City of Erie, PA
Erie County
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Table of Contents
Table of Contents
CROSS REFERENCES
Pedalcycle defined — See 75 Pa.C.S.A. § 102.
Pedalcycle operation — See 75 Pa.C.S.A. § 3501 et seq.
Bureau of Regulation, Inspection and Licensing — See ADM. 117.03(c).
Report to police of secondhand articles received — See BUS. REG. 345.01 et seq.
[Ord. 51-1964 § 2, passed 9-30-1964]
BICYCLE
As used in this article, means and includes every device propelled by human power upon which any person may ride, having two tandem wheels either of which is 20 inches or more in diameter.
[Ord. 51-1964 § 3, passed 9-30-1964; Ord. 58-1965 § 1, passed 11-17-1965; Ord. 30-1966 § 1, passed 7-13-1966]
(a) 
Registration, licensing, tagging required; exception. No person who resides in the City shall ride or propel a bicycle on any street, sidewalk, public way or public path set aside for the exclusive use of bicycles within the City, unless such bicycle has been registered, licensed and tagged with one or more license plates as provided in this article.
This provision shall not apply to any bicycles in transit within the City as long as the owner is a resident of another community. However, all such nonresident bicycle owners and operators shall be subject to all other provisions of this article.
(b) 
Application. Every owner of a bicycle, or the parent or guardian of a minor owner thereof, shall, on or before July 31 in each and every year, make application to the Bureau of Regulation, Licensing and Inspection for a bicycle license upon application forms provided by the Bureau of Regulation, Inspection and Licensing. Such application must be filled out in duplicate and shall contain the name and address of the owner of the bicycle, the make, color, serial number, if any, and/or other identifying features of the bicycle, as well as any other pertinent information as may be required by the Bureau of Regulation, Inspection and Licensing.
(c) 
Bicycle inspection. Repealed by Ordinance 75-1974, passed August 28, 1974.
(d) 
Examination of owner. Upon making application for the initial registration card and license plate, the owner of any bicycle shall be required to be examined by the Chief of Police or his designate. The Chief of Police may further designate the manner and type of examination. Upon completion of such examination, a license may be refused the owner if the examination discloses to the Chief of Police that the owner does not have a reasonable knowledge of the provisions of this article, or that the owner is unable to exercise reasonable control in operating his bicycle.
(e) 
Plate and card issuance. Upon approval of the application and satisfactorily complying with other provisions of this article, the Bureau of Regulation, Inspection and Licensing shall issue a bicycle license plate and corresponding registration card which shall be effective for the year or portion thereof in which it was issued. Such license plate shall bear the license number assigned to the bicycle, the name of the City and the expiration date thereof.
(f) 
Attachment of plate to bicycle. The Bureau of Regulation, Inspection and Licensing shall cause such license plate to be firmly attached to the frame of the bicycle for which issued, in such a position as to be plainly visible from the rear.
(g) 
Loss or destruction of plate; new plate fee. Upon loss or destruction of a license plate, the owner shall report such loss or destruction to the Bureau of Regulation, Inspection and Licensing within 10 days. Upon receipt of such report, the Bureau shall cancel such license and issue a new license plate to the owner, upon the payment of $0.25.
(h) 
Loss of registration card. In the event of loss of a registration card, the owner shall immediately make application for a duplicate card, which shall be issued.
(i) 
License renewal. Prior to the expiration of any bicycle license, the same shall be renewed upon application of the owner during the period from September 15 to November 15 of the year for which such license is issued, provided that the bicycle continues to comply with the provisions pertaining to mechanical condition and equipment of this article.
(j) 
Annual license fee. An annual license fee of $0.50 shall be paid to the City Treasurer before such license or renewal thereof shall be granted.
[Ord. 51-1964 § 4, passed 9-30-1964]
Every person desiring a bicycle license must demonstrate to the Chief of Police that the bicycle for which such applicant desires to secure a license meets the following minimum requirements as to safe mechanical condition:
(a) 
Brakes. Every bicycle shall be equipped with a brake adequate to skid the front or rear tire of the bicycle upon application of the brake.
(b) 
Warning devices. Every bicycle shall be equipped with a horn or bell in good working order capable of giving a signal audible for a distance of at least 100 feet, under normal conditions, except that no bicycle shall be equipped with, nor shall any person use upon a bicycle, any siren or whistle.
(c) 
Handlebar grips. Every bicycle that is equipped with handlebar grips must have such grips securely glued or cemented to the handlebars.
(d) 
Carriers. Every bicycle equipped with a carrier must have such carrier securely attached to such bicycle, and the carrier must be of a type approved by the Chief of Police.
(e) 
Stand. Every bicycle purchased after the effective date of this article (Ordinance 51-1964, passed September 30, 1964), if equipped with a stand, must have such stand of a type approved by the Chief of Police.
(f) 
Lamps on bicycles. If the bicycle to be licensed will be operated during the period from 1/2 hour after sunset to 1/2 hour before sunrise, then the bicycle shall be equipped with a lighted lamp on the front thereof, visible under normal atmospheric conditions from a distance of at least 500 feet in front of such bicycle, and shall also be equipped with a red reflector or lamp on the rear, exhibiting or reflecting a red light visible, under like conditions, from a distance of at least 500 feet to the rear of such bicycle, and such red reflector or lamp on the rear shall be of a diameter of at least 1 1/2 inches.
(g) 
Seat and handlebars. Every bicycle shall be equipped with a seat and handlebar. At no time shall a bicycle be operated with the handlebar more than 15 inches above the upper portion of the seat.
[Ord. 51-1964 § 5, passed 9-30-1964]
Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to a driver of a vehicle by the laws of this Commonwealth or by the Traffic Code of the City applicable to the driver of a vehicle, except as to those provisions of law or ordinance which by their nature can have no application.
[Ord. 51-1964 § 6, passed 9-30-1964]
(a) 
Any person operating a bicycle shall obey the instructions of official traffic control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer.
(b) 
No person shall ride or operate a bicycle in the City on any sidewalk, except as herein specifically permitted.
(c) 
Persons under the age of 16 years may ride and operate their bicycles on the sidewalks, except such sidewalks as are adjacent to school buildings or located within a business district.
(d) 
Whenever a person is riding a bicycle upon a sidewalk or street, such person shall yield the right of way to any pedestrian, and shall give an audible signal before attempting to overtake and pass a pedestrian or another bicycle. This audible signal must be given only by a bell or other warning device capable of giving an audible signal and shall be given at such a distance and in such a manner as not to startle the person being overtaken and passed.
(e) 
Persons riding or operating bicycles on a highway or street shall keep such bicycles as close to the right-hand curb as possible, except when preparing to make a left-hand turn.
(f) 
Persons riding or operating bicycles in the City shall always ride single file, whether on a street, roadway or sidewalk.
(g) 
No person riding on or operating a bicycle shall cling or attach himself or his bicycle to any other moving vehicle or person in another vehicle.
(h) 
A person riding or operating a bicycle shall not ride other than astride a permanent and regular seat attached thereto, nor carry any other person upon such bicycle other than upon an individual seat or carrier separate from that intended to be used by the operator, nor shall any person ride upon a bicycle unless he is seated upon an individual seat or carrier separate from that intended to be used by the operator.
(i) 
No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
(j) 
No person riding or operating a bicycle shall tow any other vehicle or person, except that bicycle trailers used for the delivery of newspapers, magazines or merchandise may be towed while being used for such delivery service.
(k) 
No person riding or operating a bicycle shall carry any package, bundle or article in such a manner as to take either hand from the handlebars.
(l) 
No person riding or operating a bicycle upon the highways, streets or sidewalks of the City shall participate in any race, speed or endurance contest unless such race or contest has the written permission of the Chief of Police.
(m) 
No person riding or operating a bicycle shall perform any acrobatic, fancy or stunt riding upon any highway, street or sidewalk or operate a bicycle without both hands upon the handlebars, except when necessary to give the appropriate hand signals required herein.
(n) 
No person shall park any bicycle against windows or parking meters or on the main traveled portion of the sidewalk, or in such manner as to constitute a hazard to pedestrians, traffic or property. If there are no bicycle racks or other facilities intended to be used for parking of bicycles in the vicinity, bicycles may be parked on the sidewalk in an upright position parallel to and within 24 inches of the curb.
(o) 
No person shall operate a bicycle at a speed greater than is reasonable and proper under the conditions then existing.
(p) 
The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across an alley or driveway, yield the right of way to all pedestrians approaching on such sidewalk area, and upon entering the street shall yield the right of way to all vehicles approaching on such street.
(q) 
No person shall ride or operate a bicycle upon any playground or school ground, where children are playing, without permission of the person having supervision thereof.
(r) 
No person shall operate a bicycle upon any street, roadway or sidewalk in such a manner as to interfere with any pedestrian who is exercising due care thereon.
(s) 
Every person riding or operating a bicycle upon the streets and highways of the City shall turn only at intersections, except as otherwise provided herein.
(t) 
Every person riding or operating a bicycle intending to turn to the right at an intersection, or into an alley or driveway, shall approach the turning point in the line of traffic nearest the right-hand curb of the street.
(u) 
Every person riding or operating a bicycle intending to turn left at an intersection, or to enter an alley or driveway, shall approach the point of turning in the line of traffic nearest to the center of the roadway. The operator of a bicycle, in turning left at an intersection, shall pass to the right of the center of the intersection before turning, unless otherwise directed by markers, buttons or signs.
(v) 
No bicycle shall be turned in any business district so as to proceed in the opposite direction except at intersections. No bicycle operated in a residence district shall be turned so as to proceed in the opposite direction when any other vehicle is approaching from either direction within 200 feet, except at an intersection.
(w) 
The operator of a bicycle, on leaving an alley or driveway, when his view of either the sidewalk or the street area is obstructed, shall stop such bicycle immediately prior to riding upon such sidewalk or street area.
(x) 
Every person operating a bicycle shall pass to the left when passing vehicles going in the same direction and shall pass to the right when meeting vehicles going in the opposite direction.
(y) 
No person shall turn a bicycle or stop a bicycle when he is riding or operating such bicycle unless such movement can be made with safety, and then only after giving an appropriate signal within the last 50 feet traveled by the bicycle before turning or stopping.
(z) 
Left turn. Every person signaling a left turn shall do so by extending his left hand and arm horizontally beyond the side of the bicycle.
Right turn. Every person signaling a right turn shall do so by extending his left hand and arm upward beyond the side of the bicycle.
Stop. Every person signaling a stop shall do so by extending his left arm and hand downward beyond the side of the bicycle.
(aa) 
The operator of any bicycle involved in an accident shall take reasonable steps to ascertain whether or not anyone was injured, and shall give his name, address and the license number of his bicycle to the person with whom he collided, and shall obtain the same information from the other person. It shall be the duty of the bicycle operator to make a written report of any accident resulting in death or injury to the Bureau of Police within 24 hours of such accident.
[Ord. 51-1964 § 7, passed 9-30-1964]
BICYCLE ESTABLISHMENT
A business operated by any person, partnership, association or corporation wherein new or used bicycles or bicycle parts are purchased, sold, exchanged, bartered, repaired, remodeled, dismantled or junked.
(a) 
Permit required. No person in the City shall establish, carry on or operate a bicycle establishment except as authorized by this article and without first obtaining a permit from the Bureau of Regulation, Inspection and Licensing.
(b) 
Permit application. The application for such permit shall set forth the following information: name, age and residence address of the applicant if a natural person; if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all of its officers with their respective residence addresses, or if a partnership, association or unincorporated company, the names of the partners or persons comprising the partnership, association or company with their respective residence addresses. The application shall be made in duplicate to the Bureau of Regulation, Inspection and Licensing which shall be responsible for investigating the applicant's character.
(c) 
Permit nontransferable. No person having a bicycle establishment permit under the provisions of this article shall transfer, sell, assign, loan or permit any other person to have or use his permit.
(d) 
Weekly reports on purchases. All persons operating a bicycle establishment are hereby required to make a weekly report to the Bureau of Regulation, Inspection and Licensing upon forms provided for that purpose by such Bureau, giving the true name and address of the person from whom each bicycle or bicycle part is purchased, a description of each bicycle, its frame number and the number of the metallic license plate found thereon, if any. If the buyer does not have a license plate, the buyer shall require the seller to obtain the approval of the Bureau to complete such sale or exchange. This report shall be known as the "Secondhand Buy Report," and shall be made in triplicate. The original shall be mailed or delivered to the Bureau weekly with the metallic license plate, the duplicate shall be given to the seller and the triplicate shall remain with the dealer. It shall be the duty of the dealer to mail or deliver to the Bureau all reports and license plates weekly. This subsection shall not apply to new bicycles or bicycle parts purchased at wholesale.
(e) 
Weekly reports on sales. All persons operating a bicycle establishment shall make weekly to the Bureau of Regulation, Inspection and Licensing, upon forms provided for that purpose, a report on all sales made, including the name and address of each person to whom a bicycle is sold, together with the make, frame number and license number attached thereto. These reports shall be known as the "Sales Report" and shall be made in triplicate, the original forwarded weekly to the Bureau, the duplicate given to the purchaser and the triplicate retained by the dealer.
(f) 
Bureau check of reports. Upon receipt of the reports set forth in Subsections (d) and (e) hereof, the Bureau of Regulation, Inspection and Licensing shall check them to determine if the purchase or sale is recorded in the Bureau's files and make proper record of such transfer of ownership. Should the new owner fail to comply or apply for registration or license, the Bureau shall notify the new owner to do so.
(g) 
Surrender of plate and card before purchase. No person operating a bicycle establishment shall purchase a bicycle from any person unless at the time of the purchase such person surrenders to the bicycle establishment operator his license plate and registration card for the year in which he is offering such bicycle for sale. If such bicycle does not have a license, the approval of the Bureau of Regulation, Inspection and Licensing must be obtained before such purchase can be made.
(h) 
Prohibited exchanges. No person operating a bicycle establishment shall take in exchange any bicycle part or bicycle from any person under the age of 18 years, unless accompanied by such person's parent or legal guardian, or from any person under the influence of intoxicating liquor.
(i) 
Waiting period before alteration or disposal of bicycle. No person operating a bicycle establishment shall alter, repair or dispose of any bicycle or bicycle part purchased or taken in exchange, as a secondhand bicycle or bicycle part thereof, until after the expiration of seven days from the date of purchase or exchange. During those seven days the bicycle or bicycle part so obtained shall remain without alteration on the premises of such bicycle establishment, and be kept separate from bicycles or bicycle parts previously purchased, and shall be subject to inspection at any time during business hours by the Chief of Police or any police officer, or other person designated by the Chief of Police or by the Bureau of Regulation, Inspection and Licensing.
(j) 
Bicycle register; entries.
(1) 
The Bureau of Regulation, Inspection and Licensing shall furnish free of charge to every person operating a bicycle establishment a book known as the Bicycle Register, in which shall be entered in plain and legible handwriting a record of all bicycles or bicycle parts purchased or taken in exchange. The entry must be made at the time of purchase or immediately thereafter and shall include, in addition to the date and hour of purchase, a full description of the bicycle or bicycle part, the price paid therefor and the name, address, age, height, weight and complexion of the seller. In entering the description of the bicycle, the name of the manufacturer and the factory serial number thereof shall, in every case, be recorded, if known, or if it can be ascertained. This subsection shall not apply to new bicycles or bicycle parts purchased at wholesale.
(2) 
The operator of a bicycle establishment shall also enter in the Bicycle Register a record showing the disposition of each bicycle purchased indicating whether such bicycle was resold or dismantled.
(3) 
The operator of a bicycle establishment shall keep the Bicycle Register in a safe place and prevent mutilation or destruction. The Bicycle Register shall remain the property of the City and shall at all times be open to inspection by the Bureau of Registration, Inspection and Licensing, the Chief of Police or any police officer, and it may be taken by such officials from the possession of the operator of a bicycle establishment, if deemed necessary.
(k) 
Permit revocation, hearing; appeal. Bicycle establishment permits issued pursuant to this article may be revoked by the Bureau of Registration, Inspection and Licensing after notice and hearing for any of the following reasons:
(1) 
Fraud, misrepresentation or any false statement contained in the application for a permit.
(2) 
Any violation of any provision of this article, or any provisions of any ordinance or law relating to and regulating the bicycle establishment.
(3) 
Conviction of the permit holder of any felony or crime involving moral turpitude.
(4) 
Conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace, or to be a menace to the health, safety or general welfare of the people of the City.
Notice of the hearing for revocation of a permit shall be given in writing, stating the ground of the complaint and time and place of hearing. Such notice shall be mailed postage prepaid to the permit holder at the address given on the application for the permit at least five days prior to the date set for the hearing. Any person aggrieved by the decision of the Bureau of Regulation, Inspection and Licensing shall have the right to appeal to Council. Such appeal shall be taken by filing with the City Clerk a written statement of the grounds for the appeal within 10 days after receiving notice of the decision of the Bureau. Council shall set the time and place for hearing such appeal, and notice of such time and place shall be given by the City Clerk in the manner hereinabove provided for notice of hearing for revocation by the Bureau.
(l) 
Conditions for re-issuing revoked permit. No permit to operate a bicycle establishment shall be issued to any person who has had such a permit revoked pursuant to this article, except upon the applicant's appeal to and authorization by Council.
[Ord. 51-1964 § 8, passed 9-30-1964]
All persons engaged in operating a bicycle rental agency for the purpose of renting or lending bicycles to patrons shall first obtain a license plate and registration card for each bicycle so used. License plates thus obtained by bicycle rental agencies shall not be transferred from one bicycle to another.
[Ord. 51-1964 § 9, passed 9-30-1964]
(a) 
Every person, other than the operator of a bicycle establishment as herein defined, who sells or transfers ownership of any bicycle shall report such sale or transfer of ownership to the Bureau of Regulation, Inspection and Licensing and shall return the registration card issued to such person to such Bureau, together with the name and address of the person to whom such bicycle was sold or transferred, within 10 days from the date of sale or transfer. However, if the sale or transfer is made to the operator of a bicycle establishment, then such registration card shall be given to the owner of such bicycle establishment who shall forward it to the Bureau.
(b) 
License plates shall not be transferable from one bicycle to another or from one owner to another. A license plate shall be deemed to be canceled when the bicycle is sold, exchanged, junked or is disposed of in any manner by the person to whom the license is or was originally issued. It shall be the duty of the purchaser or transferee of such bicycle to deliver such license plate to the Bureau of Regulation, Inspection and Licensing and make application for a new license plate and registration card within 10 days of such purchase or transfer.
(c) 
Upon dismantling and disposing of bicycles, as junk, the licensee shall return his registration card and license plate to the Bureau of Regulation, Inspection and Licensing.
(d) 
No person shall willfully or maliciously remove, destroy, mutilate or alter the manufacturer's serial number or the Bureau of Police number, if any, on any bicycle frame, nor shall any person remove, destroy, mutilate or alter any license plate or registration card during the period in which such license plate or registration card is operative.
(e) 
No person shall buy, sell, receive, dispose of or conceal any bicycle or bicycle equipment from which the manufacturer's name plate, serial number or any other distinguishing mark has been removed, defaced, covered, altered or destroyed.
(f) 
If the serial number of any bicycle is obliterated or defaced and the possessor has satisfactory proof of ownership, the Chief of Police is hereby authorized to place a Bureau of Police serial number thereon.
(g) 
All abandoned bicycles and unidentified bicycles being in the possession of the Chief of Police for one year shall be sold at public auction.
(h) 
Any member of the Bureau of Police is authorized to inspect any bicycle, at any reasonable time, for the purpose of checking the registration, license plate and license number and for the purpose of determining the mechanical condition of the bicycle.
(i) 
No person shall steal any bicycle or purposely take, ride or operate any bicycle without the consent of the owner thereof or buy or conceal any bicycle that has been sold, knowing it to have been stolen.
[Ord. 51-1964 § 10, passed 9-30-1964]
Any person violating any provision of this article may have his bicycle license suspended for a period of up to and not exceeding 30 days and, in addition thereto, for repeated violations, for a period not exceeding six months.
Whoever violates any provision of this Traffic Code, for which no penalty is otherwise provided, is guilty of a summary offense and shall be fined not more than $25.