned pedalcycles
shall be published in a newspaper circulating in the Borough and shall
appear on the Borough website at least one week prior to the date
of the sale. The proceeds of the sale shall be remitted to the Borough
to be placed in the General Fund.
