(a) As used in this article:
(1) "Bicycle" means a human-powered vehicle with wheels designed to transport, by the action of pedaling, one or more persons seated on one or more saddle seats on its frame. Such term also includes a human-powered vehicle, and any attachment to such vehicle designed to transport by pedaling when the vehicle is used on a public roadway, public bicycle path or other public right-of-way, but does not include a tricycle.
(2) "Tricycle" means a three-wheeled human-powered vehicle designed for use as a toy by a single child under the age of six years, the seat of which is nor more than two feet from ground level.
(3) "Public roadway" means right-of-way under the jurisdiction and control of the State of West Virginia or the City of St. Albans for use primarily by motor vehicles.
(4) "Public bicycle path" means right-of-way under the jurisdiction and control of State of West Virginia or the City of St. Albans thereof for use primarily by bicycles and pedestrians.
(5) "Other public right-of-way" means any right-of-way other than a public roadway or public bicycle path that is under the jurisdiction and control of State of West Virginia or the City of St. Albans thereof and is designed for use and used by vehicular or pedestrian traffic.
(6) "Protective bicycle helmet" means a piece of headgear which meets or exceeds the impact standards for protective bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation's standards for protective headgear or American Society for Testing and Materials (ASTM) for use in bicycling.
(7) "Passenger" means any person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
(8) "Operator" means a person who travels on a bicycle seated on a saddle seat from which that person is intended to and can pedal the bicycle.
(b) It is a misdemeanor for any person to do any fact forbidden or fail to perform any act required in this article.
(c) The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this article.
(d) These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any highway or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated herein.
(e) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(f) No bicycle shall be used to carry more persons at one time than the number of which it is designed and equipped.
(g) No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself to any streetcar or vehicle upon a roadway.
(h) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(i) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.
(j) Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such pat and shall not use the roadway.
(k) No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handle bars.
(1) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from the distance of at least five hundred feet to the front and with a red reflector on the rear of a type approved by the Department which shall be visible from all distances from fifty feet to three hundred feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. A lamp emitting a red light visible from a distance of five hundred feet to the rear may be used in addition to the red reflector. In addition, from dusk to dawn, every bicycle, tricycle or other play vehicle shall only be utilized by using a helmet as described above and a reflective vest.
(m) No person shall operate a bicycle unless it is equipped with a bell or other device capable of giving a signal audible for a distance of at least one hundred feet, except that a bicycle shall not be equipped with nor shall any person use upon a bicycle any siren or whistle.
(n) Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
(o) It is unlawful for any person under fifteen years of age to operate or be a passenger on a bicycle or any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
(p) It is unlawful for any parent or legal guardian of a person under fifteen years of age to knowingly permit such person to operate or be a passenger on a bicycle or on any attachment to a bicycle used on a public roadway, public bicycle path or other public right-of-way unless at all times when the person is so engaged he or she wears a protective bicycle helmet of good fit, fastened securely upon the head with the straps of the helmet.
(q) Notwithstanding any other provision of State Code or Codified Ordinances of the City of St. Albans, any parent or legal guardian violating any requirement set forth in subsection (o) hereof shall be fined ten dollars or be required to perform two hours in community service related to a child injury prevention program which includes injury prevention education or both fined and required to perform such community service. Notwithstanding the provisions of section one, article eleven, chapter eight of the West Virginia Code, no court costs may be assessed to any person violating the requirements of subsection (o) hereof.
(r) In the case of a first violation of subsection (o) hereof, the court may waive the fine upon receipt of satisfactory proof that the person has a helmet or within a reasonable time from the date of the violation, purchased or otherwise obtained, a protective bicycle helmet.
(s) It is an absolute defense to a charge for a violation of this section that a parent or legal guardian is unable to pay for the protective bicycle helmet. In ability to pay may be demonstrated by the filling of a financial affidavit in accordance with the provisions of subsection (c), section one, article two, chapter fifty-nine of the West Virginia Code. Any person who demonstrates inability to pay shall be referred to the Governor's Highway Safety Program for assistance in obtaining the appropriate helmet or helmets.
(Ord. 2018-08. Passed 5-7-18.)