Int. No. 73
By Council Members Garodnick, Brewer, Gennaro, James, Nelson and Dromm
A Local Law to amend the administrative code of the city of New York, in relation to bicycles offered for rental.
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-157.2 to read as follows:
§ 10-157.2 Bicycles offered for rental.
a. Every person engaged in the retail business of renting bicycles shall:
i. make available to each person renting a bicycle a bicycle helmet conforming to the specifications for bicycle helmets set forth by the consumer product safety commission in title 16, part 1203 of the code of federal regulations;
ii. ensure that each bicycle so offered for rental is equipped with a lamp, a bell or other device capable of giving an audible signal, brakes, reflective tires or, alternatively, a reflex reflector mounted on the spokes of each wheel, and other reflective devices as set forth in section 1236 of the vehicle and traffic law;
iii. display in an area conspicuous to customers at the point of sale a sign summarizing such provisions of the vehicle and traffic law, administrative code of the city of New York and department of transportation traffic rules and regulations as the commissioner of transportation determines by rule. Such provisions shall include, but not be limited to, the requirement that bicycle passengers and operators under fourteen years of age are required to wear a helmet pursuant to section 1238 of the vehicle and traffic code.
iv. provide to each person renting a bicycle a written statement, the form and manner to be determined by rule of the commissioner of transportation, summarizing such provisions of the vehicle and traffic law, administrative code of the city of New York and department of transportation rules and regulations as the commissioner of transportation determines by rule. Such provisions shall include, but not be limited to, the requirement that bicycle passengers and operators under fourteen years of age are required to wear a helmet pursuant to section 1238 of the vehicle and traffic code.
b. The commissioner of transportation shall promulgate such rules as may be required to effectuate the purposes of this section, including rules governing the content, size and manner of display of signs required pursuant to subdivision a(iii) of this section and written statements requirement pursuant to subdivision a(iv) and shall make a model sign available on the department of transportation's website.
c. The violation of any provision of subdivision a of this section, or of any rules that may be promulgated pursuant hereto, shall be a violation triable by a judge of the criminal court of the city of New York and upon conviction thereof shall be punishable by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars. In addition, any person who violates any provision of subdivision a(iii) of this section shall be liable for a civil penalty of three hundred dollars.
§2. This local law shall take ninety days after enactment except that the commissioner shall take all actions necessary for its implementation, including the promulgation of rules, prior to such effective date.
LCC
LS #7806
12/14/09