[HISTORY:[1] Adopted by the City Council of the City of Fairfax 6-1-2004 by Ord. No.
216. Amendments noted where applicable.]
[1]
Editor's Note: Ordinance No. 440, adopted 10-10-2023, changed
to title of this chapter from "Bicycles and Skateboards" to "Bicycles,
Skateboards and Recreational Vehicles."
As used in this chapter, the following terms
shall have the meanings indicated:
Every device propelled solely by human power upon which any
person may ride, having two tandem wheels except scooters and similar
devices and including any device generally recognized as a bicycle
though equipped with two front or rear wheels.
A portion of a roadway or shoulder designed for exclusive
or preferential use by persons using bicycles. Bicycle lanes are to
be distinguished from the portion of the roadway or shoulder used
for motor vehicle traffic by physical barrier, striping, or marking,
or other similar device.
A bicycle route or bicycle path developed by the commissioner
of natural resources under Minn. Stat. § 85.016.
A bicycle lane, bicycle path, or bicycle route, regardless
of whether it is designed for the exclusive use of bicycles or is
to be shared with other transportation modes.
Area bound by T.H. 19 and 2nd Ave. SE., including Park Street,
1st Ave. SE, 1st St. SE, 2nd Ave. SE.
A motor vehicle with two or three wheels that:
Has a saddle and fully operable pedals for human
propulsion;
Meets the requirements of federal motor vehicle
safety standards in Code of Federal Regulations, Title 49, Sections
571.01 et seq.; and
Has an electric motor that:
Has a power output of not more than 1,000 watts;
Is incapable of propelling the vehicle at a
speed of more than 20 miles per hour;
Is incapable of further increasing the speed
of the device when human power alone is used to propel the vehicle
at a speed of more than 20 miles per hour; and
Disengages or ceases to function when the vehicle's
brakes are applied.
A self-balancing device with two nontandem wheels, designed
to transport not more than one person, and operated by an electric
propulsion system that limits the maximum speed of the device to 15
miles per hour.
[Added 10-10-2023 by Ord. No.
440]
A motorized vehicle with:
A bicycle that is propelled by a motor of a piston displacement
capacity of 50 cubic centimeters or less, and a maximum of two brake
horsepower, which is capable of a maximum speed of not more than 30
miles per hour on a flat surface with not more than one-percent grade
in any direction when the motor is engaged. "Motorized bicycle" includes
an electric-assisted bicycle as defined.
Every person riding a bicycle upon a highway
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 traffic code,
except as to special regulations in this traffic code, and except
as to those provisions of this traffic code which by their nature
can have no application.
A.
A person propelling a bicycle shall not ride other
than upon or astride a permanent and regular seat attached thereto.
B.
No bicycle shall be used to carry more persons at
one time than the number for which it is designed and equipped, except
that an adult rider may carry a child securely attached to his person
in a back pack or sling.
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.
A.
Any person operating a bicycle or motorized pedalcycle
upon a roadway at less than the normal speed of traffic at the time
and place and under the conditions then existing shall ride as close
as practicable to the right-hand curb or edge of the roadway except
under the following situations:
(1)
When overtaking and passing another bicycle, motorized
pedalcycle, or vehicle proceeding in the same direction; or
(2)
When preparing for a left turn at an intersection
or into a private road or driveway; or
(3)
When reasonably necessary to avoid conditions, including,
but not limited to, fixed or moving objects, parked or moving vehicles,
bicycles, motorized pedalcycles, pedestrians, animals, surface hazards,
or substandard width lanes that make it unsafe to continue along the
right-hand curb or edge. For purposes of this subsection, a "substandard
width lane" means a lane that is too narrow for a bicycle or motorized
pedalcycle and a vehicle to travel safely side by side within the
lane.
B.
Any person operating a bicycle or motorized pedalcycle
upon a one-way highway with two or more marked traffic lanes may ride
as near the left-hand curb or edge of the roadway as practicable.
C.
Persons riding bicycles or motorized pedalcycles upon a roadway shall not ride more than two abreast, except on paths or parts of roadways set aside for their exclusive use. Persons riding two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane subject to the provisions of Subsections A and B above.
D.
Riding bicycles abreast. Persons riding bicycles upon
a roadway shall ride not more than two abreast in a single lane, except
on paths or parts of roadways set aside for the exclusive use of bicycles
or motorcycles.
E.
Riding on sidewalk.
(1)
Except as provided in § 85-10C, and Subsection E(2) below, it shall be legal to operate a bicycle upon a sidewalk when sidewalks are available and not congested with pedestrian traffic. If the sidewalk is congested with pedestrian traffic, any bicycle operator using the sidewalk shall walk the bicycle.
(2)
No person shall ride a bicycle upon a sidewalk, upon
or along which signs have been erected by authority of the City Council
prohibiting such bicycle riding.
(3)
A person propelling a bicycle upon and along a sidewalk,
or across a roadway upon and along a crosswalk, shall yield the right-of-way
to any pedestrian and shall give audible signal before overtaking
and passing such pedestrian. This audible signal may be given by the
voice or 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 person or persons being overtaken and passed.
(4)
A person operating a bicycle upon a sidewalk, before
overtaking and passing a blind person carrying a white cane or guided
by a dog, shall dismount and overtake or pass on foot, if necessary
for safety.
(5)
A person shall not operate a bicycle from a sidewalk
so as to suddenly leave a curb or other place of safety and move into
the path of a vehicle that is so close as to constitute an immediate
hazard.
(6)
No person shall operate a bicycle on a sidewalk at
a speed greater than an ordinary walk when approaching or entering
a crosswalk or approaching or crossing a driveway if a vehicle is
approaching the crosswalk or driveway. This subsection does not require
reduced speeds for bicycles when other vehicles are not present.
F.
Riding on bike trail. Bicycles, electric personal
assistive mobility devices that are designed for the operator to be
seated, roller blades and skateboards shall be permitted on the bike
trail. All other motorized devices/vehicles are prohibited.
No person operating a bicycle shall carry any
package, bundle, or article which prevents the use of both hands in
the control and operation of the bicycle. A person operating a bicycle
shall keep at least one hand on the handlebars at all times.
A.
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 State Department of Transportation
which shall be visible from all distances from 100 feet to 600 feet
to the rear when directly in front of lawful lower beams of headlamps
on a motor vehicle. 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.
B.
A bicycle shall not be equipped with, nor shall any
person use upon a bicycle, any siren.
C.
Every bicycle shall be equipped with a brake which
will adequately control movement of and stop and hold the bicycle.
D.
No person shall sell a new bicycle or pedal for use
on a bicycle that is not equipped with a reflex reflector conforming
to specifications prescribed by the State Department of Transportation,
on each pedal, visible from the front and rear of the bicycle during
darkness from a distance of 200 feet.
E.
No person shall sell or offer for sale a new bicycle
that is not equipped with side reflectors. The reflectors shall be
visible from each side of the bicycle from a distance of 500 feet,
and shall be essentially colorless or red to the rear of the center
of the bicycle and essentially colorless or amber to the front of
the center of the bicycle. The requirements of this division may be
met by reflective materials which shall be at least 3/16 inch wide
on each side of each tire or rim to indicate as clearly as possible
the continuous circular shape and size of the tires or rims of the
bicycle, and which reflective materials may be of the same color on
both the front and rear tire or rim. The reflectors shall conform
to specifications prescribed by the State Department of Transportation.
Every motorized pedalcycle, 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 State Department
of Transportation which shall be visible from all distances from 100
feet to 600 feet to the rear when in front of lawful, low-powered
beams of headlamps on a motor vehicle. 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.
A.
The operator of a motorized pedalcycle shall ride
only astride the permanent and regular seat attached thereto, and
shall not permit two persons to ride thereon at the same time, unless
the motorized pedalcycle is designed to carry two persons. Any motorized
pedalcycle designed for two persons must be equipped with a passenger
seat and footrests for use of a passenger.
B.
Neither the operator nor any passenger on a motorized
pedalcycle shall be required to wear any special goggles, shield,
helmet, or glasses, unless under the age of 18 then a helmet is required.
D.
Persons operating a motorized pedalcycles are required
to have a valid drivers license.
A.
General prohibitions. No person shall bicycle anywhere
in the City without complying with the terms of this section.
B.
Due care for safety. No person shall ride a bicycle
in a reckless manner within the City. No person shall ride a bicycle
or bicycle ride without exercising due care for the safety of other
persons and property.
C.
Sidewalks. It shall be unlawful to ride any bicycle
upon any sidewalk within the Business District as defined herein.
D.
Traffic rules.
(1)
All on-street operation of bicycles shall be conducted
as far to the right of the traffic lane as possible, in a single file
and flowing with traffic.
(2)
All operations of bicycles shall be during daylight
hours unless the operator has some type of reflective clothing or
reflective strips on his or her clothing which can be seen from a
distance of 500 feet to the rear and side.
(3)
No person operating a bicycle shall attach himself
or herself to any vehicle upon a roadway.
(4)
All operations shall be consistent with the rules
of the road established for bicycles.
A.
General prohibition. No person shall roller skate,
roller blade, skateboard or roller ski anywhere in the City without
complying with the terms of this section. As used herein, to roller
skate shall mean to roller skate on any type of roller skates or street
skates.
B.
Due care for safety. No person shall roller skate,
scooter or skateboard in a reckless manner within the City. No person
shall ride a skateboard, scooter or roller skate without exercising
due care for the safety of other persons and property.
C.
Traffic rules.
(1)
All on-street operation of skateboards, scooters,
in-line skates (roller blades and roller skies) and roller skates
shall be conducted as far to the right of the traffic lane as possible,
in a single file and flowing with traffic.
(2)
All operations of these skateboards, scooters, in-line
skates and roller skates shall be during daylight hours, unless the
operator has some type of reflective clothing or reflective strips
on his/her clothing which can be seen from a distance of 500 feet
to the rear and side.
(3)
No person operating roller skates shall attach him/her
to any vehicle upon a roadway.
(4)
All operations shall be consistent with the rules
of the road established for bicycles.
D.
Prohibition on skating at certain time and in certain
designated areas.
(1)
Business district. It shall be unlawful for any person
to operate or ride a skateboard, roller skates, scooters, roller skies
or roller blades in the business district.
(2)
Posted private property. On private property where
a sign prohibiting such use has been posted by the owner, lessee or
person in charge of the property. All persons operating such devices
described herein shall yield the right-of-way to other pedestrians
using public sidewalks and streets and shall not otherwise endanger
or interfere with traffic.
These devices shall be treated as bicycles,
and be subject to the same regulations and provisions governing bicycles
within the City except that electric personal assistive mobility devices
which are designed for the operator to be seated may travel on any
sidewalk within the City of Fairfax.
A.
Prohibitions. Electric bicycles, skateboards and scooters
shall be prohibited from traveling wherever bicycles are prohibited,
and shall be subject to all rules and regulations governing bicycles.
[Amended 10-10-2023 by Ord. No. 440]
A.
No person may operate a motorized UTV or golf cart on a public street
within the City of Fairfax without a permit from the City. Permits
may be granted for a period not to exceed one year, and must be renewed
annually. As part of issuing a permit, the City shall issue the permit
holder a decal that must be placed in a visible location on the vehicle
for which the permit was issued. A permit may be revoked at any time
if there is evidence that the person granted the permit cannot safely
operate the motorized golf cart or UTV on the roadways.
C.
Application of traffic laws. Every person operating a motorized UTV
or golf cart has all the rights and duties applicable to the driver
of any other vehicle. Use of UTVs and golf carts shall be limited
to City streets and alleys and are not permitted on county and state
roads or City sidewalks.
D.
Times of operation. Motorized UTVs and golf carts with headlights
and taillights may operate at any time of day. Headlight and taillight
use is required between sunset and sunrise and when visibility is
less than 500 feet. Motorized UTVs and golf carts without headlights
and taillights may only be operated from sunrise to sunset and only
when there is sufficient visibility to see persons and vehicles on
the roadway at a distance of at least 500 feet.
E.
Noise. No person shall operate a golf cart or UTV in a manner so
as to create a loud, unnecessary, or unusual noise which disturbs,
annoys, or interferes with the peace and quiet of other persons.
A.
Parental responsibility. The parent of any child and
the guardian of any ward shall not authorize or knowingly permit any
child or ward to violate any of the provisions of this chapter.
B.
Agreement for impoundment.
(1)
In place of any other penalty provided by law, any
person violating this section may, for a first offense, agree to have
the roller skates, roller blades, scooter or skateboard impounded
by the Police Department for one week.
(2)
In place of any other penalty provided by law, any
person violating this section may, for a second offense, agree to
have the roller skates, roller blades, scooter or skateboard impounded
by the Police Department for two weeks.
(3)
In place of any other penalty provided by law, any
person violating this section may, for a third or subsequent offense,
agree to have the roller skates, roller blades, scooter or skateboard
impounded by the Police Department for four weeks.
C.
Penalty. Any person convicted of violation of this
chapter shall be punished by a fine of not less than $25 and not more
than $500.
D.
Whenever there is a violation of traffic law by a
bicycle operator or a violation by a motorist that endangers a bicycle
operator, the court may permit demonstration of successful completion
of a court approved cycling knowledge course or test in lieu of or
in addition to a fine or other penalty.
The Fairfax Police Department is in charge of
enforcement of this chapter.
