Chapter 5
BICYCLES
AND MOTOR SCOOTERS
*Cross
reference-Traffic, Ch. 24.
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| Art. I. |
In General, § 5-1--5-15 |
| Art. II. |
Operational Rules and Regulations,
§§ 5-16--5-23 |
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ARTICLE I. IN GENERAL
Sec. 5-1. Enforcement.
The chief of police shall
administer the provisions of this chapter.
Source: Code 1962, § 10-16-5
ARTICLE II. BICYCLES
Sec. 5-2.
Registration.
(a) It shall be unlawful for any person to operate or use a bicycle
propelled by muscular power upon any of the streets, alleys or public highways
of the city, without first registering the same with the clerk. The clerk shall, upon written application,
register a bicycle for two (2) calendar years.
All registrations shall cease on the thirtieth day of April of each even
numbered year after their entry, and registration shall entitle the registrant
to operate the bicycle for which the same is issued as provided by law.
(b) The fee for such registration is set forth in
Section 2-5 of this Code.
The fee for replacement of lost or destroyed registrations
is set forth in Section 2-5
of this Code. All such registration fees shall be paid into the
treasury.
(c) The chief of police is hereby empowered to suspend or revoke any
registration issued under the provisions of this chapter for any violation
hereof.
Source: Code 1962, §§ 10-16-1, 10-16-2, 10-16-4,
10-16-5; Ord. No. 2864, § 1, 4-7-80; Ord. No. 4761, § 1, 11-15-04; Ord. No.
5135, § 4, 9-7-10
State law reference-Authority to
require bicycle registration, R.R.S. 1943, 39-690(4).
Sec. 5-3. License.
The clerk shall provide
licenses, having registered numbers thereon in numerical order beginning with
number one, and indicating the year for which the same is issued and the words
"Norfolk Bicycle License". Said license shall be affixed to the frame or
fender of each bicycle. The clerk shall
maintain a record of the date of issue of each registration, to whom made, the
number thereon, the make, kind and serial number of the bicycle.
Source: Code 1962, § 10-16-3; Ord. No. 4761, § 1,
11-15-04
Sec. 5-5. Parental
responsibilities.
The parent or guardian of any
child, who is less than sixteen (16) years old, shall not knowingly permit any
such child to violate any of the provisions of this chapter.
State law reference-Similar
provisions, R.R.S. 1943, 39-687.
Sec. 5-6. Violations.
Any person violating any of the provisions of this chapter or who
shall fail, neglect or refuse to perform any duty imposed upon him by this
chapter shall be deemed guilty of an offense, and upon conviction thereof, may
in lieu of the penalty provided by this Code for such violation, be adjudged
and ordered to surrender the registration and license for his bicycle to the
chief of police for a period not to exceed six (6) months, or may be ordered to
surrender his bicycle for impounding for a period of not to exceed six (6)
months.
Source: Code 1962, § 10-16-6 (N), (O); Ord. No.
4761, § 1, 11-15-04
Sec. 5-16. Compliance.
It shall be unlawful to operate
a bicycle upon the streets of the city except in compliance with the provisions
of this article.
Source: Code 1962, § 10-16-6
Sec. 5-17. Compliance with traffic laws.
All bicycle riders shall adhere to all laws
regulating the movement of traffic on the streets, alleys or public ways so far
as applicable.
Source: Code 1962, § 10-16-6(M)
State law reference-Similar
provisions, R.R.S. 1943, 39-686.
Sec. 5-18. Equipment.
(a) Any bicycle when in use at nighttime shall be equipped with a
light on the front which shall emit a white light visible from a distance of at
least five hundred (500) feet to the front on a clear night and with a red
reflector on the rear of a type which shall be visible on a clear night from
all distances between one hundred (100) feet and six hundred (600) feet to the
rear when directly in front of lawful lower beams of headlights on a motor
vehicle. A light emitting a red light
visible from a distance of five hundred (500) feet to the rear may be used in
addition to such red reflector.
(b) Any bicycle used on a highway shall be equipped with a brake which
will enable the operator to make the braked wheel skid on dry, level, clean
pavement.
Source: Code 1962, § 10-16-6(C)
State law reference-Similar
provisions, R.R.S. 1943, 39-691.
Sec. 5-19. Manner of riding; carrying passengers, etc.
(a) Any person who rides a bicycle shall not ride other than upon or
astride a permanent and regular seat attached thereto.
(b) Any person who rides a bicycle shall not remove his feet from the
pedals and shall have at least one hand on the handlebars at all times.
(c) Any person who operates a bicycle shall not carry any package,
bundle, or article which prevents such operator from keeping at least one hand
upon the handlebars.
(d) No bicycle shall be used to carry more persons at one time than
the number for which it shall be designed and equipped.
Source: Code 1962, §§ 10-16-6(F), (G), (J)
State law reference-Similar
provisions, R.R.S. 1943, 39-688.
Sec. 5-20. Riding on roadways and paths.
(a) Any person who operates 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) Any person who rides a bicycle upon a roadway shall not ride more
than single file except on paths or parts of roadways set aside for the
exclusive use of bicycles.
(c) Whenever a usable path for bicycles has been provided adjacent to
a roadway, bicycle riders shall use such path and shall not use such roadway.
Source: Code 1962, § 10-16-6(E)
State law reference-Similar
provisions, R.R.S. 1943, 39-690.
Sec. 5-21.
Bicycle riding on sidewalks.
Bicycles may be ridden on the sidewalks in the city
except where prohibited in Section 22-4 of this Code provided, however, that
pedestrians shall, at all times, have the right of way.
Source: Code 1962, § 10-16-6(D); Ord. No. 4033, §
1, 6-20-94; Ord. No. 4581, § 1, 5-20-02; Ord. No. 5734, § 1, 05-03-2021;
Reference-Similar
provisions, section 22-4.
Sec. 5-22. Clinging to vehicles.
Any person who rides upon any
bicycle shall not attach such or himself to any vehicle upon a roadway.
Source: Code 1962, § 10-16-6(I)
State law reference-Similar
provisions, R.R.S. 1943, 39-689.
Sec. 5-23. Parking.
It shall be unlawful for any
person to park a bicycle upon a roadway, sidewalk, or other public way in such
a position as to interfere with the safety or movement of vehicular or
pedestrian traffic and when parked within three (3) feet of the curb, as close
to the curb line as possible.
Source: Code 1962, § 10-16-6(K)
ARTICLE III. MOTOR SCOOTERS
Sec.
5-24. Gas- or electric-powered scooters on sidewalks.
Unless otherwise provided, gas- or electric-powered scooters may be
operated upon a sidewalk so long as the gas- or electric-powered scooter meets
the following criteria:
(1) The maximum speed at which the scooter is capable of being operated, as
determined by the manufacturer, cannot exceed 20 miles per hour.
(2) No modifications shall be made to the scooter to enable the scooter to be
operated at a higher rate of speed than the maximum speed determined by the
manufacturer.
(3) The scooter is registered with the city clerk as set forth in this
article.
Source: Ord. No. 4761, § 1, 11-15-04
Sec.
5-25. Registration; license.
(a) It shall be unlawful for
any person to operate or use a gas- or electric-powered scooter on the sidewalks
of the city, without first registering the same with the city clerk.
(b) The clerk or his or her
authorized designee shall, upon written application, register a gas- or
electric-powered scooter for two (2) calendar years. All registrations
shall cease on the thirtieth (30th) day of April of each even numbered year
after their entry, and registration shall entitle the registrant to operate the
gas- or electric-powered scooter for which the same is issued as provided by
law. Only gas- or electric-powered
scooters with a maximum speed not exceeding 20 miles per hour, as determined by
the manufacturer, may be registered.
(c) The fee for such
registration is set forth in Section 2-5 of this Code.
The fee for replacement of
lost or destroyed registrations is set forth in
Section 2-5 of this Code.
All such registration fees shall be paid into the treasury.
(d) The city clerk or his or
her authorized designee shall provide licenses, having registered numbers
thereon in numerical order and indicating the year for which the same is issued
and the words "Norfolk Scooter License".
Said license shall be affixed to the frame or fender of each gas- or
electric-powered scooter. The city clerk or his or her authorized designee
shall maintain a record of the date of issue of each registration, to whom made,
the number thereon, the make, kind, serial number and manufacturer’s maximum
rated speed of the scooter.
(e) It shall be a violation
of this section to provide false information when registering and/or licensing a
gas- or electric-powered scooter.
(f) A registration and/or
license that is issued based upon false or inaccurate information is void.
Source: Ord. No. 4761, § 1, 11-15-04; Ord. No.
5135, § 4, 9-7-10
Sec.
5-26. Right of way.
The operator of a gas- or electric-powered scooter shall at all times
yield the right of way to pedestrians, to vehicles crossing the sidewalk and to
any vehicles or pedestrians on any street or at any intersection.
Source: Ord. No. 4761, § 1, 11-15-04
Sec.
5-27. Violations; impoundment; redemption.
(a) Every gas- or
electric-powered scooter, regardless of the owner of the scooter, being operated
in violation of this article, is hereby declared a public nuisance.
The scooter may be seized upon a police officer witnessing the violation
and impounded for a period of ten (10) days at the expense of the owner of the
scooter. After the passage of ten
(10) days, the scooter may be redeemed as provided in this section.
(b) Only the owner, a person
authorized by the owner, the person operating the scooter at the time of
impoundment, or a person lawfully entitled to the possession of such scooter may
redeem a scooter from the city police division.
(c) Any person redeeming a
scooter impounded by the city shall pay the cost of towing or removal fee plus
storage fees set forth in
Section 2-5 of this Code.
(d) In the event the scooter
was not registered at the time of impoundment, it must be registered prior to
being released by the police division.
Source: Ord. No. 4761, § 1, 11-15-04; Ord. No.
5135, § 4, 9-7-10
Section
5-28. Exception.
This Article shall not be applicable to scooters, power chairs or electric
wheelchairs having more than two (2) wheels which are designed for and being
utilized by individuals with limited mobility.
Source: Ord. No. 4833, § 1, 10-03-05
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