[Ord. of 7-5-2011]
The following terms, as used in this chapter, shall have the
meanings as herein described below:
A self-balancing two-non-tandem wheeled device that is designed
to transport only one person and powered by an electric propulsion
system that limits the device's maximum speed to 15 miles per hour
or less. For purposes of this article, an electric power assistive
mobility device shall be a vehicle when operated on a street.
A vehicle that travels on not more than three wheels in contact
with the ground and is equipped with (i) pedals that allow propulsion
by human power and (ii) an electric motor with an input of no more
than 1,000 watts that reduces the pedal effort required of the ride.
For purposes of this article, an electric power-assisted bicycle shall
be a vehicle when operated on a street.
Every vehicle that travels on not more than three wheels
in contact with the ground that has (i) a seat that is no less than
24 inches in height, measured from the middle of the seat perpendicular
to the ground; and (ii) a gasoline, electric, or hybrid motor that
displaces less than 50 cubic centimeters. For purposes of this article,
a moped shall be a vehicle when operated on a street. No person under
the age of 16 years shall operate a moped on any street in the Town.
Further, pursuant to this article, the operator of a moped shall be
required to carry with himself/herself a current identification that
includes name, address and date of birth.
[Ord. of 7-5-2011]
Any person who shall remove, change, alter or mutilate any electric power-assisted bicycle or moped frame number in violation of Section 70-223 of this article shall be deemed guilty of a Class 3 misdemeanor; and except as otherwise provided herein, any person who shall violate any other provision of this article shall be deemed guilty of a traffic infraction which shall be punishable by a fine of not more than $200.
[Ord. of 7-5-2011]
Whenever any police or other officer charged with the duty of
enforcing this article shall discover any person violating any of
the provisions of this article, such officer shall take the name and
address of such person and issue a summons to or otherwise notify
such person in writing, if such person be under 18 years of age, to
appear before the Judge of the Washington County Juvenile and Domestic
Relations Court and if such person be 18 years of age or over, to
appear before the Washington County General District Court, at a time
to be specified in such summons or notice, to be there dealt with
according to the provisions of this article and the laws of the Commonwealth
of Virginia.
[Ord. of 7-5-2011]
Every person operating a moped, as defined above, on a public
street, road, alley or highway within the Town, shall wear a face
shield, safety glasses, or goggles of a type approved by the Superintendent
of Virginia State Police or have his/her moped equipped with safety
glass or a windshield at all times while operating such vehicle. Further,
operators and passengers thereon, if any, shall at all time wear protective
helmets of a type also approved by the Superintendent of Virginia
State Police.
Any person who knowingly violates this article shall be guilty
of a traffic infraction and subject to a fine of not more than $50.
[Ord. of 7-5-2011]
Every person riding a bicycle, electric power-assisted bicycle
or moped over any public street shall comply with all traffic signs,
signals and lights and with all directions by voice, hand or otherwise,
given by any officer of the police department and shall have all of
the rights and duties applicable to the driver of a motor vehicle,
unless the context of the Town Code clearly indicates otherwise.
[Ord. of 7-5-2011]
No person shall ride a bicycle, electric power-assisted bicycle
or moped on any street without having at least one of his or her hands
upon the handlebars and no person operating a bicycle or moped on
a street shall carry any package, bundle, or article which prevents
the driver from keeping at least one hand on the handlebars.
[Ord. of 7-5-2011]
No person shall ride a bicycle, electric power-assisted bicycle
or moped upon any sidewalk or cross a roadway on a crosswalk, whether
paved or unpaved, in the Town.
[Ord. of 7-5-2011]
No person shall ride a bicycle, electric power-assisted bicycle
or moped recklessly or at a speed or in a manner so as to endanger
the life, limb or property of the rider or of any other person.
[Ord. of 7-5-2011]
No person riding a one-seated bicycle or electric power-assisted
bicycle shall carry any additional person on the same.
[Ord. of 7-5-2011]
No person riding a bicycle, electric power-assisted bicycle
or moped shall take or catch hold of or attach the same or himself
to any moving automobile, bus or other vehicle of any kind upon any
street, for the purpose of being drawn or propelled by the same.
[Ord. of 7-5-2011]
Operators of mopeds shall use the electronic signaling devices
that the moped is equipped with before turning or altering course
of operation. If operating a moped with malfunctioning signal devices,
or no signaling devices, the operator shall use hand signals.
Before turning or altering the course of operation of any bicycle
or electric power-assisted bicycle, the operator thereof shall give
signals by extension of the hand to indicate the direction in which
it is intended to proceed.
[Ord. of 7-5-2011]
(a)
Any person operating a bicycle, electric personal assistive mobility
device, electric power- assisted bicycle, or moped on a street at
less than the normal speed of traffic at the time and place under
conditions then existing shall ride as close as safely practicable
to the right curb or edge of the street except under any of the following
circumstances:
(1)
When overtaking and passing another vehicle proceeding in the
same direction;
(2)
When preparing for a left turn at an intersection or into a
private road or driveway;
(3)
When reasonably necessary to avoid conditions including, but
not limited to, fixed or moving objects, parked or moving vehicles,
pedestrians, animals, surface hazards, or substandard width lanes
that make it unsafe to continue along the right curb or edge;
(4)
When avoiding riding in a lane that must turn or diverge to
the right; and
(5)
When riding upon a one-way street, a person may also ride as
near to the left-hand curb or edge of such street as safely practicable.
(b)
For purposes of this section, a "substandard width lane" is a lane
too narrow for bicycle, electric personal assistive mobility device,
electric power-assisted bicycle, motorized skateboard or scooter,
or moped and another vehicle to pass safely side by side within the
lane.
(c)
Persons riding bicycles, electric personal assistive mobility devices,
or electric power-assisted bicycles on a street shall not ride more
than two abreast. Persons riding two abreast shall not impede the
normal and reasonable movement of traffic, shall move into a single
file formation as quickly as is practicable when being overtaken from
the rear by a faster moving vehicle, and, on a laned roadway, shall
ride in a single lane.
[Ord. of 7-5-2011]
Every motor vehicle when driven on a highway shall be equipped
with brakes adequate to control the movements of and to stop and hold
such vehicle. The brakes shall be maintained in good working order
and shall conform to the provisions of this article.
Every bicycle, electric power-assisted bicycle, and moped, when
operated on a highway, shall be equipped with a brake that will enable
the operator to make the braked wheels skid on dry, level, clean pavement.
Every electric personal assistive mobility device, when operated on
a highway, shall be equipped with a system that, when activated or
engaged, will enable the operator to bring the device to a controlled
stop.
[Ord. of 7-5-2011]
(a)
Every bicycle, electric personal assistive mobility device, electric
power-assisted bicycle, and moped when in use between sunset and sunrise
shall be equipped with a headlight on the front emitting a white light
visible in clear weather from a distance of at least 500 feet to the
front and a red reflector visible from a distance of at least 600
feet to the rear when directly in front of lawful lower beams of headlights
on a motor vehicle. Such lights and reflector shall be of types approved
by the superintendent.
In addition to the foregoing provisions of this section, a bicycle
or its rider may be equipped with lights or reflectors. These lights
may be steady burning or blinking.
(b)
Every bicycle, or its rider, shall be equipped with a taillight on
the rear emitting a red light plainly visible in clear weather from
a distance of at least 500 feet to the rear when in use between sunset
and sunrise and operating on any highway with a speed limit of 35
mph or greater. Any such taillight shall be of a type approved by
the superintendent.
[Ord. of 7-5-2011]
Every person riding a bicycle, electric power-assisted bicycle
or moped out of a lane, alley or private driveway across a sidewalk
or sidewalk area shall first bring such bicycle, electric power- assisted
bicycle or moped to a complete stop before crossing such sidewalk
or sidewalk area.
[Ord. of 7-5-2011]
(a)
Any law enforcement officer of the Town, operating a bicycle, electric
power-assisted bicycle or moped during the course of his or her duties,
shall be exempt from the provisions of this division.
(b)
Any bicycle, electric power-assisted bicycle or moped being operated
by a law enforcement officer of the Town, during the course of his
or her duties, shall be deemed to be a law- enforcement vehicle and
shall have the same rights and privileges as any other law-enforcement
vehicle when the bicycle or moped is being operated in response to
an emergency call, while engaged in rescue operations or in the immediate
pursuit of an actual or suspected violator of the law.
[Ord. of 7-5-2011]
(a)
Any person who operates a moped on a public street shall wear a face
shield, safety glasses, or goggles of a type approved by the superintendent
of the Virginia State Police, or have the moped equipped with safety
glass or a windshield at all times while operating such moped, and
operators and passengers thereon, if any, shall wear a protective
helmet of a type approved by the Superintendent of the Virginia State
Police.
(b)
Any person who knowingly violates this section shall be guilty of
a traffic infraction and be subject to a fine of not more than $50.
(c)
A violation of this section shall not constitute negligence, be considered
in mitigation of damages of whatever nature, be admissible in evidence
or be the subject of comment by counsel in any action for the recovery
of damages arising out of the operation, ownership, or maintenance
of a moped, nor shall anything in this section change any existing
law, rule, or procedure pertaining to any civil action.
[Ord. of 7-5-2011]
No person other than the operator thereof shall ride upon a
moped unless such moped is designed to carry more than one person,
in which event a passenger may ride upon a separate and permanent
seat attached thereto; provided, however, that such moped is also
equipped with a footrest for such passenger. A violation of this section
shall constitute a traffic infraction punishable by a fine of not
more than $200.
[Ord. of 7-5-2011]
Unless the enumerated foregoing provisions herein specify otherwise,
any person who shall violate any section thereof shall be deemed guilty
of a traffic infraction which shall be punishable by a fine of not
more than $200.
