Chapter 38. ARTICLE X.
OPERATION OF BICYCLES AND OTHER NON-MOTORIZED VEHICLES

Sec. 38-541. – Effect of article regulations.

(a)
The parent of any child and the guardian of any ward shall not authorize or permit any such child or ward to violate any of the provisions of this article.

(b)
The regulations of this article applicable to bicycles shall apply whenever a bicycle is operated upon any street or upon any path set aside for the exclusive use of bicycles subject to those exceptions stated in this article.
(c)
Notwithstanding any provision of this article, no bicycle shall be operated on any street or roadway in a manner that would create a public safety hazard.
(Ord. No. 85-218, § 2, 1995; Ord. No. 85-259, § 1, 1998; Code 1985, § 10.11.001)
State law reference— Similar provisions, NMSA 1978, § 66-3-701.

Sec. 38-542. – Traffic chapter applies to persons riding bicycles.

Every person riding a bicycle upon a street shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle, except as to the special regulations within this article.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.002)
State law reference— Similar provisions, NMSA 1978, § 66-3-702.

Sec. 38-543. – Riding bicycles.

(a)
A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.
(b)
No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.003)
State law reference— Similar provisions, NMSA 1978, § 66-3-703.

Sec. 38-544. – Clinging to vehicles.

No person riding upon any bicycle, coaster, roller skates, in-line skates, sled or toy vehicle shall attach the same or himself to any vehicle upon a street.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.004)
State law reference— Similar provisions, NMSA 1978, § 66-3-704.

Sec. 38-545. – Riding on streets and bicycle paths.

(a)
Every person operating a bicycle upon a street shall ride as near to the right side of the street as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
(b)
It shall not be considered practicable to ride as near to the right side of the street under the following circumstances:
(1)
When overtaking and passing another bicycle or vehicle proceeding in the same direction;
(2)
When preparing for a left turn at an intersection or into a private road or roadway;
(3)
When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along the righthand curb or edge. For purposes of this section, a “substandard width lane” is a lane that is too narrow for a bicycle and vehicle to travel safely side by side within the lane;
(4)
When operating a bicycle or a moped upon a one-way highway with two or more marked traffic lanes, the rider may ride as near the lefthand curb or edge of such roadway as practicable.
(c)
Persons riding bicycles upon a street shall not ride more than two abreast except on paths or parts of streets set aside for the exclusive use of bicycles. Persons riding two abreast shall not impede the normal and reasonable movement of traffic.
(d)
When approaching or passing any person riding on a bicycle, the operator of a motor vehicle shall proceed with caution and shall pass such bicycle rider at a reasonable speed and maintain a safe distance, no less than five feet, from the operator of the bicycle.
(e)
When approaching or passing a vehicle proceeding in the same direction, the operator of a bicycle shall keep a safe distance, no less than five feet, from the vehicle.
(f)
No person shall operate a motor vehicle in such a manner as to harass or endanger the operator of a bicycle.

(Ord. No. 85-218, § 2, 1995; Ord. No. 85-233, § 1, 1996; Ord. No. 85-259, § 2, 1998; Code 1985, § 10.11.005)

Sec. 38-546. – Carrying articles.

No person operating a bicycle shall carry any package, bundle or article which prevents the driver from keeping at least one hand upon the handlebar.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.006)
State law reference— Similar provisions, NMSA 1978, § 66-3-706.

Sec. 38-547. – Lamps and other equipment on bicycles.

(a)
Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the division which shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.
(b)
Every bicycle shall be equipped with a brake which will enable the operator to make the brake wheels skid on dry, level, clean pavement.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.007)

Sec. 38-548. – Obedience to traffic-control devices.

(a)
Any person operating a bicycle shall obey the instructions of official traffic-control devices applicable to vehicles, unless otherwise directed by a police officer.
(b)
Whenever authorized signs are erected indicating that no right turn or left turn or U-turn is permitted, no person operating a bicycle shall disobey the direction of any such sign, except where such person dismounts from the bicycle to make any such turn, in which event the person shall then obey the regulations applicable to pedestrians.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.008)

Sec. 38-549. – Parking.

No person shall park a bicycle upon a street other than upon the street against the curb, upon the sidewalk in a rack to support the bicycle, against a building, or at the curb, in such manner as to afford the least obstruction to pedestrian traffic.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.009)

Sec. 38-550. – Speed.

No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing, but no greater than the posted speed limit.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.010)

Sec. 38-551. – Helmets required.

(a)
Children under the age of 18 years shall wear a protective helmet securely fastened to the head when operating or riding upon a bicycle.
(b)
Children riding in a seat carrier or pulled in a cart attached to a bicycle shall wear a protective helmet securely fastened to the head.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.011)

Sec. 38-552. – Emerging from alley, driveway, private road or building.

(a)
The operator of a bicycle emerging from an alley, private road, driveway or building shall yield the right-of-way to all pedestrians on the sidewalk or sidewalk area.
(b)
Upon entering the street, the driver of a bicycle shall yield the right-of-way to all vehicles approaching on the street.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.012)

Sec. 38-553. – Riding on sidewalks.

(a)
No person shall ride a bicycle upon a sidewalk within a business district with careless or reckless disregard for pedestrians or other vehicles.
(b)
No person shall ride a bicycle on any sidewalk or street when signs are posted prohibiting bicycles on the sidewalk or street.
(c)
When signs are posted requiring bicycles to use sidewalks or paths adjacent to a street, no person shall ride a bicycle on the street adjacent to the sidewalks or paths.
(d)
Whenever any person is riding a bicycle upon a sidewalk, the person shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing a pedestrian.
(e)
A person propelling a vehicle by human power across a roadway upon and along a crosswalk shall yield to pedestrians in the crosswalk.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.013)

Sec. 38-554. – Rental agencies.

A rental agency shall not rent or offer to rent any bicycle for rent unless the bicycle is equipped with the lamps and other equipment required by state law or this chapter.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.014)

Sec. 38-555. – Bicycle dealers.

(a)
Every person engaged in the business of buying or selling new or secondhand bicycles shall make a report to the police department of every bicycle purchased or sold by the dealer, and the report shall contain the following information:
(1)
The name and address of the person from whom the bicycle was purchased or to whom the bicycle was sold;
(2)
A description of the bicycle by name or make;
(3)
The frame number of the bicycle.
(b)
If the dealer purchased a bicycle whereon the frame number, or any portion of it has been removed, tampered with or in any manner made illegible, the dealer shall make an immediate report to the police department. For the purpose of this subsection, the term “bicycle” shall include less than an entire bicycle as long as the portion bought or sold includes a frame.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.015)

Sec. 38-556. – Impounding unattended bicycles.

(a)
Whenever any bicycle is found unattended, a police officer is authorized to remove the bicycle to the nearest municipal bicycle pound or authorized location, as determined and designated by the police department.
(b)
Before the owner or person entitled to possession of any legally impounded bicycle shall be permitted to remove it from the custody of the bicycle pound or other authorized location, he shall furnish evidence of identity and ownership of the bicycle.

(Ord. No. 85-218, § 2, 1995; Code 1985, § 10.11.016)

Sec. 38-557. – Penalties for violation of article.

Every person convicted of a violation of any provision of this article shall be punished by a fine of not more than $25.00.