Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Repealing Chapter 6, Bicycles, Article 1, In General, Sec. 6-5, and Article II, Equipment and Operating Rules, Sec. 6-17, Sec. 6-20 through Sec. 6-22, and Sec. 6-28 and Amending Chapter 6, Bicycles, Article I, In General, Sec. 6-1, and Sec. 6-4, and Article II, Equipment and Operating Rules, Sec. 6-23 and Sec. 6-29 to make the City Code Consistent With State Laws and to implement recommendations of the Hampton Bicycle and Pedestrian Advisory Committee
Purpose
Background Statement:
Chapter 6, Bicycles of the City Code of the City of Hampton, Virginia is being revised to be consistent with Virginia state law. A clear reference to the Code of Virginia has been added and City Code sections in conflict with or duplicative of state law have been removed. In addition recommendations of the Bicycle and Pedestrian Advisory Committee have been implemented through this prososed ordinance amendment.
This is an implementation item of Bike Walk Hampton: A Strategic Bicycle & Pedestrian Plan, which was adopted by Hampton City Council on December 14, 2016. This ordinance amendment has received input and review from the Hampton Bicycle and Pedestrian Advisory Committee and the Hampton Police Department.
Recommendations:
Rec
Staff Recommendation:
Approve proposed ordinance amendment to Chapter 6, Bicycles.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Chapter 6 of the City Code of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 24. BICYCLES
ARTICLE I. IN GENERAL
Sec. 6-1. - Definitions.
As used in this chapter, the word "bicycle" means a device propelled solely by human power, upon which a person may ride either on or astride a regular seat attached thereto, having two (2) or more wheels in tandem, including children's bicycles, except a toy vehicle intended for use by young children.
As used in this chapter, the word “electric power-assisted bicycle” means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than 1,000 watts that reduces the pedal effort required of the rider.
State Law reference- Similar definition, Code of Virginia, § 46.2-100.
. . .
Sec. 6-4. - Adoption of State Law Report of sale generally.
Pursuant to the authority of § 46.2-1313 of the Code of Virginia, all of the provisions and requirements of the laws of the state contained in Title 46.2 of the Code of Virginia which pertain to use, operation, ownership or storage of bicycles, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which, by their very nature, cannot have application to or within the city, are hereby adopted and incorporated in this chapter by reference and made applicable within the city. Reference to “highways of the state” contained in such provisions and requirements hereby adopted shall be deemed to to refer to streets, highways and other public ways within the city. Such provisions and requirements are hereby adopted and made part of this chapter as if fully set forth herein, and it shall be unlawful for any person within the city to violate or fail, neglect or refuse to comply with any provision of Title 46.2 of the Code of Virginia, which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provisions or requirement hereby adopted exceed the penalty imposed for a similar offense under Title 46.2 of the Code of Virginia.
Sec. 6-5. - Reserved.
ARTICLE II. EQUIPMENT AND OPERATING RULES
. . .
Sec. 6-17. - Reserved.
. . .
Sec. 6-20. - 6-22 - Reserved.
Sec. 6-23. - Applicability of traffic regulations to riders.
(a) Every person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or an animal or driving an animal on a street or highway shall be subject to the provisions of Code of Virginia, § 46.2-800 et seq. or Chapter 21 of this Code and shall have all of the rights and duties applicable to the driver of a vehicle, unless the context of the provision clearly indicates otherwise.
(b) The provisions of subsections A and C of Virginia Code, § 46.2-920, applicable to operation of emergency vehicles under emergency conditions, shall also apply, mutatis mutandis, to bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, and mopeds operated under similar emergency conditions by law-enforcement officers.
(c) Every person riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or an animal on a street or highway shall ride in the same direction as all other traffic.
State Law reference- Similar provisions, Code of Virginia, § 46.2-800.
. . .
Sec. 6-28. - Reserved.
Sec. 6-29. - Riding on sidewalks within public rights-of-way.
(a) Whenever any person shall ride a bicycle on the sidewalk within public rights-of-way, whether paved or unpaved, such person shall yield the right-of-way to any pedestrian, shall give an audible signal before overtaking and passing any pedestrian, and shall ride in single file. Permissive use of a sidewalk within public rights-of-way does not apply where there is a usable bike path.
(b) No person except a police officer while on patrol shall ride a bicycle upon any sidewalk within public rights-of-way, whether paved or unpaved, in (i) any area where the main entrance/exit to a building directly opens onto a sidewalk within public rights-of-way (e.g., certain areas of Phoebus and Downtown), or (ii) any area actively being used for a special public event (e.g., Bay Days), or (iii) any area where "no bike riding" signage is conspicuously posted.
(c) A violation of any provision of this section shall be punishable by a civil penalty of not more than fifty dollars ($50.00).
State Law reference- Authority to prohibit riding bicycles on sidewalks, Code of Virginia, § 46.2-904