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A person who provides bicycles for hire must:
(a) not rent a bicycle to a person unless every person who is under age 18 and will ride or be carried on the bicycle has a bicycle helmet; and
(b) register under this Chapter every bicycle provided for hire. (Ord. No. 5-161, § 4; CY 1991 L.M.C., ch. 14, § 1; 1995 L.M.C., ch. 23, § 1.)
Note-Formerly, § 7-4.
(a) Any County resident who owns a bicycle for personal use on a public street, right-of-way, or bicycle path in the County may, and the owner of a bicycle for rent in the County must:
(1) register the bicycle by:
(A) completing a form provided by the County Executive or designee; and
(B) paying a registration fee; and
(2) have a legible County registration decal on the bicycle; and
(3) remove the County registration decal when the bicycle is sold, transferred, or dismantled.
(b) Bicycle registration under this Section is not transferable.
(c) A person, other than the owner, must not remove a County registration decal from a bicycle.
(d) The County Executive may set bicycle registration fees by executive regulation under method (3). (1995 L.M.C., ch. 23, § 1; 2020 L.M.C., ch. 10, §1.)
(a) Enforcement. The County Police Department must enforce the requirements of this Chapter. The Maryland-National Capital Park and Planning Commission Police may enforce the requirements of this Chapter on Maryland-National Capital Park and Planning Commission property.
(b) Penalty. Any violation of this Chapter is a class C violation.
(c) Waiver.
(1) The fine for a person's first violation of a bicycle helmet requirement of this Chapter must be waived if:
(A) the person charged:
(i) is a minor; and
(ii) produces proof that the person has obtained a bicycle helmet for the person's use; or
(B) the person charged:
(i) is the parent or guardian of a minor; and
(ii) produces proof that the person has obtained a bicycle helmet for use by that minor.
(2) The citation for a person's first violation of a bicycle registration requirement of this Chapter must be rescinded if the person charged produces proof within 15 days after the citation is issued that the bicycle has been registered.
(d) Impoundment.
(1) The County Police Department and the Maryland-National Capital Park and Planning Commission Police may impound any unregistered bicycle that is provided for rent until the bicycle is properly registered. The Maryland-National Capital Park and Planning Commission Police may dispose of an unregistered bicycle that is provided for rent under Commission regulations.
(2) The County police must give an impounding receipt to the owner or operator of the unregistered bicycle that is provided for rent. If an unregistered bicycle provided for rent is impounded, the County police must hold an unregistered bicycle provided for rent until it is:
(A) registered;
(B) donated to a non-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code in the discretion of the Chief Administrative Officer if reasonable attempts to locate the owner are unsuccessful; or
(C) disposed of in the manner provided for abandoned motor vehicles under Section 31-63. (CY 1991 L.M.C., ch. 14, § 1; 1995 L.M.C., ch. 23, § 1; 2020 L.M.C., ch. 10, §1.)
Note-Formerly, § 7-13.
Failure of a person to use a bicycle helmet as required by this Chapter, or evidence that a parent or guardian of a minor knowingly allowed the minor to violate a bicycle helmet requirement of this Chapter, must not:
(a) be considered evidence of negligence;
(b) be considered evidence of contributory negligence;
(c) limit liability of a party or an insurer; or
(d) diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle. (CY 1991 L.M.C., ch. 14, § 1; 1995 L.M.C., ch. 23, § 1.)
Note-Formerly, § 7-15.