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ORDINANCE NUMBER AN ORDINANCE OF THE MISSOULA CITY COUNCIL AMENDING MISSOULA MUNICIPAL CODE TITLE 10, ENTITLED VEHICLES AND TRAFFIC, CHAPTER 42 ENTITLED BICYCLES, SECTIONS 10.42.010 THROUGH 10.42.150. BE IT ORDAINED BY THE MISSOULA CITY COUNCIL THAT TITLE 10, CHAPTER 42, SECTIONS 10.42.010 THROUGH 10.42.150 BE AMENDED AS FOLLOWS: 10.42.010 Applicability--Unlawful acts A. It shall be a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. 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 chapter. C. These regulations applicable to bicycles shall apply whenever a bicycle is-operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated in this chapter. (Prior code §20-154). 10.42.020 Applicability of traffic laws to bicycles. Every person riding a bicycle upon a roadway 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 traffic ordinances of the city applicable to the driver of a vehicle, except as to special regulations in this chapter and except as to those provisions of laws and any ordinances which by their nature can have no application. (Prior code §20-155). 10.42.030 Obedience to traffic-control devices--Method of giving turn signals. A. Any person operating a bicycle shall obey the instructions of official traffic-control signals, signs and other control devices applicable to vehicles, unless otherwise directed by a police officer. approaching a stop sign shall slow down and, if required for safety, stop before entering the intersection. After slowing to a reasonable speed or stopping, the person shall yield the right-of-way to any vehicle in the intersection or approaching another highway close enough to constitute an immediate hazard. After slowing to a reasonable speed and yielding the right-of-way, a person operating a bicycle may proceed through the intersection without stopping. approaching a steady red traffic-control signal shall come to a complete stop before entering the intersection, except that a person after slowing to a reasonable speed and yielding the right-of-way if required, may cautiously make a right-hand turn without stopping or may cautiously make a left-hand turn onto a one-way highway without stopping. A.B. 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 any such turn, in which event such person shall then obey the regulations applicable to pedestrians. C. A signal to turn right or left when required, shall be given continuously during no less than the last one hundred feet traveled by the bicycle before turning, and shall be given while the bicycle is stopped waiting to turn, except that a signal by hand and arm need not be given continuously if the hand is needed in control or operation of the bicycle. (Ord. 1902, 1978; prior code §20-156). 10.42.040 Registration. ---PAGE BREAK--- A. The city treasurer, as a service to the public, will register bicycles for a period of three years. There shall be no charge for such registration. B. The city treasurer shall keep a record of such registration, the date issued, the name and address of the person to whom the bicycle is registered, and the serial number on the frame of the bicycle which is registered. (Ord. 1909, 1978; prior code §20-168). 10.42.050 Brake requirement. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. (Prior code §20-166). 10.42.060 Lamps, reflectors, and bicycle leg lights. A. 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 five hundred feet to the front and with a red reflector on the rear of a type which shall be visible from all distances from fifty to three hundred feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. B. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. C. The requirements of this section can be satisfied by the use of lights attached to the leg of the bicycle rider. Such lights shall be visible from both front and rear and have the same lighting capacity as the above-described lamps and reflectors. (Ord. 2040, 1979; prior code §20-165). 10.42.070 Manner of riding. A. A person propelling a bicycle shall not ride other than 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 and equipped, except that a child may be carried in a pack worn by the bicycle operator. (Ord. 1903, 1978; prior code §20-157). 10.42.080 Riding on roadways and bicycle paths. A. Every person operating a bicycle upon a roadway shall ride as near the right hand side of the road as practicable. In the following situations to so ride shall be deemed not practicable: 1. When moving the same speed as traffic. 2. When preparing for a left turn at an intersection or into a private road or driveway. 3. When reasonably necessary to avoid conditions (including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or narrow width lanes) that make it unsafe to continue along the right hand curb or edge. 4. When approaching a location where there is reasonable probability that a motor vehicle may turn right, crossing the bicycle's path. B. Every person operating a bicycle upon a roadway or highway which carries traffic in one direction only and has two or more marked lanes, may ride as near the left hand curb or edge of such roadway as practicable. (Ord. 1904, 1978; prior code §20-158). 10.42.090 Riding on sidewalks. ---PAGE BREAK--- A. No person shall ride a bicycle upon a sidewalk within a business district. B. No person fifteen or more years of age shall ride a bicycle upon any sidewalk in any district. C. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. (Prior code §20-164). 10.42.100 Speed. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Prior code §20-159). 10.42.110 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, yield the right of way to all pedestrians approaching on the sidewalk or sidewalk area, and upon entering the roadway shall yield the right of way to all vehicles approaching on the roadway. (Prior code §20-160). 10.42.120 Carrying articles. No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars. (Prior code §20-162). 10.42.130 Clinging to vehicles. No person riding upon any bicycle shall attach the bicycle or himself to any vehicle upon a roadway. (Prior code §20-161). 10.42.140 Parking. No person shall park a bicycle upon a street, other than upon the roadway against the curb, or upon the sidewalk in a rack to support the bicycle, or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic. (Prior code §20-163). 10.42.150 Rental agencies. A rental agency shall not rent or offer any bicycle for rent unless the bicycle is licensed and a license plate is attached thereto as provided by this chapter, and such bicycle is equipped with the lamps and other equipment required in this chapter. (Prior code §20-172) . Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section subsection, sentence, clause, phrase, and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a vote and APPROVED on this of 2009. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor (SEAL)