2006 New York Code - Bicycle Operation On Sidewalks Prohibited.



 
    § 19-176 Bicycle operation on sidewalks prohibited. a. For purposes of
  this section:
    (1)  The  term "bicycle" shall mean a two or three wheeled device upon
  which a person or persons may ride, propelled by human power  through  a
  belt, a chain or gears, with such wheels in a tandem or tricycle, except
  that  it shall not include such a device having solid tires and intended
  for use only on a sidewalk by a child.
    (2) The term "sidewalk" shall mean that portion of the street, whether
  paved or unpaved, between the curb lines  or  the  lateral  lines  of  a
  roadway  and  the  adjacent  property  lines,  intended  for  the use of
  pedestrians. Where it is not clear which section is intended for the use
  of pedestrians the sidewalk will be deemed to be  that  portion  of  the
  street between the building line and the curb.
    (3)  The  term "child" shall mean a person less than fourteen years of
  age.
    b. No person shall ride a bicycle upon any sidewalk  unless  permitted
  by  an  official  sign.  A  person  who violates this subdivision may be
  issued a notice of violation and shall be liable for a civil penalty  of
  not more than one hundred dollars which may be recovered in a proceeding
  before the environmental control board.
    c.  A  person  who  violates subdivision b of this section in a manner
  that endangers any other  person  or  property  shall  be  guilty  of  a
  misdemeanor,  punishable  by a fine of not more than one hundred dollars
  or imprisonment for not more than twenty days  or  both  such  fine  and
  imprisonment.  Such  person  shall also be liable for a civil penalty of
  not less than one hundred dollars nor more than three  hundred  dollars,
  except  where  a  hearing  officer  has  determined that where there was
  physical contact between the rider and  another  person,  an  additional
  civil  penalty  of  not  less than one hundred dollars nor more than two
  hundred dollars may be imposed. Such civil penalties may be recovered in
  a proceeding before the environmental control board. Enforcement  agents
  shall  indicate on the summons or notice of violation issued pursuant to
  this subdivision whether physical contact was made between the rider and
  another  person.  Any  person  who  violates  any  provision   of   this
  subdivision  more than once within any six month period shall be subject
  to the imposition of civil penalties in an amount that  is  double  what
  would  otherwise  have  been  imposed  for  the  commission  of  a first
  violation. It shall be an  affirmative  defense  that  physical  contact
  between a rider and another person was in no way the fault of the rider.
    d. Where a summons or notice of violation is issued for a violation of
  subdivision c of this section, the bicycle may be seized and impounded.
    e.  A  bicycle impounded pursuant to this section shall be released to
  the owner or other person lawfully entitled to possession  upon  payment
  of  the  costs  of  removal and storage as set forth in the rules of the
  police department and proof of payment of any fine or civil penalty  for
  the  violation  or,  if  a  proceeding for the violation is pending in a
  court or before the environmental control board, upon the posting  of  a
  bond or other form of security acceptable to the police department in an
  amount which will assure the payment of such costs and any fine or civil
  penalty  which  may  be  imposed  for the violation. If the court or the
  environmental  control  board  finds  in  favor  of  the  defendant   or
  respondent,  the  owner shall be entitled forthwith to possession of the
  bicycle without charge or  to  the  extent  that  any  amount  has  been
  previously  paid  for  release  of  the  bicycle,  such  amount shall be
  refunded. The police department shall establish by rule the time  within
  which  bicycles  which  are not redeemed may be deemed abandoned and the
  procedures for disposal.

f. The owner of a bicycle shall be given the opportunity for a post seizure hearing within five business days before the environmental control board regarding the impoundment. The environmental control board shall render a determination within three business days after the conclusion of the hearing. Where the board finds that there was no basis for the impoundment, the owner shall be entitled forthwith to possession of the bicycle without charge or to the extent that any amount has been previously paid for release of the bicycle, such amount shall be refunded. g. Upon the impoundment of a bicycle, the rider shall be given written notice of the procedure for redemption of the bicycle and the procedure for requesting a post seizure hearing. Where the rider of a bicycle is not the owner thereof notice provided to the rider shall be deemed to be notice to the owner. Where the defendant or respondent is less than eighteen years old such notice shall also be mailed to the parent, guardian or where relevant, employer of the respondent, if the name and address of such person is reasonably ascertainable. h. In any proceeding under this section it shall be an affirmative defense that the defendant or respondent was less than fourteen years old at the time the violation was committed. i. The provisions of this section may be enforced by the police department or designated employees of the department, the department of sanitation, the department of parks and recreation.

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