ARTICLE I. IN GENERAL
6-1 Definitions.
Bicycle: Any pedal-driven device propelled entirely by human power and having two (2) or more wheels.
Electric bicycle: A bicycle equipped with fully operable pedals, two (2) wheels, a saddle or seat for the rider, and an electric motor of less than seven hundred fifty (750) watts that meets the requirements of one (1) of the following three (3) classes:
(1) Class 1 electric bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of twenty (20) miles per hour.
(2) Class 2 electric bicycle: An electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches the speed of twenty (20) miles per hour.
(3) Class 3 electric bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of twenty-eight (28) miles per hour.
An electric bicycle is not a motor vehicle and shall obey all traffic regulations applicable to bicycles, except as otherwise provided by law, including any provision of this Code.
Electric personal assistive mobility devices (EPAMD): A self-balancing, two (2) nontandem-wheeled device, designed to transport only one (1) person, with an electric propulsion system with average power of seven hundred fifty (750) watts (one (1) h.p.):
(1) With front, rear, and side reflectors;
(2) With a system that will enable the operator to bring the device to a controlled stop; and
(3) If the device is operated between one-half hour after sunset and one-half hour before sunrise, with a lamp emitting a white light that, while the device is in motion, shall illuminate the area in front of the operator.
Rights and duties of operator. The operator of an EPAMD shall have the rights and duties of pedestrians.
Motor-assisted bicycle: Any bicycle or tricycle with fully operable pedals and equipped with a motor that in itself is capable of producing a top speed of not more than twenty (20) miles per hour on a paved, level surface when ridden by an operator who weighs one hundred seventy (170) pounds and either:
(1) Has an internal combustion motor with a power output of not more than one thousand (1,000) watts or 1.3 horsepower; or
(2) Has an electric motor with a power output of not more than one thousand (1,000) watts and does not meet the requirements of one (1) of the three (3) classes in definition of Electric bicycle.
A motor-assisted bicycle is not a motor vehicle and shall obey all traffic regulations applicable to bicycles, except as otherwise provided by law, including any provision of this Code. A person under sixteen (16) years of age shall not operate a motor-assisted bicycle on a highway in Burlington.
Motor-assisted micromobility device: Any motor-assisted, wheeled device for personal single-occupancy transportation that does not have a seat, is designed to be stood upon when riding, and has an electric propulsion system averaging less than one thousand (1,000) watts, the maximum speed of which, when powered solely by a propulsion system on a paved, level surface, is no more than twenty-five (25) miles per hour. The device may be designed to also be powered by human propulsion. A motor-assisted micromobility device is not a motor vehicle and shall obey all traffic regulations applicable to bicycles, except as otherwise provided by law, including a provision of this Code.
(Rev. Ords. 1962, § 5003; Ord. of 9-13-10; Reg. of 2-17-21(a), eff. 6-16-21; Ord. of 6-15-26)
Cross reference—Motor vehicles and traffic, § 20-1.
6-2 Parental responsibility.
The parents or guardian of a child under sixteen (16) years of age shall not permit any such child or ward to violate any of the provisions of this chapter.
(Rev. Ords. 1962, § 5005)
6-3 Riding on sidewalks, bicycle and pedestrian pathways and in parks.
(a) Allowances and restrictions on methods of transportation on public routes are as follows:
Church Street Marketplace District: Bicycles, electric bicycles, motor-assisted micromobility devices, and motor-assisted bicycles are allowed within the Church Street Marketplace District, only within the vehicle travel portions of Bank, Cherry and College Streets, and the bike lane on Main Street.
Sidewalks within the City Center (bounded by the streets of Pearl Street, South Winooski Avenue, Maple Street, and Battery Street) except Church Street Marketplace District: Motor-assisted bikes, and motor-assisted micromobility devices are not allowed. Bicycles and micromobility devices are allowed for operators of these devices age sixteen (16) and younger, who may use these spaces as dedicated bike facilities within the City Center.
Notwithstanding anything to the contrary in this subsection, bicycles, electric bicycles, motor-assisted bicycles, micromobility devices, and motor-assisted micromobility devices are allowed upon bike paths, bike lanes, bicycle and pedestrian pathways, multi-use paths, shared-use paths, and in crosswalks. Where a designated bicycle, micromobility, or multi-use facility is provided on or adjacent to a sidewalk, users of any age may operate their device within that designated facility.
(b) It shall be unlawful and shall be a trespass:
(1) For any person over the age of sixteen (16) years to operate a bicycle upon any sidewalk of the city within the City Center; provided, that any person age sixteen (16) or under may use these devices upon sidewalks in the City Center, as indicated in the previous subsection.
(2) For any person of any age to operate a bicycle within any public parking facility in the City Center (bounded by the streets of Pearl Street, South Winooski Avenue, Maple Street, and Battery Street), or within City Hall Park;
(3) For any person of any age to operate a bicycle upon the streets within the Church Street Marketplace District as defined in section 321 of the Burlington City Charter, excepting:
a. The traveled portions where vehicular traffic is regularly permitted on College, Bank and Cherry Streets;
b. As permitted by the Church Street Marketplace Commission.
(c) Persons riding a bicycle upon a sidewalk or bicycle and pedestrian pathway shall yield the right-of-way to any pedestrian.
(d) Persons riding a bicycle upon a sidewalk or bicycle and pedestrian pathway shall give audible signal before overtaking and passing a pedestrian or another bicycle.
(e) Persons operating a bicycle on a sidewalk, in areas where such operation is not otherwise prohibited by this chapter, shall exercise due care, which includes operating the bicycle at a speed reasonable for the existing conditions.
(f) Persons operating a bicycle on a sidewalk, in areas where such operation is not otherwise prohibited by this chapter, shall come to a complete stop prior to crossing all street crossings.
(g) No person shall operate a motor-assisted bicycle, motor-driven cycle as defined in 23 V.S.A § 4(45)(A), motor-assisted micromobility device, pedi-cab or pedi-bus upon any sidewalk.
(h) Persons riding a bicycle, electric bicycle, micromobility device, motor-assisted bicycle, or motor-assisted micromobility device, pedi-cab or pedi-bus on a bicycle and pedestrian pathway shall yield the right-of-way to any pedestrian.
(Rev. Ords. 1962, § 5003; Ord. of 7-27-70; Ord. of 6-14-82; Ord. of 6-24-91; Ord. of 9-13-10; Reg. of 2-17-21(a), eff. 6-16-21; Ord. of 6-15-26)
Cross reference—Unnecessary interference with the use of sidewalks, § 27-4; vehicles on sidewalks restricted, § 27-17.
6-4 Riding on bicycles.
(a) No person propelling a bicycle may ride other than upon or astride a permanent and regular seat attached thereto.
(b) No person may use a bicycle to carry more persons at any one time than the number for which it is designed and equipped.
(Rev. Ords. 1962, § 5003; Ord. of 9-13-10)
6-5 Clinging to moving vehicles.
No person, while riding or operating a bicycle on any street or alley in the city, shall attach his bicycle or himself to any other moving vehicle; nor shall the operator of any other vehicle permit any person riding a bicycle to attach to his moving vehicle.
(Rev. Ords. 1962, § 5003)
Cross reference—Attaching sleigh, wagon or coaster to moving vehicle prohibited, § 20-7.
6-6 Unauthorized operation of another’s bicycle prohibited.
No person shall operate a bicycle belonging to another without the consent of the owner.
(Rev. Ords. 1962, § 5003)
6-7 Riding abreast.
No person shall ride or propel a bicycle in traffic abreast of any other person riding a bicycle, except for the purpose of passing.
(Rev. Ords. 1962, § 5003)
6-8 Signals required for turns and stops.
It shall be unlawful to turn a bicycle to the right or left upon a highway, or to stop a bicycle upon a highway without first signaling as required by state law.
(Rev. Ords. 1962, § 5003; Ord. of 9-13-10)
Cross reference—Signal to be given when turning vehicle, § 20-38.
6-9 Bicycles to be in good mechanical condition.
No bicycle shall be operated unless it is in good mechanical condition.
(Rev. Ords. 1962, § 5001; Ord. of 9-13-10)
6-10 Brakes required.
No bicycle shall be operated unless it is equipped with an adequate braking device.
(Rev. Ords. 1962, § 5001; Ord. of 5-11-92; Ord. of 9-13-10)
State law reference—Warning device required, 23 V.S.A. § 1321.
6-11 Lights required.
It shall be unlawful for any person to operate a bicycle on any way within the limits of the city during the period from one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise unless said bicycle or bicyclist shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred (500) feet to the front, with a lamp on the rear of the bicycle or bicyclist which emits a flashing or steady red light visible at least three hundred (300) feet to the rear, and with a red reflector on the rear.
(Rev. Ords. 1962, § 5003; Ord. of 9-13-10)
State law reference—Lights required, 23 V.S.A. § 1322.
6-12 Reserved.
Editor’s note—Section 6-12, establishing bicycle patrols, and derived from Rev. Ords. 1962, § 5004, was deleted by an ordinance of May 11, 1992.
6-13 Authority to make additional rules.
The chief of police or his or her designee may make such temporary rules and regulations in regard to bicycles as he or she may deem necessary for the safety of the public. Such temporary rules and regulations shall not last longer than sixty (60) days in duration.
(Rev. Ords. 1962, § 5004; Ord. of 9-13-10)
6-14 Abandoned bicycles.
(a) No bicycle shall be left within a city right of way, or on city property for more than fourteen (14) consecutive days, regardless of whether the bicycle is locked or otherwise secured. This provision shall not apply to long term bicycle parking so designated by the department of public works.
(b) The chief of police or his or her designee may remove from city rights of way or city property any bicycle which is in violation of this section.
(Ord. of 9-13-10)
Editor’s note—An ordinance adopted Sept. 13, 2010, renumbered the former § 6-14 as § 6-17 and enacted a new § 6-14 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.
6-15 Dissemination of information.
Every person engaged in the business of renting bicycles for use in the city shall inform each person who rents a bicycle of the city ordinances and state laws governing the operation of bicycles.
(Ord. of 9-13-10; Ord. of 6-15-26)
6-16 Securing bicycles.
It shall be unlawful for any person to lock or otherwise secure a bicycle to a tree or other natural plant or vegetation located within a city right of way or on city property. Bicycles found in violation of this section shall be immediately impounded and disposed of pursuant to section 6-17(c).
(Ord. of 9-13-10)
6-17 Enforcement.
(a) First offense. Any person violating any provision of this chapter shall be subject to a civil penalty pursuant to section 27-21
(b) Subsequent offenses. In addition to any civil penalties provided for in section 27-21, a law enforcement officer apprehending a person for a second or subsequent violation of this section during any twelve-month period may impound the bicycle.
(c) Disposition of abandoned, unclaimed or impounded bicycles. The chief of police or his or her designee shall notify the owner of the reasons for its impoundment, and what actions are necessary for the owner to regain possession, within a reasonable amount of time following the impoundment; provided, that this notification shall not be necessary if the owner was present at the time of impounding, and was informed of the actions necessary to regain possession. Thereafter, bicycles impounded pursuant to this chapter shall remain in the custody of the police department for a minimum of thirty (30) days from the date that judgment is entered for the violation which resulted in the impoundment. Bicycles not claimed within thirty (30) days shall be considered unclaimed property and may be disposed of pursuant to section 21-2. A bicycle shall only be disposed of if the chief of police or his or her designee has made reasonable efforts to notify the owner, pursuant to this subsection.
(Ord. of 9-13-10)
Note—See the editor’s note to § 6-14
6-18 Reckless operation.
A person may not operate a bicycle, electric bicycle, motor-assisted micromobility device, or motor-driven cycle, upon any roadway, bicycle lane, bicycle path, bicycle and pedestrian pathway, or sidewalk (if applicable) under the control of the City of Burlington in a careless, reckless, or negligent manner so as to endanger the life and safety of any person, or the property of any other person.
(Ord. of 6-15-26)