[HISTORY: Adopted by the City Council of the City of Batavia 1-26-1981 as Ch. 65, Art. VIII and Art. IX, of the 1981 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Every two- or three-wheeled device upon which a person or persons may ride, propelled by human power through a belt, chain or gears with such wheels in a tandem or tricycle, except that it shall not include such a device having solid tires and intended for use only on a sidewalk by preteenage children. (This definition is exactly as found in Vehicle and Traffic Law § 102.)
It is unlawful for any person to operate or use a bicycle propelled wholly or in part by human power upon any of the streets or alleys of the city without a license therefor. The Chief of Police shall issue upon written application therefor, bicycle licenses, which will be a permanent license. Such license, when issued, shall entitle the licensee to operate such bicycle for which the license has been issued upon the streets and alleys, exclusive of sidewalks, in the city.
The Chief of Police shall issue with each license a license plate tag for the bicycle so licensed. The license and license plate tag shall have corresponding numbers thereon in numerical order, beginning with number one. A register shall be kept by the Chief of Police showing the date of the issuance of licenses and license plate tags, to whom issued, the number thereof, and such other information as may be required by the Chief of Police. Such license plate tag shall be suitable for attachment upon bicycles, and it shall be the duty of the licensee to keep such license and license plate tag.
It is unlawful for any person engaged in the business of buying secondhand bicycles to purchase any such secondhand bicycle from a minor under 17 years of age.
It shall be the duty of every person who sells or transfers ownership of any bicycle to report such sale or transfer by returning to the Police Department the license issued to such person as licensee thereof, together with the name and address of the person to whom the bicycle was sold or transferred. Such report shall be made within seven days of the date of said sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of the license thereof within seven days of the sale or transfer.
It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this article. It is unlawful for any person to remove, destroy, mutilate or alter any license plate, license or card during the time in which such license plate or card is operative. The Police Department may stamp numbers on the frames of bicycles on which no serial number can be found, or on which the number is illegible or insufficient for identification purposes.
The license fee for each bicycle shall be as set from time to time by resolution of the City Council and shall be paid to the Chief of Police at the time of the issuance of such license. Such license must be transferred when the ownership of the bicycle is transferred. Upon each transfer, a fee as set from time to time by resolution of the City Council shall be paid to the Chief of Police. All license fees collected shall be turned over the Clerk-Treasurer.
Except as otherwise provided in this chapter, any person violating any provision of this chapter shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or by both such fine and imprisonment.