Tangipahoa Ordinance

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Text of Tangipahoa Ordinance 98-13.
Date: Fri, 17 Jul 1998 22:32:43 -0500
From:”Nathan Gifford” [email protected]

Text of the bill follows.

A couple of questions for you legalphiles out there.

1. Does this ordinance only apply to parish roadways, or can it be applied to state and federal roadways?
2. My understanding is that mandatory sidepath laws puts the governing authority at legal liability if an accident occurs on the sidepath due to improper construction or maintenance. Is that true?
3. The ordinance mentions “rides organized as a public service.” What about private bike clubs? If their rides are for club members, are they exempt?
4. Does the ordinance prohibit kid trailers?
5. Ordinance also contains mandatory helmet requirement (item 12).
6. Did the ordinance comply with state laws (13 days from introduction, 14 with President’s signature)? Additionally, the regular Monday meeting had been move for Memorial Day to the Tuesday after (May 26th); does this make it legal?

Nathan Gifford
LAB Area Rep LA & MS
504-542-6798
USA

T.P. ORDINANCE NO. 98-13

AN ORDINANCE FOR BICYCLE REGULATIONS WITHIN
THE PARISH OF TANGIPAHOA PARISH, STATE OF LOUISIANA

BE IT ORDAINED by the Tangipahoa Parish Council, governing authority of
Tangipahoa Parish, State of Louisiana that a parish permit shall be obtained
from the Tangipahoa Parish Permit Office at no cost for any organized or
unorganized ride containing eight (8) or more bicycle riders.
This permit shall contain the following:

a) Date ride is to take place; and
b) Number of riders; and
c) Person or persons in charge with phone number; and
d) Route plan of ride.

BE IT FURTHER ORDAINED as follows:

1) That any organized or unorganized bike ride will, as a public service,
have published a route at least forty-eight (48) hours prior to the ride in
any local newspaper that may have coverage in the route area.

2) That any organized or unorganized ride will have proper police or
security protection on day or days of the event.

3) That any person riding a bicycle upon a highway of this parish shall
be granted all of the rights and subject to all the duties applicable to the
driver of a vehicle.

4) That a person propelling a bicycle shall not ride other than upon or
astride a permanent or regular seat attached thereto.

5) No bicycle shall be used to carry more persons at one time than the
number for which it was designed and equipped.

6) A person operating a bicycle shall at all times keep at least one
hand upon the handlebars thereof.

7) No person riding upon any bicycle shall attach himself to any vehicle
upon the highway.

8) Every person operating a bicycle upon a roadway shall ride as near to
the right side of the roadway as practical, exercising due care when passing
a standing vehicle or one proceeding in the same direction.

9) Persons riding bicycles upon a roadway shall not ride more than two
(2) abreast except on paths or parts of roadways set aside exclusively for
the use of bicycles.

10) Riders shall allow a safe distance for automobiles to pass.

11) Whenever a usable path for bicycles has been provided adjacent to a
roadway bicycle rids shall not use the roadway.

12) Every rider must wear approved head gear.

13) Every bicycle shall be equipped with a brake which will enable the
operator to make braked wheels skid on dry, level, clean pavement.

14) Every bicycle when in use at night time shall be equipped with a lamp
on the front which shall emit a white light visible from a distance of at
least five hundred feet (500′) to the front with a red reflector on the rear
and a reflector on each side facing outward at a right angle to the bicycle
frame, all of the type approved by the department which shall be visible
from all distances within six hundred feet (600′) to one hundred feet (100′)
to the rear when directly in front of the lower beams of the headlamps on a
motor vehicle. A lamp emitting a red light visible from a distance of five
hundred feet (500′) to the rear may be used in addition to the red
reflector.

BE IT FURTHER ORDAINED that failure to abide by any of the provisions of
this ordinance will invoke a fine in the amount of Two Hundred Dollars
($200.00).

BE IT FURTHER ORDAINED that this ordinance shall become effective
immediately upon signature of the Parish President.

This ordinance having been submitted in writing, having been introduced
at a public meeting of the Tangipahoa Parish Council, discussed at a public
meeting of said Council and was submitted to an official vote of the TPC.

On a motion by Mr. Bruno and seconded by Mr. Jarell the foregoing
ordinance was hereby declared adopted on this the 8th day of June, 1998 by
the following roll call.

YEAS: 6 (Jarrell, Bruno, Ridgel, Fleet, Holton, Edwards)
NAYS: 1 (Bankston)
NOT VOTING: 2 (Buckley, Cortez)
ABSENT: 1 (Petitto)

INTRODUCED: 5/26/98
PUBLISHED: 6/4/98
ADOPTED: 6/8/98
DELIVERED FROM PRESIDENT: 6/9/98
RECEIVED FROM PRESIDENT: 6/9/98