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Ordinance No. 03-07 CITY OF TIGARD, OREGON ORDINANCE NO. 03- AX E AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AMENDING CHAPTER 10j-36 OF THE TIGARD MUNICIPAL CODE BY DELETING SECTIONS 10.36.020, 10.36.030, 10.35.040, 10.36.050, 10.36.060 AND 10.36.070. WHEREAS, local governments, including the City of Tigard, have historically required licensing of bicycles; and WHEREAS, with the proliferation of bicycles and the budget limitations of local governments, most J urisdictions stopped requiring licensing of bicycles; and WHEREAS, with most jurisdictions not requiring bicycle licensing, the general public is not aware that some cities,including Tigard, still have code provisions requiring bicycle licensing; and WHEREAS, Tigard Municipal Code Sections 10.36.020 through 10.36.070 still impose a bicycle licensing requirement, but no one has sought a bicycle license from the City in years and the City is not prepared to issue licenses; and WHEREAS, it is not in the public interest to continue to require bicycle licensing because the benefits of bicycle licensing are minimal, the cost of a licensing program would be high and the cost and effort of any enforcement effort would also be very high; and WHEREAS, having code provisions that are not enforced can contribute to an attitude by some citizens that the Code does not need to be complied with, NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 10.36 is hereby amended by deleting Sections 10.36.020, 10.36.030, 10.36.040, 10-36.050, 10.36.060 and 10.36.070. SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor, and posting by the City Recorder. PASSED: By UA&A(n,QU:5 vote of all Council members present after being read by number and title only,this 12-"-t day of Auatt 2003. Greer A. Gaston, Deputy City Recorder ORDINANCE No. 03- Page 1 APPROVED: By Tigard City Council this�day of ,20b3. *es E. Gri fith, yor Approved to form: City Atto Date ORDINANCE No. 03- Page 2 TIGARD MUNICIPAL CODE Chapter 10.36 BICYCLES. vehicular traffic. Sections: (4) "Park or parking" means the standing of a vehicle,whether occupied or not, except when a 10.36.010 Definitions. vehicle is temporarily standing for the purpose of 10.36.020 License—Required. and while actually engaged in loading or 10.36.030 License--Issuance. unloading. 10.36.040 License plate and registration card inspection. (5) "Parkway"means that portion of a street 10.36.050 Sales--Report required. not used as a roadway or as a sidewalk. 10.36.060 Sales--Transfer of registration. 10.36.070 License—Tag—When required. (6) "Person" means every natural person, 10.36.100 Riding—On certain sidewalks firm,partnership,association or corporation. prohibited. 10.36.120 Racing on public ways--Permit (7) 'Roadway" means that portion of a required. street or highway improved, designed or 10.36.130 Applicability of traffic laws. ordinarily used for vehicular travel. 10.36.140 Lighting requirements. 10.36.150 Brake requirements. (8) "Safety zone" means the area or space 10.36.160 Speed. officially set apart within a roadway for the 10.36.170 Rider—At least one hand on exclusive use of pedestrians and which is handlebars. protected or is so marked or indicated by adequate 10.36.180 Parking restrictions. signs as to be plainly visible at all times while set 10.36.190 Violation—Permitting or apart as a safety zone. authorizing prohibited. 10.36.200 Violation--Penalty. (9) "Sidewalk" means that portion of a street between the curblines, or the lateral lines of 10.36.010 Definitions. a roadway, and the adjacent property lines, intended for the use of pedestrians. (Ord. 67-72 The following words or phrases, except §1, 1967). where the context clearly indicates a different meaning,are defined as follows: 4$:36AUD— (1) "Alley" means a narrow street through the middle of a block. ride nr propel n hicycle on anv P (2) 'Bicycle" means every device propelled . , by human power upon which any person may 1967). ride, having two tandem wheels either of which is over 12 inches in diameter. 10.36^'- --Meenge 199unnee:- (3) "Highway, road and street" mean the The Gity polies depaFtment is authorizeda entire width between the boundary lines of every —cl:-mr-ted to ism—oigys'G hoonses. Pieyele way publicly maintained when any part thereof is lisenses shall be popmanent, and Shall open to the use of the public for purposes of valid d,, ing too time th@ pefsen W-he ^ pliss f- 10-36-1 Reformatted 1994 TIGARD MUNICIPAL CODE a the bi dealers, on request for. 9-11ch- MPOF49 SaFd WSPOStiGAr Tt shall ba tho duy of ever.,per-son m4ie shall, Sell or transf r ownership of any bicycle to report pr sue— ale of transfer- by w4iming to the olice deg;stmt;..n cards gall be ireycd gall t© dppartmnnt the reaictratinn card issued to c„ch appliemi4s who submit smisfitetery proof ef person as licensee and aavaring the bicycle ownership of the hieWje and demnnctrate s r pecsom to *Abbas3�cle was sold o; be e r-egist;atiom. And. lin sing and shall refi,cedays A@;the time AfRuch Sale Qrtrang&r Itsball All heense plates shall be skiitable fe; the transf4 r of r istration thereof ivithi„ f„e days after the timet Af- such sale ,r transf r lard 7_77 "d in Ruch manner as th lent shall A6 1967\ 'i� % Lieense Tag When requked� RA 1967), [env person firm nr cmpnratinn whn chall 1406:0W Sales--Report required. reRt, hireor- le. bin..nles hall first Qhtain a kGemsc tag o;tags to be used on such hicycle, and All per-sons, Ams gr Gwpomtwas engaging shall -in the business of buying so UnIpe- chapter. uiwd-te-report-te fide-pelie-a to hase, +h. Ramc �biey and address of the pefsen such license be issued firms € shin aAff ndband bin ale within the... be sold or trattsteffed e shall A t he held for it., Aer. pose ober 19,_1 0 7 red t.. they—putpese of -catiag hiring or lending the r , gi alieensed in the Section sided in fr , 1967 . such Yepoats shall be filmed in to flity lien dei..tmsat at lata the t..a.t.. 1 h. sae the prey^";be the lr.,, ad Amate-ats of the peFta 10-36-2 Reformatted 1994 TIGARD MUNICIPAL CODE 10.36.100 Riding--On certain sidewalks such bicycle. A red light visible from a distance prohibited. of five hundred feet to the rear may be used in addition to the rear reflector. (Ord. 67-72 §14, No person shall ride or operate any wheeled 1967). vehicle, excepting wheelchairs, on any sidewalk adjacent and parallel to S.W. Main Street; and 10.36.150 Brake requirements. provided further, that any person riding any wheeled vehicle, excepting wheelchairs, on any Every bicycle operated upon the city streets sidewalk in the city shall at all times yield the shall be equipped with brakes adequate to control right-of-way to pedestrians using such sidewalk. the movement of and to stop and to hold such (Ord. 78-3 §8(e), 1978; Ord. 74-50B §1, 1974: vehicle. (Ord. 67-72 §15, 1967). Ord. 67-72 §10, 1967). 10.36.160 Speed. 10.36.120 Racing on public ways—Permit required. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the No person shall engage in, or cause others to conditions then existing.(Ord. 67-72 §16, 1967). be engaged in, any bicycle racing upon the streets or other public places in the city, except under a 10.36.170 Rider—At least one hand on permit from and under the supervision of the city handlebars. police department.(Ord.67-72 §12, 1967). No person operating a bicycle shall carry any 10.36.130 Applicability of traffic laws. package,bundle or article which prevents the rider from keeping at least one hand upon the Every person riding or operating a bicycle on handlebars and in full control of such bicycle. a street or public path in the city shall be subject (Ord.67-72§17, 1967). to all the provisions of the laws of the state of Oregon applicable to such operation and shall also 10.36.180 Parking restrictions. be subject to all the provisions of this title and any other city ordinances applicable to such operation. From and after December 18, 1967, it is (Ord. 67-72§13, 1967). unlawful for any person to park or leave a bicycle upon the sidewalk within the city; except in areas 10.36.140 Lighting requirements. designated by ordinance, which areas shall be properly marked by signs or painting and Every bicycle operated within the city at any provided with racks for parking bicycles. (Ord. time from a half hour after sunset to a half hour 67-72§18, 1967). before sunrise, or at any other time that visibility is poor due to insufficient light or unfavorable 10.36.190 Violation—Permitting or atmospheric conditions, shall be equipped with a authorizing prohibited. lamp on the front exhibiting a white light visible from a distance of at least five hundred feet to the No parents of any minor child and no front of such bicycle, and a red reflector on the guardian of any minor ward shall authorize or rear of such size or characteristics and so mounted knowingly permit any such minor child or ward to as to be visible at night from all distances within violate any of the provisions of this chapter. (Ord. three hundred feet to fifty feet from the rear of 67-72§19, 1967). 10-36-3 Reformatted 1994 TIGARD MUNICIPAL CODE 10.36.200 Violation—Penalty. Any person who shall violate any of the provisions of this chapter, shall, upon conviction thereof, be punished by imprisonment in the city jail for not to exceed five days or by a fine not to exceed ten dollars, or both, or bicycles may be impounded for a period not to exceed fourteen days. (Ord.67-72 §20, 1967).8■ 10-36-4 Reformatted 1994