Hike and Bike System Master Plan Hike and Bike System Master Plan | Page 244

CITY OF ARLINGTON , TEXAS
DRAFT City of Arlington Bicycle Ordinance ( continued )
ARTICLE 5 . PASSENGERS 1 . It shall be unlawful to operate a bicycle in the City to carry more persons at one time than the number of persons for which such bicycle was originally designed and equipped .
2 . It is a defense to prosecution under this section that the person was in a child carrier , side car or trailer specifically designed and manufactured for the purpose of carrying or pulling a passenger on , beside or behind a bicycle and that such carrier , side car or trailer was equipped with a harness to hold such person securely in the seat and that protection was provided to keep the feet or hands of such person from hitting the spokes of the wheel of the bicycle . In no circumstance shall the operator of a bicycle transport any person under the age of one year on a bicycle .
ARTICLE 6 . SALE OR LEASE OF BICYCLES BY DEALERS
1 . It shall be unlawful for any dealer to sell a bicycle , bicycle side car , trailer or child carrier without providing a written statement to the purchaser advising of the terms of this Section . The statement shall be in a form promulgated by the Chief of Police . Upon request , the Chief of Police shall provide a sample of the required form to a dealer . However , printing of distribution copies shall be at the dealer ’ s expense .
2 . It shall be unlawful for any dealer to lease a bicycle to any person without providing a helmet for the use of each child who will operate or ride upon the bicycle or determining that each child who will operate or ride upon the bicycle has a helmet available . The dealer may impose an additional fee for use of the helmet if the dealer sells or leases a helmet to the bicycle lessee .
ARTICLE 7 . PENALTY
1 . Any person , firm , corporation , agent or employee thereof who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined an amount not less than One Dollar ($ 1 ) nor more than One Hundred Dollars ($ 100 ). ( a ) On conviction of any person for a first offense under this section the court shall suspend execution of sentence and shall require the defendant to attend a bicycle safety course approved by the court . The court may require the parent of any child convicted under this section to attend the bicycle safety course with the child . ( b ) Not later than the 90th day after the date of a conviction under this section , the defendant shall present to the court , in the manner required by the court , evidence of satisfactory completion of a bicycle safety course . ( c ) On receipt of the evidence required under subsection ( 2 )( b ) the court shall discharge the defendant and dismiss the complaint against the defendant . The defendant would then be released from all penalties involved with the ordinance except that the defendant is considered to have been convicted of the offense if the defendant is subsequently convicted of an offense under this section committed after the dismissal of the first offense .
2 . Each fiscal year an amount shall be designated from the general fund for the continuation , development or implementation of a bicycle safety program . That amount shall be equal to or greater than the amount of fines collected the previous year for any violations of this section .
( Amend Ord 97-140 , 10 / 14 / 97 )
C-14 | Appendix C : Hike & Bike Policies