ARTICLE I. IN GENERAL
6-1 Definitions.
Bicycle: Any pedal-driven device propelled entirely by human power and having two (2) or more wheels.
Motor-assisted bicycle: Any bicycle with fully operable pedals and equipped with a motor that in itself is capable of producing a speed of no more than thirty (30) miles per hour on a paved level surface. A motor-assisted bicycle is not a motor vehicle or micromobility device and shall obey all traffic regulations applicable to bicycles, except as otherwise provided by law or other ordinances.
Motor-assisted micromobility device: Any motor-assisted device for personal transportation. This includes any device with no more than three (3) wheels and a motor that in itself is capable of producing a speed of no more than twenty-five (25) miles per hour on a paved level surface. Motor-assisted micromobility devices are not motor vehicles and shall obey all traffic regulations applicable to motor-assisted bicycles, except as otherwise provided by law or other ordinances.
(Rev. Ords. 1962, § 5003; Ord. of 9-13-10; Reg. of 2-17-21(a), eff. 6-16-21)
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) 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 inner fire district;
(2) For any person of any age to operate a bicycle upon any sidewalk or within any public parking facility in the City Center (bounded by the centerlines of Pearl Street, South Winooski Avenue, Main Street, and St. Paul Street), 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.
(b) Persons riding a bicycle upon a sidewalk or bicycle and pedestrian pathway shall yield the right-of-way to any pedestrian.
(c) 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.
(d) 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.
(e) 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.
(f) No person shall operate a motor-assisted bicycle, motor-assisted micromobility device, pedi-cab or pedi-bus upon any sidewalk.
(g) Persons riding a motor-assisted bicycle, 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)
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.
(a) Every person engaged in the sale or dissemination of bicycles shall inform each purchaser of city ordinances and state laws governing the operation of bicycles.
(b) Every person engaged in the business of renting bicycles 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)
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