[Vision2020] Moscow City Code Requires Bicycles In Operation ToHave Lights 24 Hours A Day?

[Dan Weaver]

Ted;

Thank you for writing and bringing this issue to my attention. I will
look into the situation and see if this is a communication breakdown
between you and the officer or if the officer was in error in his advice
to you. Either way I will address the situation to prevent further
inaccuracies from occurring. I will attempt to address your questions
below.

There is no provision in Moscow City Code to have lights on bicycles 24
hours a day. 

Generally officers use the Idaho State Code except in those cases where
it is not applicable or is specific to City Code issues. State Codes
which may be applicable are listed below and are noted in the last web
site you posted below. Idaho Code 49-723 states that lights are required
on bicycles as noted in Idaho Code 49-903. Idaho Code 49-903 states that
lights are required from sunset to sunrise or at any other time when
there is not sufficient light to render clearly discernible persons and
vehicles on the highway at a distance of 500 feet. The code tends to
indicate if the lighting conditions are dim from anything which may
include fog, smog, dust or smoke, or at twilight a person should have a
light on. Therefore if conditions are not such that objects or persons
can be discernible at 500 feet, a light is required which may mean
anytime of the 24 hour clock. 

Your question regarding if lights are required on a sidewalk are
addressed in Idaho Code 49-109 (H) (5) which is the definition of
"Highway". Since highway includes sidewalks, and since lights are
required on highways, bicycles are required to have lights on sidewalks.
Applicable codes are noted below. 

49-723. LIGHT AND REFLECTOR REQUIRED AT NIGHT.
Every bicycle in use at the times described in section 49-903, Idaho
Code, shall be operated with a light emitting device visible from a
distance of at least five hundred (500) feet to the front, attached to
the bicycle or the rider, and with a reflector clearly visible from the
rear of the bicycle. 

49-903. WHEN LIGHTED LAMPS ARE REQUIRED. 
Every vehicle upon a highway at any time from sunset to sunrise and at
any other time when there is not sufficient light to render clearly
discernible persons and vehicles on the highway at a distance of five
hundred (500) feet ahead shall display lighted lamps and illuminating
devices as here respectively required for different classes of vehicles,
subject to exceptions with respect to parked vehicles as stated herein. 

49-109 H. (5) "Highway"

49-109 H.(5) "Highway" means the entire width between the boundary lines
of every way publicly maintained when any part is open to the use of the
public for vehicular travel, with jurisdiction extending to the adjacent
property line, including sidewalks, shoulders, berms and rights-of-way
not intended for motorized traffic. The term "street" is interchangeable
with highway. 

Please let me know if you have further questions and or suggestions
regarding this situation.

 

Thanks

 

Dan Weaver

Chief of Police

City of Moscow

118 East 4th Street

Moscow Idaho 83843

(208) 882-2677

 

________________________________

From: vision2020-bounces at moscow.com
[mailto:vision2020-bounces at moscow.com] On Behalf Of Ted Moffett
Sent: Friday, January 22, 2010 1:44 PM
To: roger hayes; Dan Carscallen; Nancy Chaney; pa at latah.id.us; Lindsay
McIntosh
Cc: Moscow Vision 2020
Subject: [Vision2020] Moscow City Code Requires Bicycles In Operation
ToHave Lights 24 Hours A Day?

 

I was told today by a Moscow police officer that Moscow city code
requires bicycles in operation to have lights 24 hours a day.  I have
never heard of this requirement, and so far, when checking Moscow city
code that is available online, have not located such a code rule at the
following websites, though it was updated 12/31/09, and if new code was
adopted since then, the code showing may be inaccurate.  If I missed
where in the city code at the following websites it is stated that
bicycles in operation must have lights 24 hours a day, perhaps someone
can indicate where:

 

http://www.ci.moscow.id.us/citycode/index.asp

 

http://www.ci.moscow.id.us/citycode/TITLE11/toc.asp

 

http://www.ci.moscow.id.us/citycode/TITLE11/chapter3.pdf

 

http://www.ci.moscow.id.us/citycode/TITLE11/chapter2.pdf

------------------------

Otherwise, does anyone have information regarding other websites that
might contain the Moscow city code for bicycles regarding a requirement
that bicycles in operation must have lights 24 hours a day. Or is this
particular Moscow code rule not on the Internet?

 

The Idaho code for bicycles, at the website below, states bicycles on
the highway must have a front light from sunset to sunrise, with some
exceptions.  It does not appear to specifically address, as far as I
could determine, whether bicycles operated on sidewalks must have a
light in front at night:

 

http://www.lostrivercycling.org/idcode.html

 

------------------------------------------

Vision2020 Post: Ted Moffett

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