Visalia Municipal Code Ch. 10.40 Bicycles

As used in this chapter, the following terms are defined in this section:

“Bicycle” for the purposes of this chapter means any device upon which an individual may ride, which is propelled by human power through a system of belts, chains, or gears and which has wheels at least twenty (20) inches in diameter and a frame size of at least fourteen (14) inches.

“Bicycle lane” means that portion of a roadway set aside for the use of bicycles and so designated.

“Bicycle path” shall be contrived as a pathway for bicycles and pedestrians paralleling a roadway.

Curb, Right-Hand Side of the Road or Shoulder of the Roadway. If a bicycle is separated from the traffic lane by a parking lane, then the edge of the bicycle lane nearest the center of the roadway shall be deemed the equivalent of the “curb” or the “right-hand side of the roadway” or the “shoulder of the roadway” or any word or phrase in this code, or in the state law, which word or phrase references the extreme right-hand side of the roadway be created for purposes of compliance with local and state laws which reference the right-hand side of the roadway for parking, emergency parking, driving, and all other purposes. (Ord. 9517 § 1 (part), 1995: prior code §§ 3376, 3385, 6450)

Every person riding a bicycle upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of this State, declaring rules of the road applicable to vehicles or by the ordinances of this city applicable to the driver of a vehicle, except as those provisions of laws and ordinances which by their nature can have no application, and except as otherwise provided in this chapter. (Prior code § 3375)

Any person operating a bicycle shall obey the instructions of official traffic control signs, and other control devices applicable to vehicles and bicycles, unless otherwise directed by a police officer. (Prior code § 3377)

A. Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

B. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for exclusive use of bicycles. (Prior code § 3378)

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, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering a bicycle lane, shall yield the right-of-way to all bicycles approaching on said roadway. (Prior code § 3379)

No person shall ride or operate a bicycle upon a roadway adjacent to which or upon which bicycle lanes have been designated, except within such bicycle lane or except as otherwise permitted by the provisions of this chapter. (Prior code § 3380)

No person shall ride or operate a bicycle within a bicycle lane in any direction except that permitted of vehicular traffic traveling on the same side of the roadway; provided, that bicycles may proceed either way along a lane where arrows appear on the surface of the lane designating two-way traffic. (Prior code § 3381)

Once having entered a bicycle lane, no person riding or operating a bicycle shall leave such lane except at intersections; provided, however, that such person may leave a bicycle lane upon dismounting from a bicycle, walking the same, and being subject then to all laws applicable to pedestrians. Provided, further, that such person may leave the bicycle lane between intersections in order to make a U-turn, where such a turn is permissible for vehicular traffic or to turn into driveways on the right or left-hand sides of the bicycle lane. Upon leaving a bicycle lane the rider or operator of such bicycle shall yield the right-of-way to all vehicles and shall not leave the bicycle lane until it is safe to do so. (Prior code § 3382)

Bicycles may be walked subject to all provisions of law applicable to pedestrians. (Prior code § 3383)

No person shall drive a vehicle upon or across a bicycle lane except to enter a driveway and except to park such vehicle or leave a parking space. No person shall drive upon or across a bicycle lane as permitted by this section except after giving the right-of-way to all bicycles within the lane. (Prior code § 3384)

The city traffic engineer, upon approval of the city council, is authorized to erect or place signs upon any street or adjacent to any street in the city indicating the existence of a bicycle lane and otherwise regulating the operating and use of vehicles and bicycles with respect thereto, so long as the same are consistent with this chapter. Before such a sign is erected, the subject bicycle lane shall be designated on such street by a raised curb, appropriate painting, or in such other manner as the city traffic engineer, upon approval of the city council, shall determine will provide sufficient notice of existence of such bicycle lane. When such signs are in place, no person shall disobey the same. (Prior code § 3386)

It is unlawful for any individual to operate or use a bicycle upon any street, alley, public highway or other public property within the city unless such bicycle is licensed in accordance with this chapter and Division 16.7 of the state Vehicle Code. (Ord. 9517 § 1 (part), 1995: prior code § 6451)

The city shall provide license indicia as required by Division 16.7 of the state Vehicle Code, and it shall be the duty of the fire department to attach the required license indicia to the frame of each bicycle and to issue a corresponding registration card for the licensee. Provided, however, that the fire department may, with the approval of the city manager, allow any business engaged in buying or selling bicycles to license bicycles from their place of business in accordance with this chapter. Such license indicia shall remain attached during the operative period of such bicycle license. The police department shall receive a copy of the record as to date of issue of each license, the number of the license, the serial number, the make, type and model of the bicycle, the name and address of the licensee, and any department during the period of validity of the license or upon notification that the bicycle no longer is to be operated. (Ord. 9517 § 1 (part), 1995: prior code § 6452)

The license shall be good for terms prescribed by Division 16.7 of the state Vehicle Code. (Ord. 9517 § 1 (part), 1995: prior code § 6453)

A. Whenever the owner of a bicycle licensed pursuant to this chapter sells or otherwise disposes of a bicycle, he/she shall, within ten days, notify the police department of such disposition.

B. Any individual who purchases or otherwise acquires possession of a bicycle licensed pursuant to this chapter shall, within ten days of taking possession, apply for the transfer of license to his/her name with police department.

C. Whenever the owner of a bicycle licensed pursuant to this chapter changes his/her address, he/she shall, within ten days, notify the police department of the old and new address. (Ord. 9517 § 1 (part), 1995: prior code § 6454)

All entities engaged in the business of buying second-hand bicycles are required to make daily reports to the police department giving the name and address of the individual from whom each bicycle is purchased, the number of the license (if any), the serial number, the make, type and mode of the bicycle. All entities engaged in the business of selling new or second-hand bicycles are required to make a daily report to the police department giving a list of the individual to whom sold, the serial number, the make, type and model of the bicycle sold together with the license indicia attached thereto, if any. (Ord. 9517 § 1 (part), 1995: prior code § 6455)

It is unlawful to willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this chapter. It is also unlawful for any individual to remove, destroy, mutilate or alter any license indicia, or registration card during the time in which such license or registration card is operative; provided, however, that nothing in this chapter shall prohibit the fire department from stamping numbers on the frames of bicycles on which no serial number can be found, or on which said number is illegible or insufficient for identification purposes. (Ord. 9517 § 1 (part), 1995: prior code § 6456)

The license fee to be paid for each bicycle licensed pursuant to this chapter shall be one dollar ($1.00) per term and shall be payable in advance. Pursuant to Section 10.40.150(B), such license may be transferred when the ownership of said bicycle is transferred; there shall be no additional charge for transfer. All fees collected under this chapter shall be paid into the general fund of the city. (Ord. 9517 § 1 (part), 1995: prior code § 6457)

No fine imposed for any violation of this chapter shall exceed the maximum allowed under Division 16.7 of the state Vehicle Code. (Ord. 9517 § 1 (part), 1995: prior code § 6458)