Int 0565-1999

Be it enacted by the Council as follows: Section 1. Section 19-176 of the administrative code of the city of New York is amended to read as follows: �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 sidewalks by a child. (2) The term "sidewalk" shall mean that portion of the street, whether paved or unpaved, between the curb 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. c. A person who violates subdivision b of this section [under circumstances which create a substantial risk of physical injury to another person] shall be guilty of a misdemeanor, punishable by a fine of not less than one hundred and fifty dollars and not more than [one hundred] two hundred dollars and imprisonment for not more than twenty days or both such fine and imprisonment. Such person shall also be liable for a civil for a civil penalty of not more than one hundred dollars which may be proceeding before the environmental control board. Where a summons or notice of violation is issued for a violation of this subdivision, a designated employee of the department, the department of sanitation or the department of parks and recreation or a police officer may seize and impound the bicycle. In any proceeding under this subdivision it shall be a defense that the defendant or respondent was less than [fourteen] years old at the time of the commission of the violation. d. 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 are not redeemed may be deemed abandoned and the procedures for disposal. e. The owner of a bicycle shall be given the opportunity for a post seizure hearing 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. f. Upon the impoundment of the 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. g. The provisions of the section [may] shall be enforced by the department, the department of sanitation, the department of parks and recreation and the police department �2. The local law shall take effect immediately. LS#1469 4/9/99 JJ:ts 1 2