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DIVISION 1. Generally
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[Ord. No. 521, § 12-1, 7-27-1976]
(a)
It is a violation of this chapter for any person to do any act forbidden
or fail to perform any act required in this division.
(b)
The parent of any child and the guardian of any ward shall not authorize
or knowingly permit any such child or ward to violate any of the provisions
of this chapter.
(c)
These regulations applicable to bicycles shall apply whenever a bicycle
is operated upon any highway or upon any path set aside for the exclusive
use of bicycles subject to those exceptions stated in this division.
[Ord. No. 521, § 12-2, 7-27-1976]
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 the driver of a vehicle by this chapter, except as to special regulations
in this division and except as to those provisions of this chapter
which by their nature can have no application.
[Ord. No. 521, § 12-11(a), 7-27-1976]
Every person convicted of a violation of any provision of this
division shall be punished by a fine of not more than $20 or by imprisonment
for not more than five days or by impounding of such person's bicycle
for a period not to exceed 10 days or by any combination thereof.
[Ord. No. 521, § 12-11(b), 7-27-1976]
Any violation of the provisions of this division, or any moving violation as defined in § 10-61, or any non-moving violation as defined in § 10-62 when committed on a bicycle as defined in § 10-1 shall not be cause for the licensing authority to assess points against the driving record of the violator pursuant to N.D.C.C. § 39-06.1-10. Any other legally authorized penalty for a criminal traffic offense or noncriminal traffic violation shall be applicable to bicyclists.
[Ord. No. 521, § 12-8, 7-27-1976]
Every bicycle when in use at nighttime shall be equipped with
a lamp on the front which shall emit a white light visible from a
distance of at least 500 feet to the front and with a red reflector
on the rear of a type approved by the motor vehicle department. A
lamp emitting a red light visible from a distance of 500 feet to the
rear may be used in addition to the red reflector.
[Ord. No. 521, § 12-9, 7-27-1976]
[Ord. No. 521, § 12-3, 7-27-1976]
(a)
Any person operating a bicycle shall obey the instructions of official
traffic-control devices applicable to vehicles, unless otherwise directed
by a police officer.
(b)
Whenever authorized signs are erected indicating that no right or
left or U-turn is permitted, no person operating a bicycle shall disobey
the direction of any such sign, except where such person dismounts
from the bicycle to make any such turn, in which event such person
shall then obey the regulations applicable to pedestrians.
[Ord. No. 521, § 12-5, 7-27-1976]
(a)
Every person operating a bicycle upon a roadway shall ride as near
to the right side of the roadway as practicable, exercising due care
when passing a standing vehicle or one proceeding in the same direction.
(b)
Persons riding bicycles upon a roadway shall not ride more than two
abreast except on paths or parts of road-ways set aside for the exclusive
use of bicycles.
(c)
Wherever a usable path for bicycles has been provided adjacent to
a roadway, bicycle riders shall use such path and shall not use the
roadway.
[Ord. No. 521, § 12-7, 7-27-1976]
No person operating a bicycle shall carry any package, bundle
or article which prevents the driver from keeping at least one hand
upon the handlebars.
[Ord. No. 521, § 12-6, 7-27-1976]
No person riding upon any bicycle, coaster, roller skates, sled
or toy vehicle shall attach the same or himself to any vehicle upon
a roadway, except a sled being pulled by a snowmobile.
[Ord. No. 521, § 12-4, 7-27-1976]
(a)
No person shall ride a bicycle upon a sidewalk within a business
district.
(b)
The chief of police or authorized person may erect signs on any sidewalk
or roadway prohibiting the riding of bicycles thereon by any person
and when such signs are in place no person shall disobey the same.
(c)
Whenever any person is riding a bicycle upon a sidewalk, such person
shall yield the right-of-way to any pedestrian and shall give an audible
signal before overtaking and passing such pedestrian.
[Ord. No. 521, § 12-10, 7-27-1976]
No person shall park a bicycle upon a street other than upon
the roadway against the curb or upon the sidewalk in a rack to support
the bicycle or against a building or at the curb, in such manner as
to afford the least obstruction to pedestrian traffic.
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DIVISION 2. Abandonment
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[Ord. No. 535, § 1, 9-13-1977]
This division is enacted pursuant to the provisions of Subsection
20 of Section 40-05-02 of the North Dakota Century Code for the purpose
of safeguarding property, protecting the public peace, safety and
welfare and for disposing by public sale pursuant to public notice
certain items of tangible personal property, namely bicycles, abandoned
or left unclaimed, and subsequently held by the City at unnecessary
burden and expense.
[Ord. No. 535, § 2, 9-13-1977]
Any bicycles abandoned or left unclaimed upon the streets, alleys
or other public ways of the City for a period exceeding 10 days may
be sold after the same has been held in storage by the City for a
period of not less than 60 days.
[Ord. No. 535, § 3, 9-13-1977]
The police department shall remove any bicycles abandoned or
unclaimed for more than 10 days and shall take custody of the same,
placing them in storage.
[Ord. No. 535, § 4, 9-13-1977]
The police department shall give notice to the owners of abandoned
or unclaimed bicycles, if the names and addresses of such owners are
known, said notice containing the location where such bicycles are
stored, the costs incurred for removal and the cost of storage.
[Ord. No. 535, § 5, 9-13-1977]
The police department may dispose of abandoned or unclaimed bicycles by conducting public sales from time to time. Any such property sold must be first duly noticed as provided in § 10-368 of this division.
[Ord. No. 535, § 6, 9-13-1977]
(a)
At least 10 days before the sale of a bicycle under this division,
the chief of police shall give notice of public sale by running the
same in a newspaper of general circulation in the City. The notice
of sale shall state:
(1)
The sale is of abandoned or unclaimed bicycles.
(2)
The bicycle (bicycles) has (have) been held for more than 60
days by the City.
(3)
A description of the bicycle, including serial number, make,
model and license number, if any, and any other information which
will accurately identify the bicycle.
(4)
The terms of sale.
(5)
The date, time and place of sale.
[Ord. No. 535, § 7, 9-13-1977]
The bicycles included under this division shall be sold to the
highest and best bidder. Terms of sale shall be cash. The buyer shall
pay to the City, in addition to the selling price, the necessary expense
of taking, storing and selling the bicycles. At the time of payment
of the purchase price and expenses, the City shall convey to the purchaser
a merchantable title by bill of sale. Should the sale for any reason
be invalid, the City's liability shall be limited to the return of
the purchase price.
[Ord. No. 535, § 9, 9-13-1977]
The chief of police shall make a full report of the results of any sales conducted under this division within 30 days of such sales, shall file such report with the City auditor and shall turn over the net proceeds from such sales to the City treasury, subject to the owner's right to recover proceeds as provided in § 10-371 of this division.
[Ord. No. 535, § 8, 9-13-1977]
The owner of any property covered by this division may reclaim
said property at any time prior to the sale upon payment of the necessary
expense of taking and storage. At any time within six months after
the sale, the owner of the property, upon written application, shall
be entitled to receive the proceeds of the sale from the City, less
the necessary expense of taking, storing and selling the property.
