[This chapter was formerly Ord. 60, Secs. 2 – 5, 4/13/53; Ord. 64, Secs. 1, 3, and 4, 5/11/53; Ord. 72, Secs. 2 and 3, 7/11/55; Ord. 129, Secs. 1, 2, and 3, 12/14/65; and Ord. 156, Secs. 1 – 4, 10/8/68; all as amended by Ord. 187, Sec. 18]
[Compiler’s Note: Respecting CMC 6.35.020, the operation of bicycles is also governed to an extent by state law (IC 9-4-1-93 through 9-4-1-101); however, IC 9-4-1-93(c) limits applicability to highways (i.e., every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel, and also including many sidewalks per IC 9-4-1-14(d)), or to paths set aside for the exclusive use of bicycles. Since the scope of the Town regulations apply to any sidewalk or other public place without limitation, the Town ordinance is therefore more general and inclusive than the statute, and to such extent is supplemental to rather than duplicative of the statutory provisions. However, an enforcement officer would need to determine in the particular instance whether a violation were one of statute, which would have to be cited and prosecuted as such, or concerns only the applicability of the Town ordinance requirements. In particular, the following should be noted: IC 9-4-1-99 requires bicycles to be equipped with a bell or other signal (except a siren or whistle) audible for 100 feet, but does not require the use of such device, as does CMC 6.35.020(a); IC 9-4-1-100 requires equipment with both front and rear lights visible for 500 feet, but such requirement applies only if the bicycle is actually operated during darkness; IC 9-4-1-95(b) limits riders to “the number for which it is designed and equipped.” There would currently appear to be no state provision concerning the restriction provided by CMC 6.35.020(c), which is uniquely a Town requirement. However, conversely, state law does provide some additional regulations and restrictions not currently covered at all by Town ordinance. These include the applicability of all rights and duties provided in the case of a motor vehicle when a bicycle is being operated on a roadway, which would include the obligation to observe and comply with all state traffic regulations (IC 9-4-1-94); a prohibition against hitching rides on motor vehicles (IC 9-4-1-96); a prohibition against riding more than two abreast in a roadway (IC 9-4-1-97); a prohibition against carrying packages so as to prevent the rider from keeping both hands on the handlebars; and brake equipment requirements (IC 9-4-1-101)]