Montgomery County Code

Chapter 7. Bicycles

Sec. 7-1. Definitions.

In this Chapter:

1. bicycle means a vehicle designed:

   1. to be propelled only by human power;

   2. to carry one or more persons; and

   3. with 2 wheels, one of which is at least 16 inches in diameter; and

2. bicycle helmet means a protective helmet designed for bicycle riders that is approved by the Snell Memorial Foundation or the American National Standards Institute, or that the Director of Transportation determines meets an equivalent standard. (Ord. No. 5-161, S 1; CY 1991 L.M.C., ch. 14, S 1; 1996 L.M.C., ch. 4, S 1; 2008 L.M.C., ch. 5, S 1.)

Editor’s note—2008 L.M.C., ch. 5, S 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department from which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

Sec. 7-2. Bicycle helmets.

A person who is under age 18 must wear a bicycle helmet when riding or being carried on a bicycle, including a bicycle with training wheels, on a public street, right-of-way, or bicycle path in the County. (CY 1991 L.M.C., ch. 14, S 1; 1995 L.M.C., ch. 23, S 1.)

Note-Formerly, S 7-3.

Sec. 7-3. Persons providing bicycles for hire.

A person who provides bicycles for hire must:

1. 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

2. register under this Chapter every bicycle provided for hire. (Ord. No. 5-161, S 4; CY 1991 L.M.C., ch. 14, S 1; 1995 L.M.C., ch. 23, S 1.)

Note-Formerly, S 7-4.

Sec. 7-4. Bicycle registration.

1. Any County resident who owns a bicycle used on a public street, right-of-way, or bicycle path in the County must:

   1. register the bicycle by:

      1. completing a form provided by the County Executive or designee; and

      2. 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.

2. Bicycle registration under this Section is not transferable.

3. A person, other than the owner, must not remove a County registration decal from a bicycle.

4. The County Executive may set bicycle registration fees by executive regulation under method . (1995 L.M.C., ch. 23, S 1.)

Sec. 7-5. Enforcement.

1. 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.

2. Penalty. Any violation of this Chapter is a class C violation.

3. Waiver.

   1. The fine for a person’s first violation of a bicycle helmet requirement of this Chapter must be waived if:

      1. the person charged:

         1. is a minor; and

         2. produces proof that the person has obtained a bicycle helmet for the person’s use; or

      2. the person charged:

         1. is the parent or guardian of a minor; and

         2. 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.

4. Impoundment.

   1. The County Police Department and the Maryland-National Capital Park and Planning Commission Police may impound any unregistered bicycle until the bicycle is properly registered. The Maryland-National Capital Park and Planning Commission Police dispose of unregistered bicycles under Commission regulations.

   2. The County police must give an impounding receipt to the owner or operator of the unregistered bicycle. If an unregistered bicycle is impounded, the County police must hold an unregistered bicycle until it is:

      1. registered;

      2. donated to a non-profit organization that is exempt from taxation under Section 501 of the Internal Revenue Code in the discretion of the Chief Administrative Officer if reasonable attempts to locate the owner are unsuccessful; or

      3. disposed of in the manner provided for abandoned motor vehicles under Section 31-63.

   3. The net proceeds received from the sale of impounded or abandoned bicycles by the County police must be deposited in the Police Relief and Retirement Fund. (CY 1991 L.M.C., ch. 14, S 1; 1995 L.M.C., ch. 23, S 1.)

Note-Formerly, S 7-13.

Sec. 7-6. Parental responsibility.

A parent or guardian of a minor must not knowingly allow that minor to violate this Chapter. (CY 1991 L.M.C., ch. 14, S 1; 1995 L.M.C., ch. 23, S 1.)

Note-Formerly, S 7-14.

Sec. 7-7. Evidence of negligence.

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:

1. be considered evidence of negligence;

2. be considered evidence of contributory negligence;

3. limit liability of a party or an insurer; or

4. diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle. (CY 1991 L.M.C., ch. 14, S 1; 1995 L.M.C., ch. 23, S 1.)

Note-Formerly, S 7-15.

Sec. 31-5. Driving over curbs, sidewalks or drainage structures.

1. It shall be unlawful for any person to drive, or cause to be driven, any vehicle, including a motor vehicle, on or over any curb, sidewalk or drainage structure, except as provided in subsection of this section and over driveways constructed for such purposes; provided, that this section shall not apply in emergencies where suitable provision is made, by the laying of planking or otherwise, for the bridging of such curb, sidewalk or drainage structure in such a way that no damage will be done thereto.

2. Bicycles which are not motorized and special vehicles used by handicapped persons may be operated upon sidewalk areas and appurtenant drainage structures designed for pedestrian use except where, in the judgment of the county executive, it is necessary for the safety or control of vehicular and pedestrian traffic to prohibit riding of such vehicles. Whenever any person is riding upon a sidewalk, such person shall give an audible signal and yield the right-of-way to any pedestrian. The county executive may, by regulation adopted under method of section 2A-15 of this Code, define “special vehicle” and “handicapped;” establish licensing requirements; and establish hours during which special vehicles may be operated upon sidewalk areas.

3. The county executive shall provide for the erection of such traffic-control signs on sidewalk areas or bikeways as may be necessary to ensure the safety of bicyclists, pedestrians and operators of motor vehicles; provided that no sign shall be erected on state highways without the approval of the state highway administration. (1978 L.M.C., ch. 7, S 2; 1982 L.M.C., ch. 41, S 1; 1984 L.M.C., ch. 24, S 36.)