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HomeMy WebLinkAboutOrdinance 15281~~. ,,, ORDINANCE NO ~ v AN ORDINANCE REVISING CHAPTER 22 MOTOR VEHICLES AND PEDESTRIANS, ARTICLE VII "BICYCLES" OF THE CODE OF THE CITY OF FORT WORTH, AS AMENDED, BY REPEALING ALL PROVISIONS RELATING TO MANDATORY REGISTRATION~OF BICYCLES, PROVIDING A PENALTY, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY FORT WORTH, TEXAS SECTION 1 That Chapter 22 "Motor Vehicles and Traffic," Article VII "Bicycles," of the Code of the City of Fort Worth (1986), as amended, is hereby amended to read as follows Division 1 Generally Sec. 22-241 Reflectors required. Any person who rides a bicycle between the hours of 7.00 p.m and 5.00 a.m must have such bicycle equipped on the front thereof with an amber reflector at least two and one-half (2 1/2) inches in diameter or an electric headlight with the lens not less than two and one-half (2 1/2) inches in diameter, and the rear of such bicycle must be equipped with a reflector of at least two and one-half (2 1/2) inches in diameter Sec. 22-242. Riding on bicycles. (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 or equipped Sec. 22-243. Clinging to moving vehicles. It shall be unlawful for any person traveling upon any bicycle to cling to or attach himself or his vehicle to any other moving vehicle on any street. Sec. 22-244 Riding in reckless manner It shall be unlawful for any person to ride a bicycle upon, over, or along any street, public square or park or any public property in the city in such a reckless, indifferent or careless manner as to unreasonably endanger any person or property Sec. 22-245. Bicycle helmets (a) Definitions. In this section, the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning :, Bicycle means a human powered vehicle with two (2) wheels in tandem designed to transport by a pedaling action a person seated on a seat Child means any individual under eighteen (18) years of age Dealer means any commercial establishment that sells at retail or rents new or used bicycles, whether as its principal business activity or in connection with the selling or renting of other merchandise, or the providing of services, from a place of business within the city Helmet means properly fitted headgear that is not structurally damaged and that conforms to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet. Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child Public way means any property that is publicly owned or maintained, including, but not limited to a street or highway, a publicly maintained trail, or a public parks facility Wearing a helmet means that the person has a helmet fastened securely to his/her head with the straps of the helmet securely tightened (b) Helmet required (1) It is unlawful for -any child to operate or ride upon a bicycle or any side car, trailer, child carrier, seat or other device attached to a bicycle unless the child is wearing a helmet. (2) It is unlawful for a parent to allow or permit a child to operate or ride a bicycle or any side car, trailer, child carrier, seat or other device attached to a bicycle unless the child is wearing a helmet. (3) It is a defense to prosecution that the bicycle was not being operated upon a public way at the time of the alleged offense. (4) It is an affirmative defense to prosecution under this section, upon first offense only, that the person owns or has acquired a. helmet prior -to the court hearing and promises the court that the helmet will be used in the future (c) Sale or lease (1) It shall be unlawful for any dealer to sell a bicycle, bicycle side car, trailer or child carrier without providing a written statement to the purchaser advising of the terms of this section. The statement shall be in a form promulgated by the chief of police Upon request, the chief of police shall provide a sample of the required form to a dealer However, printing of distribution copies shall be at the dealer's expense. (2) It shall be unlawful for any dealer to rent a bicycle to any person without providing a helmet for the use of each child who will operate or ride upon the bicycle or determining that each child who will operate or ride upon the bicycle has a helmet available. (d) Penalfy (1) Any person who violates any provision of this section shall be guilty of a misdemeanor and upon conviction shall be fined an amount not exceeding fifty dollars ($50 00) upon first conviction and an amount not exceeding one hundred dollars ($100 00) upon the second and each subsequent conviction 2 ~: ~ . ~ ~.: ". f r. (2) The purpose of this section is to promote bicycle safety by encouraging the use of helmets. In keeping with that purpose, the municipal courts are urged to consider the following a. The courts may consider deferred dispositions under Article 45 54 of the Texas Code of Criminal Procedure whenever the circumstances warrant deferred dispositions. Conditions of the deferral may include that the defendant, if financially able, has obtained a helmet and has agreed to make a contribution in support of the bicycle helmet fund, b The courts may consider referrals to a teen court program under Article 45.55 of the Texas Code of Criminal Procedure whenever the circumstances warrant such referrals (e) Bicycle Helmet Fund (1) The bicycle helmet fund is hereby created The fund shall accept donations of helmets and money to be used for the purchase of helmets All monetary gifts to the fund shall be deposited in the city treasury (2) The fund shall be used exclusively for the purpose of providing bicycle helmets for the use of children who are members of "very low income families" as defined in Title 24 Code of Federal Regulations, Section 813 102, as computed for the city for purposes of Section 8 of the United States Housing Act of 1937 The director of the parks and community. services department shall administer the fund and shall promulgate rules and procedures for 'the distribution of helmets Helmets shall be provided on a first-come first-served basis to the extent of available supply SECTION 2. That Chapter 22 of the Code of the City of Fort Worth, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 3 That the terms and provisions of this ordinance are severable and are governed by Section 1-5 of Chapter 1 of the Code of the City of Fort Worth (1986), as amended SECTION 4 All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ordinances amended in Section 1 hereof, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts SECTION 5 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1 and 6 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Locat Government Code 3 iz ,r I~ h J . .. 'a. SECTION 6 That this ordinance shall take effect after its passage and publication as required by law, and it is accordingly so ordained APP OVED AS TO FORM AND LEGALITY .~ City At rney ,~ Date 1 ~ I ~ ~ 0 a, ADOPTED l O) ~I 0 ~ ~~ 1 ~5 b~ EFFECTIVE 4 City of Fort Worth, Texas Mayor and Council Communication DATE 10/8/02 REFERENCE NUMBER G-13762 LOG NAME 3561CYCLES PAGE 1 of 1 SUBJECT APPROVAL OF ORDINANCE TO AMEND CHAPTER 22 MOTOR VEHICLES AND PEDESTRIANS, ARTICLE VII "BICYCLES" OF THE CODE OF THE CITY OF FORT WORTH RECOMMENDATION It is recommended that the City Council adopt the attached ordinance that amends Chapter 22 Motor Vehicles and Pedestrians, Article VII "Bicycles" of the Code of the City of Fort Worth by repealing provisions relating to mandatory registration of bicycles. DISCUSSION An ordinance requiring the registration of bicycles in the City of Fort Worth was adopted in 1971 as a crime prevention program The purpose was to trace ownership of bicycles to facilitate recovery of stolen bicycles However, the Police Department has determined that the program is ineffective Currently, registration is processed at local fire stations fora $1 00 fee for initial registration and $0.25 for all ownership transfers The ordinance places the burden on bicycle vendors and repair shops to provide information about registration to citizens. On average, fewer than 100 bicycles have been registered during each of the last three years Only one bicycle has been recovered during the last three years as a result of this process. This system was developed prior to computerization of police records at the local, state, and national levels It is now possible to enter manufacturer serial numbers from the bike and bike components into the Texas Crime Information Center (TCIC) making it readily traceable by other police agencies The local number assigned by the City of Fort Worth. has no meaning to other police agencies, limiting the possibility of recovering stolen items. Of the 35 agencies in Tarrant County, only Saginaw and Westworth Village provide this service by ordinance In addition, Burleson, Hurst and Lake Worth register bicycles as a courtesy All others and the City of Dallas do not register bicycles and instead rely on TCIC for bicycles and other stolen and recovered property The Police Department will encourage the recording of serial and model numbers of bicycles as a more effective crime prevention program FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action has no material effect on City funds LW n Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Libby Watson 6183 Originating Department Head: Ralph Mendoza 48386 (from) APPROVED 10/08/02 ORD.# 15281 Additional Information Contact: Bryan Sudan 48241