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Bicycle Ordiance ProvisionsTHE CITY OF Dubuque ---... r D~~ a~~~~ E t r Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bicycle Ordinance Provisions DATE: September 15, 2009 The ordinance provision relating to the regulation of bicycles that was in the prior code was inadvertently left out of the most recent update from Sterling Codifiers. Assistant City Attorney Crenna Brumwell is recommending City Council adoption of the Bicycle Ordinance that requires that bicycles be licensed and registered, proscribes rules for the operation of bicycles in crosswalks and on streets and parking, prohibits clinging to vehicles and regulates riding. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF ~ ~~ X78 ~ ~~ ~ E MEM~JRANDUM MQSf23"~3TL'CC 032 f12E MtSS2SSi~3~"lt ( ~J .~- ~ e `;~` ~~ ~ `~~,"~~ CRENNA M. BRtJMWELL, E~SQ~ ASSISTANT CITY ATTORNE To: Michael C. Van Milligen City Manager DATE: September 14, 20Q9 RE: Bicycle Ordinance Provisions Attached please find an ordinance provision related to the regulation of bicycles. The provisions were in the prior cade and were inadvertently left out of the most recent update from Sterling Cadifiers. The ordinance requires that bicycles be licensed and registered, proscribes rules for the operation of bicycles in crosswalks and on streets and parking, prohibits clinging to vehicles, and regulates riding. I recommend that the inadvertent exclusion of the bicycle ordinances from the code update be corrected by adopting the attached ordinance. cc: Terry Tobin, Acting Chief of Police OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 48-09 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING ARTICLE 7, CHAPTER 7 RELATED TO THE REGISTRATION, RULES, AND REGULATIONS FOR OPERATION OF BICYCLES WITHIN THE CITY OF DUBUQUE Section 1. The City of Dubuque Code of Ordinances is amended to read as follows: Chapter 7 BICYCLES Sec. 7-7-1 Intent and Purpose Secs. 7-7-2 - 7-7-4 Reserved Sec. 7-7-5 Definitions Sec. 7-7-6 Equipment Sec. 7-7-7 Required Method of Riding a Bicycle Sec. 7-7-8 Clinging to Vehicles Sec. 7-7-9 Following Fire Apparatus Sec. 7-7-10 Bicycle Parking Sec. 7-7-11 Bicycle to be Driven to the Right Sec. 7-7-12 Bicycle Turn Signals Sec. 7-7-13 Left Turns by Bicycles Sec. 7-7-14 Passing on Right Sec. 7-7-15 Passing Within Lane Prohibited Sec. 7-7-16 Bicycle Not To Pass In or Between Lanes Sec. 7-7-17 Riding Abreast Sec. 7-7-18 Bicycle in Crosswalk Sec. 7-7-19 Abandoned, Unlicensed, and Unattended Bicycles Sec. 7-7-20 Reckless Operator of a Bicycle Secs. 7-7-21 - 7-7-29 Reserved Sec. 7-7-30 Registration Required Sec. 7-7-31 Registration Fees Sec. 7-7-32 Bicycle Records Sec. 7-7-33 Registration Sticker or Decal Sec. 7-7-34 Replacement of Registration Sticker or Decal Sec. 7-7-35 Altering, Counterfeiting of Registration Sticker or Decal Prohibited Sec. 7-7-36 Rental Agencies Sec. 7-7-37 Bicycle Dealers and Repair Shops Sec. 7-7-38 Violation Sec. 7-7-39 Reserved ARTICLE I. IN GENERAL 7-7-1. Intent and Purpose. The City finds and declares that the regulation of the use of bicycles and the licensing of bicycles is in the public interest for the following reasons: (1) To provide for the registration of all bicycles owned by residents; (2) To facilitate the identification and location of bicycles reported stolen or missing; (3) To assist the Police Department in its efforts to prevent the theft of bicycles; (4) To establish safety equipment requirements for the operators of bicycles; and, (5) To establish regulations governing the operation of bicycles on streets, bike lanes, and sidewalks of the City. 7-7-2 - 7-7-4. Reserved. ARTICLE II. OPERATING BICYCLES 7-7-5. Definitions. As used in this Chapter, the following words shall have the following definitions: Bicycle shall mean a device as defined in Section 9-1-321-1 of this Code. Bicycle path shall mean a separate path that has been designated for use by bicycles by atraffic-control device or other sign and that is separated from the street for other vehicular traffic by open space or a barrier. Bicyclist shall mean a person operating or in actual physical control of a bicycle, including a person on foot walking a bicycle. Frame number shall mean a unique identifying number permanently stamped or cast on the frame of a bicycle. 7-7-6. Equipment. (a) Each bicycle, when in use on the streets of the City at any time from sunset to sunrise, and at such other times when conditions such as fog, snow, sleet, or rain provide insufficient lighting to render clearly discernable persons and vehicles at a distance of five hundred feet (500') ahead, shall be equipped with a lamp on the front exhibiting a white light visible from at least three hundred feet (300') to the front and with a lamp on the rear exhibiting a red light visible from a distance of three hundred feet (300') to the rear; except that a red reflector of a type approved by the United States Consumer Products Safety Commission may be used in lieu of a rear light. Other lamps are permissible if no red light is directed towards the front, nor white light to the rear. (b) The use of sirens or whistles on a bicycle is prohibited. (c) No person shall drive a bicycle unless it is equipped with a functional brake. Unicycles are exempt from the brake requirement. (d) A person propelling a bicycle on the streets of the City shall not ride other than upon or astride a permanent and regular seat attached to the bicycle. (e) Each bicycle driven along the streets of the City shall have such other equipment, and the equipment shall be in such condition, as will allow it to be operated safely. 7-7-7. Required Method of Riding a Bicycle. (a) No bicycle shall be used by either the driver or any passenger to carry more passengers than the number for which it is designed or equipped. (b) An adult riding a bicycle may carry a child securely attached to the person in a backpack or sling. (c) Every person driving a bicycle shall keep at least one (1) hand on the handlebars at all times and shall not carry any package, bundle, or article that obstructs the driver's vision or prevents the use of both hands in the control and operation of the bicycle. (d) Every person riding a bicycle upon a street shall have all of the rights and duties applicable to the driver of a vehicle except as modified by this Chapter. 7-7-8. Clinging to Vehicles. No bicyclist shall attach the bicycle or himself to any vehicle upon a roadway, sidewalk, or bike path. This Section shall not prohibit attaching a trailer or semi-trailer to a bicycle if that trailer orsemi-trailer is designed for such attachment. 7--7-9. Following Fire Apparatus. No person riding a bicycle shall follow any fire apparatus traveling in response to a fire alarm closer than five hundred feet (500') or drive into or park such bicycle within the block where fire apparatus has stopped in response to a fire alarm or other emergency. 7-7-10. Bicycle Parking. (a) No person shall park a bicycle between the curb lines in such a way as to: (1) Cause an obstruction to or impede the flow of traffic or of pedestrians on public or private sidewalks; (2) Hinder or restrict access to handrails or ramps; (3) Lock the bicycle to a tree or fire hydrant; (4) Park on a street except in an area designated for bicycle parking; or, (5) Leave the bicycle locked to a pole or post owned by the City for more than twelve (12) consecutive hours. (b) Persons stopping or parking bicycles shall obey all the provisions of law regulating those activities on streets, but are exempt from other parking provisions unless specifically mentioned. 7-7-11. Bicycle to be Driven to the Right. (a) Every person driving a bicycle shall ride in the right-hand through lane of the roadway except under any of the following conditions: (1) When driving a bicycle in a bicycle lane; (2) When preparing for a left turn; (3) When reasonably necessary for safety; (4) When overtaking and passing on the left of another vehicle; (5) When on a one-way street, driving in the left through lane; or (6) When driving on a sidewalk as permitted by Section 7-7-18. (b) If any person drives a bicycle so slow as to impede or block the normal and legal forward movement of traffic proceeding immediately behind such vehicle, then such person shall drive within the right four feet (4') of the street until such impeded traffic has passed by, except when reasonably necessary for safety. A person driving on a one- way street may satisfy this requirement by driving in the left-hand four feet (4') of the street. (c) A bicycle may be driven on a paved shoulder if such driving does not violate any section of law for passing or direction of traffic. 7-7-12. Bicycle Turn Signals. The driver of a bicycle is exempted from giving the hand and arm signal continuously if the hand is needed in the control or operation of the bicycle, but it shall be given for a substantial period while stopped waiting to turn. The driver of a bicycle may signal a right turn by extending the right hand and arm horizontally. 7-7-13. Left Turns by Bicycles. (a) The driver of a bicycle turning left in accordance with law may approach the turn anywhere within any separate left turn lane and may finish the turn by moving to the right lane as soon as it can be done in safety. (b) In addition to any other method specified by law, the driver of a bicycle may make a left turn by crossing the intersection as close as practicable to the right hand curb line to the far curb and then turning left to proceed in the proper position on the other roadway. A person making a left turn under the provisions of this Subsection may do so only after complying with all the obligations of drivers of vehicles approaching in the new direction on the other roadway. 7-7-14. Passing on Right. In addition to the permissible passing on the right specified in the Code of Iowa, the following overtaking and passing is permitted if completed in safety on unobstructed paved streets of sufficient width, and the overtaking vehicle is not stopped or slowed for a pedestrian: (1) The overtaking vehicle is a bicycle in a bike lane. (2) The overtaking vehicle is a bicycle that is traveling to the right of vehicles stopped or moving in the right hand lane of travel, but the bicycle may not pass the first vehicle stopped at an intersection unless the bicycle is preparing to turn right and the vehicle is not signaling a right turn, nor may the bicycle pass a moving vehicle that is signaling a right turn, nor may the bicycle pass vehicles within an intersection except a vehicle signaling a left turn. 7-7-15. Passing Within Lane Prohibited. Subject to special rules applicable to bicycles and rules permitting passing on the right, no driver of any bicycle shall pass another vehicle other than a bicycle within the same lane. But any bicycle may pass to the left of a bicycle within the same lane if it is done in safety, and if the overtaking bicycle does not come within three feet (3') of the bicycle. 7-7-16. Bicycle Not To Pass In or Between Lanes. Except as otherwise provided in this Chapter, the driver of a bicycle shall not overtake or pass in the same lane occupied by a four (4) or more wheeled vehicle being overtaken, nor shall any person overtake a bicycle between lanes of traffic or between adjacent lines or rows of vehicles. 7-7-17. Riding Abreast. Bicyclists on a street or a bicycle path shall not ride more than two (2) abreast. Bicyclists operating bicycles two (2) abreast on a laned street shall do so within a single lane. Bicyclists operating vehicles two (2) abreast on a street should not impede the normal and reasonable movement of traffic. 7-7-18. Bicycle in Crosswalk. (a) A person driving a bicycle upon a sidewalk or in a crosswalk shall yield the right- of-way to any pedestrian and shall give an audible signal before overtaking and passing any pedestrian. (b) A person shall not drive a bicycle upon a sidewalk or in a crosswalk in those areas of the City where there is pedestrian congestion or at times in other areas of the City where there is pedestrian congestion. In such event, a bicyclist shall walk the bicycle if there is no street upon which a bicycle may be driven with safety. (c) Persons driving bicycles across a street and along a crosswalk from a sidewalk or bike path have all the duties applicable to pedestrians under the same circumstances and similarly have such rights, but only when the approach and entry into the street are made at a speed no greater than an ordinary walk so that other drivers may anticipate the necessity to yield when required. 7-7-19. Abandoned, Unlicensed, and Unattended Bicycles. (a) Every bicycle left at any place for such times and under such circumstances as to cause the bicycle to reasonably appear to be abandoned or parked in such manner as to cause an immediate safety hazard, or an obstruction to entry or exit of a building area constitutes a public nuisance. If the person in possession of the bicycle is not present or is unwilling or unable to provide for its immediate removal, a police officer may remove and impound the bicycle. (b) Whenever any bicycle is found unlicensed by a police officer and there is no person in attendance upon the parked bicycle, the police officer is authorized to impound the bicycle. (c) Before the owner or person entitled to possession of any legally impounded bicycle shall be permitted to remove it from the custody of the bicycle pound or other authorized location, such person shall furnish evidence of identity and ownership of the bicycle and evidence of a validly issued bicycle license to be placed on the bicycle if no such license is permanently affixed to the bicycle. 7-7-20. Reckless Operator of a Bicycle. No bicyclist shall operate a bicycle recklessly or at a speed faster than is reasonably proper or in a manner so as to endanger the life, limb, or property of the bicyclist or of any other person. 7-7-21 - 7-7-29. Reserved. ARTICLE III. REGISTRATION 7-7-30. Registration Required. (a) Every bicycle owned or ridden within this City shall be registered pursuant to the provisions of this Article within ten (10) days of the date the bicycle is acquired or the residency of the owner is established. (b) Registration of bicycles shall be made at the City Clerk's Office and at such other places and times as the Police Chief may determine to be in the best interest of the public. (c) No bicycle shall be registered unless it displays a frame number. No person engaged in the business of selling new or used bicycles at retail within this City shall buy or sell any new or used bicycle unless such bicycle has a frame number. (d) The City Clerk's Office and the Police Department shall not issue a license for any bicycle when it is known or there are reasonable grounds to believe that the applicant is not the owner of or entitled to the possession of the bicycle. (e) Exempt from the registration requirements of this Chapter are bicycles in the possession of bicycle dealers and available for sale to others and bicycles owned and operated by nonresidents of the City in competitive events or demonstrations conducted within the City. 7-7-31. Registration Fees. (a) For registrations on or after March 1, 2003, the fee for a bicycle registration shall be five dollars ($5.00). The license shall be valid for the length of time the bicycle is owned by the person to whom the license is issued. (b) Bicycle registration fees shall not be prorated, refundable, or transferred. 7-7-32. Bicycle Records. The Police Department shall keep a record of the number of each registration, the date issued, the name and address of the person to whom issued, and the number of the frame of the bicycle for which issued. 7-7-33. Registration Sticker or Decal. (a) The Chief of Police shall prescribe a form of sticker or decal bearing the registration number to be attached to the bicycle. The Chief of Police or Chief of Police's designee may also prescribe an identifying marking to be stamped into the frame of the bicycle if the bicycle does not have a unique number stamped by the manufacturer. (b) The owner of a bicycle shall firmly attach the sticker or decal to the frame of the bicycle for which issued. (c) No person shall remove a license sticker or decal from a bicycle except upon transfer of ownership as provided herein or when the bicycle is dismantled and no longer operated upon any street in this City. 7-7-34. Replacement of Registration Sticker or Decal. In the event of loss or destruction of the original registration sticker or decal, the owner of the bicycle may secure a replacement upon the payment of a fee established by the City Manager. 7-7-35. Altering, Counterfeiting of Registration Sticker or Decal Prohibited. It shall be unlawful for any person to alter or counterfeit any registration sticker or decal issued in conformity with this Article. 7-7-36. Rental Agencies. A rental agency shall not rent or offer to rent any bicycle unless: (1) The bicycle is registered; (2) A registration sticker or decal is attached to the frame of the bicycle; and, (3) The bicycle is equipped with the lamps and other equipment required by state law or this Chapter. 7.7.37. Bicycle Dealers and Repair Shops. Upon receipt by any dealer or repair shop of a bicycle or portion thereof which includes the frame, if the frame number or any portion of it has been removed, tampered with, or in any manner made illegible, the dealer or repair shop shall make an immediate report to the Police Department. 7-7-38. Violation. A violation of the provisions of this Chapter is a scheduled violation in accordance with Section 805.8A of the Code of Iowa. If a fine is not listed under Iowa Code Section 805.8A the scheduled fine shall be fifteen dollars ($15.00). 7-7-39. Reserved. Section 2. This Ordinance shall take effect on publication. Passed, approved and adopted the 2lstday of September , 2009. ~' 'CD ~ ~.~1~L.~i2 J~ c E. Connors, Mayor Pro-Tem Attest: t!~--~ eanne F. Schneider, City Clerk EFFECT OF AMENDMENT Chapter 7 BICYCLES Sec. 7-7-1 Intent and Purpose Secs. 7-7-2 - 7-7-4 Reserved Sec. 7-7-5 Definitions Sec. 7-7-6 Eauiament Sec. 7-7-7 Required Method of Riding a Bicvcle Sec. 7-7-8 Clinging to Vehicles Sec. 7-7-9 Following Fire Apparatus Sec. 7-7-10 Bicvcle Parking Sec. 7-7-11 Bicvcle to be Driven to the Right Sec. 7-7-12 Bicvcle Turn Signals Sec. 7-7-13 Left Turns by Bicvcles Sec. 7-7-14 Passing on Right Sec. 7-7-15 Passing Within Lane Prohibited Sec. 7-7-16 Bicvcle Not To Pass In or Between Lanes Sec. 7-7-17 Riding Abreast Sec. 7-7-18 Bicvcle in Crosswalk Sec. 7-7-19 Abandoned. Unlicensed. and Unattended Bicvcles Sec. 7-7-20 Reckless Operator of a Bicvcle Secs. 7-7-21 - 7-7-29 Reserved Sec. 7-7-30 Registration Required Sec. 7-7-31 Registration Fees Sec. 7-7-32 Bicvcle Records Sec. 7-7-33 Registration Sticker or Decal Sec. 7-7-34 Replacement of Registration Sticker or Decal Sec. 7-7-35 Altering. Counterfeiting of Registration Sticker or Decal Prohibited Sec. 7-7-36 Rental Agencies Sec. 7-7-37 Bicvcle Dealers and Repair Shops Sec. 7-7-38 Violation Sec. 7-7-39 Reserved ARTICLE I. IN GENERAL 7-7-1. Intent and Purpose. The Citv finds and declares that the regulation of the use of Bicvcles and the licensing of Bicvcles is in the public interest for the following reasons: (1) To provide for the registration of all Bicvcles owned by residents: (2) To facilitate the identification and location of Bicvcles reported stolen or missing: (31 To assist the Police Department in its efforts to prevent the theft of bicvcles: (4) To establish safety eauipment reauirements for the operators of bicvcles: and. (51 To establish reaulations aovernina the operation of bicvcles on streets. bike lanes. and sidewalks of the Citv. 7-7-2 - 7-7-4. Reserved. ARTICLE II. nPFRATING BICYCLES 7-7-5. Definitions. As used in this Chapter, the followina words shall have the followina definitions: Bicvcle shall mean a device as defined in Section 9-1-321-1 of this Code. Bicvcle path shall mean a separate path that has been desianated for use by bicvcles by atraffic-control device or other sian and that is separated from the street for other vehicular traffic by open space or a barrier. Bicyclist shall mean a person operatina or in actual physical control of a bicvcle. including a person on foot walking a bicvcle. Frame number shall mean a uniaue identifying number permanently stamped or cast on the frame of a bicvcle. 7-7-6. Eauipment. (a) Each bicvcle, when in use on the streets of the Citv at any time from sunset to sunrise. and at such other times when conditions such as fog. snow. sleet. or rain provide insufficient lighting to render clearly discernable persons and vehicles at a distance of five hundred feet (500') ahead. shall be eauipped with a lamp on the front exhibitina a white light visible from at least three hundred feet (300'1 to the front and with a lamp on the rear exhibitina a red light visible from a distance of three hundred feet 1300' to the rear: except that a red reflector of a type approved by the United States Consumer Products Safety Commission may be used in lieu of a rear light. Other lamps are permissible if no red light is directed towards the front. nor white light to the rear. (bl The use of sirens or whistles on a bicvcle is prohibited. (cl No person shall drive a bicvcle unless it is eauipped with a functional brake. Unicycles are exempt from the brake reauirement. (d) A person propellina a bicvcle on the streets of the Citv shall not ride other than upon or astride a permanent and reaular seat attached to the bicvcle. (e) Each bicvcle driven alona the streets of the Citv shall have such other eauipment. and the eauipment shall be in such condition, as will allow it to be operated safely. 7-7-7. Reauired Method of Ridina a Bicvcle. (a) No bicvcle shall be used by either the driver or anv passenaer to carry more passenaers than the number for which it is desianed or eauipaed. (b) An adult ridina a bicvcle may carry a child securely attached to the person in a backpack or sling. ~c) Every person driving a bicvcle shall keep at least one l1) hand on the handlebars at all times and shall not carry anv package. bundle. or article that obstructs the driver's vision or prevents the use of both hands in the control and operation of the bicvcle. (d) Every person ridina a bicvcle upon a street shall have all of the rights and duties applicable to the driver of a vehicle except as modified by this Chapter. 7-7-8. Clinging to Vehicles. No bicyclist shall attach the bicvcle or himself to anv vehicle upon a roadway. sidewalk. or bike path. This Section shall not prohibit attaching a trailer or semi-trailer to a bicvcle if that trailer or semi-trailer is desianed for such attachment. 7-7-9. Following Fire Apparatus. No person ridina a bicvcle shall follow anv fire apparatus traveling in response to a fire alarm closer than five hundred feet (500') or drive into or park such bicvcle within the block where fire apparatus has stopped in response to a fire alarm or other emergency. 7-7-10. Bicvcle Parking. (al No person shall park a bicvcle between the curb lines in such a way as to: (1) Cause an obstruction to or impede the flow of traffic or of pedestrians on public or private sidewalks: (21 Hinder or restrict access to handrails or ramps: (3) Lock the bicvcle to a tree or fire hydrant: (4) Park on a street except in an area designated for bicvcle Parkina: or. (5) Leave the bicvcle locked to a pole or post owned by the Citv for more than twelve (12) consecutive hours. (b) Persons stopping or parking bicycles shall obey all the provisions of law regulating those activities on streets. but are exempt from other parking provisions unless specifically mentioned. 7-7-11. Bicvcle to be Driven to the Right. la) Every person driving a bicvcle shall ride in the right-hand through lane of the roadway except under anv of the following conditions: (1) When driving a bicvcle in a bicvcle lane: (2) When preparing for a left turn: (3) When reasonably necessary for safety: (4) When overtaking and passing on the left of another vehicle: (51 When on a one-way street. driving in the left through lane: or (6) When driving on a sidewalk as permitted by Section 7-7-18. (b) If anv person drives a bicvcle so slow as to impede or block the normal and legal forward movement of traffic proceeding immediately behind such vehicle. then such person shall drive within the right four feet (4') of the street until such impeded traffic has passed bv. except when reasonably necessary for safety. A person driving on a one- wav street may satisfy this reauirement by driving in the left-hand four feet (4'1 of the street. (c) A bicvcle may be driven on a paved shoulder if such driving does not violate any section of law for passing or direction of traffic. 7-7-12. Bicvcle Turn Signals. The driver of a bicvcle is exempted from giving the hand and arm signal continuously if the hand is needed in the control or operation of the bicvcle. but it shall be given for a substantial period while stopped waiting to turn. The driver of a bicvcle may signal a right turn by extending the right hand and arm horizontally. 7-7-13. Left Turns by Bicycles. (a) The driver of a bicvcle turning left in accordance with law may approach the turn anywhere within any separate left turn lane and may finish the turn by moving to the right lane as soon as it can be done in safety. (b) In addition to any other method specified by law. the driver of a bicvcle may make a left turn by crossing the intersection as close as practicable to the right hand curb line to the far curb and then turning left to proceed in the proper position on the other roadwav. A person making a left turn under the provisions of this Subsection may do so only after complying with all the obligations of drivers of vehicles approaching in the new direction on the other roadwav. 7-7-14. Passing on Right. In addition to the permissible passing on the right specified in the Code of Iowa. the following overtaking and passing is permitted if completed in safety on unobstructed paved streets of sufficient width. and the overtaking vehicle is not stopped or slowed for a pedestrian: (1) The overtaking vehicle is a bicvcle in a bike lane. (2) The overtaking vehicle is a bicvcle that is traveling to the right of vehicles stopped or moving in the right hand lane of travel. but the bicvcle may not pass the first vehicle stopped at an intersection unless the bicvcle is preparing to turn right and the vehicle is not sianalina a right turn, nor may the bicvcle pass a moving vehicle that is sianalina a right turn. nor may the bicvcle pass vehicles within an intersection except a vehicle sianalina a left turn. 7-7-15. Passing Within Lane Prohibited. Subject to snPr;ial n iIP~ applicable to bicycles and rules permitting passing on the right. no driver of any bicvcle shall pass another vehicle other than a bicvcle within the same lane. But any bicvcle may pass to the left of a bicvcle within the same lane if it is done in safety. and if the overtaking bicvcle does not come within three feet (3') of the bicvcle. 7-7-16. Bicycle Not To Pass In or Between Lanes. Except as otherwise provided in this Chapter, the driver of a bicvcle shall not overtake or pass in the same lane occupied by a four (4) or more wheeled vehicle being overtaken, nor shall any person overtake a bicvcle between lanes of traffic or between adjacent lines or rows of vehicles. 7-7-17. Riding Abreast. Bicyclists on a street or a bicvcle path shall not ride more than two (2) abreast. Bicyclists operating bicycles two (2) abreast on a laned street shall do so within a single lane. Bicyclists operating vehicles two (2) abreast on a street should not impede the normal and reasonable movement of traffic. 7-7-18. Bicvcle in Crosswalk. (a) A person driving a bicvcle upon a sidewalk or in a crosswalk shall yield the riaht- of-way to anv pedestrian and shall give an audible signal before overtaking and passing anv pedestrian. (b) A person shall not drive a bicvcle upon a sidewalk or in a crosswalk in those areas of the Citv where there is pedestrian congestion or at times in other areas of the City where there is pedestrian congestion. In such event. a bicvclist shall walk the bicvcle if there is no street upon which a bicvcle may be driven with safety. (c) Persons driving bicycles across a street and along a crosswalk from a sidewalk or bike path have all the duties applicable to pedestrians under the same circumstances and similarly have such rights. but only when the approach and entry into the street are made at a speed no greater than an ordinan/ walk so that other drivers may anticipate the necessity to yield when reauired. 7-7-19. Abandoned. Unlicensed, and Unattended Bicycles. (a) Every bicvcle left at any place for such times and under such circumstances as to cause the bicvcle to reasonably appear to be abandoned or parked in such manner as to cause an immediate safety hazard, or an obstruction to entry or exit of a building area constitutes a public niaisancP. If th? rerson in possession of the bicvcle is not aresent or is unwilling or unable to provide for its immediate removal. a police officer may remove and impound the bicvcle. (b) Whenever any bicvcle is found unlicensed by a police officer and there is no person in attendance upon the parked bicvcle. the police officer is authorized to impound the bicvcle. (c) Before the owner or person entitled to possession of any legally impounded bicvcle shall be permitted to remove it from the custody of the bicvcle pound or other authorized location, such person shall furnish evidence of identity and ownership of the bicvcle and evidence of a validly issued bicvcle license to be placed on the bicvcle if no such license is permanently affixed to the bicvcle. 7-7-20. Reckless Operator of a Bicvcle. No bicvclist shall operate a bicvcle recklessly or at a speed faster than is reasonably proper or in a manner so as to endanger the life limb or property of the bicyclist or of any other person. 7-7-21 - 7-7-29. Reserved. ARTICLE III. REGISTRATION ' 7-7-30. Reaistration Reauired. (a) Everv bicvcle owned or ridden within this Citv shall be reaistered pursuant to the provisions of this Article within ten (10) davs of the date the bicvcle is acauired or the residency of the owner is established. (b) Reaistration of bicvcles shall be made at the Citv Clerk's Office and at such other places and times as the Police Chief may determine to be in the best interest of the public. (c) No bicvcle shall be reaistered unless it displays a frame number. No person enaaaed in the business of sellina new or used bicvcles at retail within this Citv shall buy or sell anv new or used bicvcle unless such bicvcle has a frame number. (d) The Citv Clerk's Office and the Police Department shall not issue a license for anv bicvcle when it is known or there are reasonable arounds to believe that the applicant is not the owner of or entitled to the possession of the bicvcle. (e) Exempt from the reaistration reauirements of this Chapter are bicvcles in the possession of bicvcle dealers and available for sale to others and bicvcles owned and operated by nonresidents of the Citv in competitive events or demonstrations conducted within the Citv. ' 7-7-31. Reaistration Fees. (a) For reaistrations on or after March 1.2003. the fee for a bicvcle reaistration shall be five dollars ($5.00). The license shall be valid for the lenath of time the bicvcle is owned by the person to whom the license is issued. (b) Bicycle reaistration fees shall not be prorated, refundable, or transferred. 7-7-32. Bicvcle Records. The P~lir:P Department shall keep a record of the number of each reaistration the date issued. the name and address of the person to whom issued. and the number of the frame of the bicvcle for which issued. 7-7-33. Reaistration Sticker or Decal. (a) The Chief of Police shall prescribe a form of sticker or decal bearina the reaistration number to be attached to the bicvcle. The Chief of Police or Chief of Police's desianee may also prescribe an identifvina marking to be stamped into the frame of the bicvcle if the bicvcle does not have a uniaue number stamped by the manufacturer. (b) The owner of a bicvcle shall firmly attach the sticker or decal to the frame of the bicvcle for which issued. lc) No person shall remove a license sticker or decal from a bicvcle except upon transfer of ownership as provided herein or when the bicvcle is dismantled and no lonaer operated upon any street in this Citv. 7-7-34. Replacement of Reaistration Sticker or Decal. In the event of loss or destruction of the oriainal reaistration sticker or decal, the owner of the bicvcle may secure a replacement upon the payment of a fee established by the City Manaaer. 7-7-35. Altering., C:~iinterfeitina of Registration Sticker or Decal Prohibited. It shall be unlawful for any person to alter or counterfeit any reaistration sticker or decal issued in conformity with this Article. 7-7-36. Rental Aaencies. A rental aaencv shall not rent or offer to rent any bicvcle unless: (1) The bicvcle is reaistered: l2) A reaistration sticker or decal is attached to the frame of the bicvcle: and. (3) The bicvcle is equipped with the lamps and other equipment required b~ state law or this Chapter. 7-7-37. Bicycle Dealers and Repair Shops. Upon receipt by any dealer or repair shop of a bicvcle or portion thereof which includes the frame. if the frame number or any portion of it has been removed. tampered with. or in any manner made illeaible. the dealer or repair shop shall make an immediate report to the Police Department. 7-7-38. Violation. A violation of the provisions of this Chapter is a scheduled violation in accordance with Section 805.8A of the Code of Iowa. tf a fine is not listed under Iowa Code Section 805.8A the scheduled fine shall be fifteen dollars ($15.00). 7-7-39. Reserved.