ARTICLE VII. - BICYCLES AND SIMILAR VEHICLES
Part of the Code of Ordinances of Central Falls, RI.
The text
Footnotes:
--- (6) --- State Law reference— Operation of bicycles, G.L. 1956, § 31-19-1 et seq.; municipal authority to regulate bicycles, G.L. 1956, § 31-12-12(a)(8).
Sec. 36-464. - Effect of article.#
(a)
It is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article.
(b)
The parent of any child and the guardian of any ward shall not authorize, or knowingly permit, any such child or ward to violate any of the provisions of this article.
(c)
The regulations in this article applicable to bicycles shall apply whenever a bicycle is operated upon any roadway, street or highway of the city, or upon any path set aside for the exclusive use of bicycles, subject to those exceptions stated in this article.
(Code 1973, § 16-11-1; Code 1994, § 38-341)
State Law reference— Similar provisions (as to subsections (a) and (b)), G.L. 1956, §§ 31-19-1, 31-19-2.
Sec. 36-465. - Traffic laws applicable to persons riding bicycles.#
Every person riding an electric personal assistive mobility device ("EPAMD"), riding an electric motorized bicycle, or propelling a vehicle by human power shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle, except as to special regulations in this chapter and except as to those provisions of which by their nature can have no application. This section shall not forbid a bicyclist, EPAMD or electric motorized bicycle from traveling upon the shoulders of the highway except for those highways which prohibit bicyclists; provided, that an EPAMD shall possess all the rights and obligations of a pedestrian, but shall not have the rights and responsibilities of the operator of a motor vehicle and that cities and towns may regulate the operation of an EPAMD.
(Code 1973, § 16-11-2; Code 1994, § 38-342)
State Law reference— Similar provisions, G.L. 1956, § 31-19-3.
Sec. 36-466. - Obedience to traffic control devices.#
(a)
Any person operating a bicycle shall have to obey the instructions of official traffic control signs, signals and other control devices applicable to vehicles and conveyances, unless otherwise directed by a police officer.
(b)
Whenever authorized signs are erected indicating that no right or left or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make such turn, in which event such person shall then obey the regulations applicable to pedestrians.
(Code 1973, § 16-11-3; Code 1994, § 38-343)
Sec. 36-467. - Riding on roadways, streets or highways.#
(a)
Every person operating a bicycle upon a roadway, street or highway in the city 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 except where official traffic control devices (signs or pavement markings) specifically direct bicyclists to do otherwise.
(b)
Persons riding a bicycle upon a roadway, street or highway in the city shall not ride more than two abreast except on bicycle trails or paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding two abreast shall not unduly impede traffic and, on a laned roadway, shall ride within a single lane.
(Code 1973, § 16-11-4; Code 1994, § 38-344)
State Law reference— Similar provisions, G.L. 1956, §§ 31-9-6, 31-9-7.
Sec. 36-468. - Motorized devices and recreational off-road vehicles.#
(a)
Definitions. The following words, terms and phrases, when used in this article, shall have the following meanings ascribed to them, except where the context clearly indicates a different meaning:
(1)
Operate. To control the operation of a snowmobile or recreational off-road vehicle.
(2)
Operator. A person who operates or is in actual control of a snowmobile or recreational off-road vehicle.
(3)
Recreational off-road vehicle. A motorized or electronic vehicle designed to travel over unimproved terrain including, but not limited to minibikes, dirt bikes, all-terrain vehicles, and any other three or four wheel vehicle regardless of type or design. This shall not be construed to include golf mobiles or golf carts, riding lawn mowers, or garden tractors, which are not registered as farm vehicles.
(4)
Register. The act of registering a snow mobile or recreational off-road vehicle, as defined in this section, in accordance with G.L. 1956, § 31-3-2.2.
(b)
Registration.
(1)
All recreational off-road vehicles must be registered with the Rhode Island Department of Environmental Management as provided by state statute.
(2)
No person shall place, store, or keep any recreational off-road vehicles, that are not registered in accordance with state law, upon public or private land, including any buildings thereon, zoned, or used for residential purposes.
(c)
Operations. It shall be unlawful for any person to operate a recreational off-road vehicle within the city limits of the City of Central Falls, except on private property totaling at least two and one-half acres in area and with the express permission to do so by the owner or occupant of said private property.
(d)
Enforcement.
(1)
The Central Falls Police Department shall have the authority to enforce the provisions of this article and to promulgate rules and regulations necessary to implement and enforce this article.
(2)
The police department shall have the authority to impound any recreational off-road vehicle found to be in violation of this ordinance. No impounded recreational off-road vehicle shall be released until final disposition of all criminal and/or civil charges relating to the operation or storage of any recreational off-road vehicle, nor until proof of ownership and proper registration according to state statute is verified and applicable towing and storage charges are paid. Additionally, the city solicitor shall have the authority to commence forfeiture proceedings, as authorized under the law.
(e)
Penalty.
(1)
The penalty for a violation of this article, shall be forfeiture of the recreational off-road vehicle; or if the defendant does not own the vehicle and the owner did not know and could not reasonably have known that the vehicle would be used in violation of this article and it is the first time that a recreational off-road vehicle belonging to the owner has been found to be in violation of this article, a civil penalty of $500.00 in addition to any and all other fines and/or penalties associated with the illegal operation of such vehicle shall be imposed upon the operator and/or owner. The police department shall be empowered to seize, and impound recreational vehicles in order to enforce this article.
(2)
Commencement of forfeiture proceeding and notice. The city solicitor shall bring an action for forfeiture by filing a complaint in the municipal court. The city solicitor shall give notice of the forfeiture proceeding by mailing a copy of the complaint and a notice for hearing to each person whose right, title, or interest is of record in the division of motor vehicles or any other department or agency of the state, or in any other state or federal agency or department in which the property is required to be registered. Such person or persons are hereinafter referred to as the "owner." The owner of the property shall, within 30 days after the mailing of the complaint and notice, file a verified answer to the complaint. The owner shall also appear at the hearing on the action for forfeiture. If the owner shall fail to appear at the forfeiture hearing, the court will enter an order of forfeiture by default. If the owner appears at the forfeiture hearing, the city solicitor shall show, by a preponderance of the evidence, that the property was used in violation of this article. If the city solicitor has not made the required showing, the court shall order the property released to the owner. If the court finds that the city solicitor has made the showing required, the owner may offer evidence that the owner was not using the property at the time of the violation that the owner did not know, or have reason to know, that the property was used or possessed, or was to be used or possessed, in any manner that violates this article. For the purposes of this article, an owner shall be deemed to have knowledge of the provisions of this article. If the owner rebuts the city solicitor's showing, by a preponderance of the evidence, then the complaint for forfeiture shall be denied and dismissed. The court will determine, based on the circumstances presented, whether the owner shall be responsible for any fines or costs. Where the city solicitor has made the required showing, and the owner has not rebutted that showing by a preponderance of the evidence, or where the court enters forfeiture by default, the court may order: that the property be destroyed by the agency which seized it or by some other municipal agency designated by the court, or that the property be delivered to and retained for use by the agency which seized it, or to some other municipal agency designated by the court, or that the property be sold at public auction by an agency designated by the court.
(Code 1994, § 38-354; Ord. of 8-31-2004(1); Ord. of 1-10-2022(1), § 1)
State Law reference— Similar provisions, G.L. 1956, § 31-19-5.
Sec. 36-469. - Riding on controlled-access highways.#
No person shall ride a bicycle on any roadway, or the areas adjacent to the roadways, of a controlled-access highway.
(Code 1973, § 16-11-5; Code 1994, § 38-345)
State Law reference— Authority to so provide, G.L. 1956, § 31-15-15.
Sec. 36-470. - Riding on sidewalks.#
(a)
No person shall ride a bicycle upon a sidewalk within a business district.
(b)
No person 15 or more years of age shall ride a bicycle upon any sidewalk in any district.
(Code 1973, § 16-11-10; Code 1994, § 38-350(a), (b))
Sec. 36-471. - Bicycles on sidewalks and crosswalks; rights and duties.#
A person propelling a vehicle by human power or operating an electric personal assistive mobility device ("EPAMD") upon and along a sidewalk, or across a roadway upon and along a crosswalk, shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian under the same circumstances; provided, however, that a person riding an EPAMD on a sidewalk or a bicycle path or trail shall yield the right-of-way to pedestrians or give an audible signal before overtaking any passing pedestrian. Pedestrians using an EPAMD shall exercise a high degree of care when passing a pedestrian using a wheelchair, walker or other mobility aid and only pass when the width of the sidewalk exceeds five feet.
(Code 1973, § 16-11-10; Code 1994, § 38-350(c))
State Law reference— Similar provisions, G.L. 1956, § 31-19-12.
Sec. 36-472. - Riding on bicycles.#
(a)
A person propelling a bicycle shall not ride upon or astride other than a permanent and regular seat attached to such bicycle.
(b)
No bicycle shall be used to carry more persons at one time than the number for which it is designed or equipped, except when transporting a child six years of age or younger in a rear-mounted bicycle carrier and/or trailer that meets mandatory and various industry standard specifications as developed by the American Society for Testing and Materials (ASTM).
(Code 1973, § 16-11-11; Code 1994, § 38-351)
State Law reference— Similar provisions, G.L. 1956, § 31-19-4.
Sec. 36-473. - Speed.#
No person shall operate a bicycle at a speed greater than reasonable and prudent under the conditions then existing.
(Code 1973, § 16-11-6; Code 1994, § 38-346)
Sec. 36-474. - Emerging from alley or driveway.#
The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway or driveway, yield the right-of-way to all pedestrians approaching on such sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.
(Code 1973, § 16-11-7; Code 1994, § 38-347)
Sec. 36-475. - Carrying articles.#
No person operating a bicycle shall carry any package, bundle or other 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.
(Code 1973, § 16-11-8; Code 1994, § 38-348)
State Law reference— Similar provisions, G.L. 1956, § 31-19-9.
Sec. 36-476. - Clinging to vehicles.#
(a)
No person riding upon a bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon any roadway.
(b)
This section shall not prohibit attaching a trailer or semitrailer to a bicycle if that trailer or semitrailer has been designed for this attachment.
(Code 1973, § 16-11-12; Code 1994, § 38-353)
State Law reference— Similar provisions, G.L. 1956, § 31-19-5.
Sec. 36-477. - Parking.#
No person shall park a bicycle upon a street, roadway or highway other than upon the roadway against the curb, or upon the sidewalk in a rack support for the bicycle, or against a building, in such a manner as to afford the least obstruction to pedestrian traffic.
(Code 1973, § 16-11-9; Code 1994, § 38-349)
Sec. 36-478. - Lamps and other equipment on bicycles.#
(a)
Front lamp. 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.
(b)
Rear reflector. Every bicycle shall be equipped with a red reflector of a type approved by the state division of motor vehicles which shall be visible for 600 feet to the rear when directly in front of lawful lower beams of head lamps 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.
(c)
Pedal reflectors. No person shall sell a new bicycle or a pedal for use on a bicycle that is not equipped with a reflector of a type approved by the state, on each pedal of the bicycle which is visible from the front and rear of the bicycle during darkness from a distance of 200 feet nor shall any person operate a bicycle without reflective pedals.
(d)
Sirens or whistles. A bicycle shall not be equipped with, nor shall any person use a bicycle equipped with, a siren or whistle.
(e)
Brakes. No person shall sell a bicycle, new or used, that is not equipped, and every bicycle, excluding bicycles that are especially designed and made for off-road use, shall be equipped with a brake which will enable the operator to stop the bicycle within 25 feet at a speed of ten miles per hour on dry, level, clean pavement.
(f)
Side reflectors. Every bicycle when in use at nighttime shall be equipped with a minimum of 20 square inches on each side of the bicycle of white reflective material on the wheels or tires to indicate as nearly as possible the continuous circular shape and size of the wheels or tires of each bicycle. All reflective materials used in compliance with this statute shall be visible during the hours of darkness from 500 feet when viewed under lawful low beam headlamps under normal atmospheric conditions on a straight, level, unlighted roadway, and shall meet the requirements as prescribed by the state division of motor vehicles.
(Code 1973, § 16-11-13; Code 1994, § 38-352)
State Law reference— Similar provisions, G.L. 1956, § 31-19-10.