Article 01: General Provisions

[HISTORY: Adopted by the Durham Town Council 7-12-93 by Ord. #93-5.  All amendments included at time of adoption of Code].

33-1. Definitions.

A.  "Bicycle" shall mean every pedaled vehicle propelled solely by human power upon which a person may ride, except children’s' tricycles and similar devices.

B.  "Bicycle lane" means any lane, way, path or trail designated by appropriate signs that explicitly provides for bicycle travel.

C.  "Bicycle race" means any competitive bicycle race.

D.  "Sidewalk" as used herein shall mean sidewalks laid out as such by the Town or reserved by custom for the use of pedestrians that lies within the compact part of town.  It shall also include improved sidewalks laid outside the compact area of the Town lying within town right-of-ways.

E.   "Compact area" means the Urban Compact area of the Town established by the State of New Hampshire.  It is that area bound by Route 4, Route 108, Main Street, Mill Road, College Road and that section of Main Street formally known as Old Concord Road.

33-2. Applicability.

Every person riding a bicycle shall be subject to the provisions of this ordinance and all duties applicable to the driver of any other vehicle as required by state statutes, except as to those provisions which by their very nature can have no application.

33-3. Bicycle rules/regulations.

A.  A person riding a bicycle shall not ride other than upon or astride a permanent and regular seat attached to the bicycle.

B.  No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

C.  No person riding a bicycle shall hold fast to, or hitch on to, any car or other vehicle moving upon a public way.

D.  No person operating a bicycle shall carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebars.

E.   Bicycles shall travel only in the direction of travel designated and shall not travel against the flow of  the traffic.

F.   Persons riding a bicycle within the compact area of Town shall ride single file as close to the right-hand edge of the paved portion of the roadway as possible. Where bicycle lanes are provided, riders shall use them.

G.  Persons riding bicycles outside the compact area of Town shall not ride more than two abreast keeping as close to the right-hand edge of the paved portion of the roadway as possible.  In order not to impede the normal flow of traffic, riders shall form a single file close to the right-hand edge of the pavement upon the approach of a motor vehicle from the rear.

H.  A person riding a bicycle may pass a slower-moving vehicle in the same lane provided such movement can be made with reasonable safety.

I.    Bicyclists shall render the appropriate hand and arm signal before turning, reversing direction, or stopping.  A continuous hand and arm signal is not required when control of the bicycle is needed.

J.    It shall be unlawful to ride a bicycle on a sidewalk as defined herein.

K.  Any bicyclist shall stop upon demand of a police officer.

L.   Unless otherwise restricted by traffic control devices, persons may park their bicycles on sidewalks so as not to impede the normal and reasonable movement of pedestrian and other traffic.

M.  A person shall not park a bicycle on a roadway in such a manner as to obstruct the movement of a legally parked motor vehicle or obstruct a lane of travel.

33-4.  Equipment requirements/prohibitions.

A.  Every bicycle operated upon any way during darkness shall be equipped with a lamp emitting a white light visible from a distance of 300 feet in front of the bicycle and with a red reflector on the rear of a type approved by the Director of Motor Vehicles which shall be visible from a distance of 300 feet to the rear when directly in front of the lawful upper beams of headlamps on a motor vehicle.  A lamp emitting a red light visible from 300 feet to the rear may be used in addition to the red reflector.

B.  No person shall sell a new bicycle or pedal for use on a bicycle either separately or as part of a new bicycle unless that pedal is equipped with a reflector of a type approved by the Director of Motor Vehicles which conforms to 49CFR 571.108 Table 2 and which is visible from the front and rear of the bicycle from a distance of 200 feet during darkness.

C.  Every bicycle shall be equipped with a brake or brakes which will enable its driver to stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean pavement.

D.  No bicycles shall be equipped with a siren, nor shall any person on a bicycle use a siren.

33-5. Bicycle races.

A.  No person shall conduct or participate in any competitive bicycle race on any class I, class III, or class III-a highway or on the state-maintained part of any class II highway, unless such race is sponsored by a recognized bicycle organization and the sponsor of such race has obtained, prior to such race, the written approval of the Commissioner of the Department of Safety and Special Events Permit from the Town of Durham.

B.  In the case of a competitive bicycle race on a class III-a highway, the sponsor of the race shall also obtain the approval of the Executive Director of the Fish and Game Department.

C.  The Commissioner of the Department of Safety and the Executive Director of the Fish and Game Department may require insurance, police coverage or other regulations to insure the safety and protection of the public, and the permit may exempt competitors from such requirements relative to rules of the road as are not inconsistent with public safety.

D.  Persons conducting or participating in a bicycle race on Town ways only shall obtain a Special Events Permit from the Town which may be issued upon meeting other prerequisites.

33-6. Licensing.

A.  The licensing of bicycles shall be voluntary.  Owners are encouraged to register bicycles so that they might be identified as the result of the recovery of a lost or stolen bicycle.

B.  The license shall not lapse; however, persons who voluntarily register their bicycles shall notify the Police Department upon transfer of ownership or loss.

C. The fee for licensing shall be one dollar ($1.00) or as amended from time to time by the Town Council.

33-7. Penalty.

Anyone who violates this ordinance shall be subject to fines in accordance with the provisions of Ordinance No. 83-01, "Traffic Violation Penalties" as amended.

33-8. Impoundment.

A.  Pursuant to RSA 265:150, any person violating the provisions of this ordinance shall be deprived of his bicycle in the manner set forth in this section.

B.  Police officers may impound a bicycle for safety considerations enumerated herein, when the safety of a juvenile is at risk, and in conjunction with a violation.  Officers should exercise restraint when resorting to impoundment.

C.  Impounded bicycles will be released as follows:

           1.  Bicycles taken due to safety concerns may be released as soon as the hazard has been corrected.

           2.  Bicycles taken from "at-risk" juveniles shall be released to the parents or legal guardian of the juvenile.

           3.  Bicycles taken as a result of a violation may be held until the disposition of the court case.