Prepared by the City Attorney

WHEREAS, some of the current provisions of West Lafayette City Code chapter 46 concerning bicycles are obsolete or are matters governed by state law;

WHEREAS, the common council desires to update the provisions of the West Lafayette City Code concerning bicycles;

NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEST LAFAYETTE that:

SECTION 1. West Lafayette City Code section 46.01 is amended to read as follows:

(a) It is an infraction for any person to do any act forbidden or fail to perform any act required in this chapter.

SECTION 2. West Lafayette City Code section 46.02 is amended to read as follows:

No person, who resides within the city, shall ride or propel a bicycle on any street or upon any public path set aside for the exclusive use of bicycles, unless such bicycle has been licensed and a license number is attached thereto as provided herein. In order to deter theft and aid in recovery of stolen bicycles, the City of West Lafayette will issue bicycle licenses to be affixed to bicycles upon the terms and conditions set forth in this chapter.

SECTION 3. West Lafayette City Code section 46.03 is amended to read as follows:

Application for a bicycle license and license number shall be made upon a form provided by the city and shall be made to the chief of police department. A permanent license fee of one dollar shall be paid to the city before such license is granted.

SECTION 4. West Lafayette City Code section 46.04 is amended to read as follows:

(a) The chief of police department, upon receiving proper application therefor, is authorized to issue a bicycle license which shall be a permanent license.

(b) The chief of police department shall not issue a license for any bicycle when the chief knows or has reasonable grounds to believe if it determines that the applicant is not the owner of or entitled to the possession of such bicycle.

(c) The chief of police department shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued and the number on the frame of the bicycle for which issued, and a record of all bicycle license fees collected.

SECTION 5. West Lafayette City Code section 46.05 is amended to read as follows:

If a license or license number is lost or destroyed, another number may be issued upon proper application and payment of an additional fee of fifty cents.

SECTION 6. West Lafayette City Code section 46.06 is amended to read as follows:

(a) The chief of police department upon issuing a bicycle license shall also issue a license number sticker bearing the license number assigned to the bicycle, and the name of the city.

(b) The chief of police department shall cause such license number to be firmly attached to the rear of the frame of the bicycle for which issued in such position as to be plainly visible from the rear.

(c) No person shall remove a license number from a bicycle during the period for which issued except upon a transfer of ownership or in the event the bicycle is dismantled and no longer operated on any street within the city.

SECTION 7. West Lafayette City Code section 46.07 is amended to read as follows:

The chief of police department, or an officer assigned such responsibility, shall inspect each bicycle before licensing the same and shall refuse a license for any bicycle determined to be in unsafe mechanical condition. This requirement shall not apply to licenses issued under section 46.04(d).

Upon the sale or other transfer of a licensed bicycle the licensee shall remove the license number from the bicycle. The new owner shall then apply for a license number to be registered in the owner's name.

SECTION 8. West Lafayette City Code sections 46.09 through 46.17 are repealed.

SECTION 9. West Lafayette City Code section 46.18 is renumbered and amended to read as follows:

No person shall park a bicycle upon a street other than upon the roadway against the curb or on the sidewalk in a rack to support the bicycle or against a building or at the curb, in such manner as to afford the least obstruction to pedestrian traffic.

SECTION 10. West Lafayette City Code section 46.19 is renumbered and amended to read as follows:

(a) No person shall ride a bicycle upon a sidewalk within a business district.

(b) No person sixteen 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.

SECTION 11. West Lafayette City Code section 46.20 is repealed.

Section 12. West Lafayette City Code is amended by adding a new section 46.11 to read as follows:

Section 13. This ordinance shall be in full force and effect from and after its passage and signing by the Mayor and publication as provided by law. The previous chapter 46 shall govern any violations occurring before the effective date of this ordinance.

Office of the Clerk-TreasurerJudy Rhodes