A. BICYCLE EDUCATION and ENFORCEMENT PROGRAM (BEEP)
The purpose of BEEP is to educate bicyclists and enforce rules and regulations pertaining to the operation of bicycles, and skateboards on campus. The goal of the program is to provide a safe traffic environment so that all modes of transportation can coexist.
BEEP is a unit of the Colorado State University Police Department (CSUPD). Administration of the program is the responsibility of the BEEP Coordinator who is assigned by the Chief of Police. Enforcement is the responsibility of Patrol supervisors via the commander of the Patrol Division.
- Education - is achieved through brochures, media releases, personal contact at bicycle licensing sessions and enforcement warning periods, and a bicycle safety seminar hosted by the Choice City Coalition for Cycling (C4), among other efforts.
- Enforcement - includes targeting specific violations and/or locations as recommended by the BEEP coordinator based on violation trends, complaints, accidents, circulation patterns, road and weather conditions and other factors.
The BEEP Coordinator, with the knowledge and approval of the Chief of Police, has discretionary authority to establish police department policies and procedures consistent with the purpose and goals of the program.
B. SCOPE OF REGULATIONS
Colorado State Bicycle Regulations supplement all state laws (herein referred to as CRS), the Model Traffic Code as adopted by the City of Fort Collins (herein referred to as MTC), and all applicable City ordinances.
These Bicycle Regulations are in effect at all times and apply to all persons while on the Colorado State campus. Visitors are subject to citations that may result in an appearance before a state or municipal judge. Faculty, staff and students are subject to university violation notices that may result in an appearance before a Judicial Affairs officer and/or a Bicycle Regulations hearing officer.
C. GRANTING AUTHORITY
Colorado Revised Statute (CRS) 23-5-106 gives the governing board of any state institution of higher education the authority to promulgate rules and regulations for the safety and welfare of students, employees and property.
CRS 23-5-107 gives the governing board of any state institution of higher education the authority to promulgate rules and regulations providing for the operation and parking of vehicles upon the grounds, driveways, or roadways within the property under the control of the governing board.
Colorado State Bicycle Regulations are approved by the State Board of Agriculture in accordance with the authority granted by these statutes.
A. Bicycle means any device propelled solely by human power upon which a person can ride, which may have one or more wheels. CRS classifies a bicycle as a vehicle.
B. Skateboard means any device consisting of a footrest mounted on wheels less than fourteen inches (14") in diameter, upon which a person may ride, that is propelled solely by human power. This includes rollerskates and in-line skates (rollerblades) and scooters.
C. Bicycle License means the uniquely numbered adhesive sticker purchased from the university police department and supplied as evidence of bicycle registration.
D. Dismount Zone means and includes all areas of the University posted for no bicycle riding and marked with ground graphics and/or "Dismount" signs. All Dismount Zones apply to skateboards as well.
1. Dismount is defined as "walking beside the bicycle with both feet off the pedals at the same time."
E. Bicycle Lane means a portion of a roadway designated for bicycles distinguished by a paint stripe, ground graphics, curb or similar device.
F. Bicycle Path means a separate path, trail or portion of a sidewalk completely separated from the roadway, used primarily for bicycles.
G. Sidewalk means a pathway constructed primarily for use by pedestrians.
H. Visitor includes all persons not classified as faculty, staff or students of Colorado State University.
I. Pedestrian is any person afoot, or any person with mobility impairment who may need a mechanical device for transportation.
J. Police Bicycle is a bicycle with special equipment operated by a police officer which may be exempt from parking and moving regulations.
K. CSU Business Day is a day the University is open for business even though classes may not be scheduled.
L. Bicycle Violation Notice is the printed form completed by the police officer (or police department employee) that serves notice and information to a person alleged to have committed a violation of these Bicycle Regulations.
A. REGISTRATION REQUIRED
All bicycles ridden or parked on the Colorado State campus must be registered with the CSUPD. An exception will be made for bicyclists who are visitors to campus. The registration decal will also be known as a bicycle (or bike) license, which is valid for as long as the bike is owned by the registered owner.
B. COST
Effective August 1993 the cost of registration is $5.00. The cost is subject to change by approval of the Chief of Police.
C. TRANSFER OF REGISTRATION
If ownership of a registered bicycle changes, the new owner is to notify CSUPD if they are faculty, staff or a student of Colorado State. Registrations are not transferable and the new owner must register the bicycle under their name. The new (or previous) owner must also insure that an old bicycle license has been removed when possession of the bicycle has changed. Only one CSU bike license can be affixed to any bicycle at one time.
If a bicycle is stolen, lost or destroyed the owner should notify CSUPD so that a notation can be made on the registration form.
If the bicycle is stolen it is highly recommended that the owner make a police report.
D. REGISTRATION FORM
The registration form provided by CSUPD should be completed with all information requested. The serial number of the bicycle must be recorded. If the bicycle does not have a serial number it is the responsibility of the registrant to select a unique number and have it inscribed on the frame. A Colorado State ID number is recommended.
E. LICENSE ATTACHMENT
The license decal is supplied with an adhesive backing to be attached to the main frame on the center post of the bicycle. The license is to be affixed so that it is clearly visible.
A. MOTOR VEHICLE TRAFFIC LAWS APPLY
Every person riding a bicycle is required to obey the same applicable traffic regulations as the driver of an automobile including those set aside specifically for bi- cycles. Bicyclists and skateboarders are also required to obey all traffic control devices specific to this campus.
B. PEDESTRIAN RIGHT-OF-WAY
- Pedestrians have the right-of-way on all sidewalks and crosswalks.
- Bicyclists and skateboarders must give an audible signal before overtaking a pedestrian. An audible signal can be a bell, horn or voice - anything to alert a pedestrian of an approaching bicycle or skateboard and the direction they are going.
C. SPEED LIMITS
Bicyclists will obey the posted speed limits of 20 miles per hour on campus streets and 10 miles per hour in parking lots. When riding on a bicycle path or other area shared with pedestrians, a bicyclist or skateboarder will not exceed a speed that is reasonable and prudent with respect to visibility, traffic, weather and surface conditions, but in any case will be less than the speed allowed on campus streets and parking lots.
D. RIDING PROHIBITED
Bicyclists will use roadways, bicycle lanes and (skateboarders may use) paths and other maintained ways, unless otherwise posted, and will not infringe upon landscaped areas or any other areas that are under cultivation. This includes benches, stairs, or other architectural components.
Bicyclists will not ride on those sidewalks that are adjacent to streets, unless posted otherwise. Other sidewalks may be used providing that bicyclists yield right-of-way to pedestrians. Bicyclists and skateboarders will dismount on any sidewalk where riding is impractical due to heavy pedestrian use or other conflict.
Per university policy, skateboards or scooters may not be used inside buildings or in posted areas of the campus. Police officers or other university officials may impound a skateboard (for no longer than necessary) to determine identity of the user and/or to facilitate contact with a parent in the case of a juvenile violator.
E. RIDING AT NIGHT
When riding at night (30 minutes after sunset, continuing to 30 minutes prior to sunrise), anywhere on campus, bicycles will be equipped with a light that is visible for a distance of 500 feet to the front and a reflector that is visible from 600 feet to the rear in the lower beams of an approaching car.
F. POLICE BICYCLES
A police bicycle may be used to respond to emergencies or pursue violators. In those circumstances officers are exempt from the provisions set forth in these regulations except that they must use due regard for the safety of others (consistent with CRS 42-4-106) and give audible signals to alert others while exercising these privileges when appropriate.
A. PARKING PERMITTED
Bicycles will be parked only at bicycle racks, bicycle garages or other approved bicycle parking areas unless they are stored within the residence of the owner or authorized user. In order to promote security bicycles should be locked to the rack.
The use of bicycle racks are provided on a "first come, first served" basis. Registration of a bicycle does not guarantee a space in a bicycle rack.
Police bicycles may be parked in violation of regulations to allow officers quick response to calls/circumstances.
B. PARKING PROHIBITED
Bicycles will not be parked in any University building unless authorized.
The following areas are not to be used for bicycle parking; landscaped areas or areas under cultivation, service driveways, building entrances, driveways, bikeways, walkways, ramps or any other passageway to which emergency equipment, wheelchairs, pedestrians or service equipment may need access.
The following objects are not to be used for bicycle parking; trees, plants, signs, fences, railings, posts, fire hydrants, buildings or other objects either living or artificial other than bicycle racks or bike garages.
C. ABANDONMENT
A bicycle will be considered abandoned if it has not been moved after 7 days, and will be subject to impoundment.
D. IMPOUNDMENT/SAFEKEEPING
Violations of Colorado State bicycle regulations that create a special need for very prompt action, such as violations involving a danger to life, health, or safety, may also result in the safekeeping/impoundment of the offending bicycle.
1. When a bicycle is abandoned, found or is in violation of Colorado State bicycle regulations, any University police officer, or other person authorized by the Chief of Police, may remove the lock or securing mechanism, if necessary, and impound or provide safekeeping of the bicycle. Whenever practical a bicycle that is in violation of a Colorado State bicycle regulation will be "field impounded" (locked to a rack at the location).
2. CSUPD will use reasonable efforts to contact the owner of any impounded bicycle by written notice to the registered owner of the bicycle as shown by the CSUPD registration records.
The impoundment of a bicycle and any resulting fines or fees, may be appealed using the procedures set forth in Section VII, (C) 3 of these regulations for the handling of a Bicycle Violation Notice. Any such appeal shall address the question of whether the underlying violation on which the impoundment was based created a special need for very prompt action. Such an appeal may address, in addition to the impoundment of the bicycle, the underlying violation on which the impoundment was based. If it is determined that the impoundment was not warranted by the underlying violation (because it did not create a special need for very prompt action as set forth above), the costs of storage shall be waived.
E. LIABILITY/TAMPERING
The University will not be liable to the owner of the bicycle or owner of the lock/securing mechanism for the cost of repair or replacement of any property caused as a result of safekeeping/impoundment. Tampering with a bicycle (and/or police department lock) that has been impounded may subject the owner or other person to additional sanctions, including criminal charges.
F. RELEASE
The release of a impounded bicycle requires a person to:
- provide proof of ownership,
- pay impound fees (see FINES/FEES {paragraph VI}),
- pay any outstanding violation notices,
- register the bicycle (if necessary).
Impounded bicycles will be held for a minimum of 90 days before being sent to Surplus Property for disposal at auction. A reasonable attempt will be made to contact the owner during this time. Severely damaged or inoperable bicycles will be disposed of within 30 days.
A. SAFETY VIOLATIONS
The following actions are considered to be safety violations and subject the violator to a $15.00 fine;
- Riding in a Dismount Zone
- Failure to obey traffic control device (to wit: STOP - Do Not Enter)
- Rode the wrong way on a one way street or zone
- Rode without lighting equipment
- Riding double (single seat bicycle)
- Failed to yield right-of-way
- Failed to signal
- Clinging to moving vehicle
- Riding on/in a landscaped area
- Riding on a sidewalk as described in IV (D)
Other moving violations, as defined by CRS and MTC, are considered safety violations as well and may be cited by the officer.
More than one safety (and/or parking) violation can be cited on the same Violation Notice.
B. ACCIDENTS
All traffic accidents involving a bicycle are subject to a police investigation if required by law. Bicyclists may be subject to a county or municipal summons in these cases. In those cases where formal investigation is not required and the accident is a result of a safety violation, the fine will be doubled for that violation only.
C. PARKING VIOLATIONS
The following actions are considered to be parking violations and subject the violator to a $8.00 fine;
- Operated or parked without a required license
- Parked in a university building or other no parking area as described in paragraph V (B).
D. OTHER VIOLATIONS
Attached bicycle to a handicap ramp/accessway - $25.00.
Provided false information/identification - $50.00.
Disobeyed a police officer - $50.00.E. OTHER SANCTIONS
In addition to the issuance of a Bicycle Violation Notice violators may also be referred for appropriate University discipline within their constituency groups for repeated violations, personal conduct or other issues of concern.
1. Impounded Bikes - $15.00
2. Lock Cuts - $5.00
G. FINE/FEE SCHEDULES
Fines for violations of bicycle regulations were established and approved August 1, 1993. Changes to the fine schedule can be requested of the State Board of Agriculture via recommendations of the BEEP Advisory Board and Chief of Police.
Fees for police department services are set by the Chief of Police. Impound fees include storage charges and a fee for removing a lock or securing mechanism.
A. PAYMENT
The fine can be paid within eight (8) CSU business days of the issuance of the notice.
B. APPEAL PROCESS
The Bicycle Violation Notice may be appealed in one of the following two ways:
1. Written Appeal - A written appeal must be filed to the BEEP coordinator within eight (8) CSU business days of issuance of the Bicycle Violation Notice. Initiation of an appeal stays the penalty until a ruling is made. A hearing referee will consider the written appeal and information on the notice, including written comments by the officer, and make a decision to uphold the charge or dismiss the notice.
Written appeals will be considered during the next scheduled oral appeals session. The person appealing will be notified of the decision by mail.
2. Oral Hearing - the person appealing may choose to have an oral hearing before the hearing referee. A request for an oral appeal must be filed to the BEEP coordinator within eight (8) CSU business days. A request for an oral appeal stays the penalty until a ruling is made or the person fails to appear at the hearing. The person appealing will be notified of the time and location of the hearing.
The person appealing will be able to present evidence and/or witnesses. The officer that issued the Bicycle Violation Notice may be called to testify but is not required to attend unless the person appealing requests otherwise. A hearing referee may consider information on the notice including written comments made by the officer. The burden of proof in the appeal rests with the officer or employee signing the notice.
If an officer is requested to attend an oral hearing s/he will be given a minimum of five (5) CSU business days notice (by BEEP staff) and the appeal will be scheduled accordingly.
3. Impoundment appeals - are handled in the same manner as bicycle violation notice appeals. A bicycle owner may make a written or oral appeal to recover any fees that were charged as a result of their bicycle being impounded. To be able to file an appeal fees and fines must be paid prior to the bicycle being released.
4. Hearing fees - a hearing fee of up to $10.00 per Bicycle Violation Notice (to a maximum of $25.00 per appeal hearing) will be assessed for notices that are upheld in the hearing process. This applies to both written and oral appeals.
5. Closure - the hearing referee's decision on the matter in both written and oral appeals is final and not subject to additional administrative appeal.
C. ADDITIONAL SANCTIONS
If the fine is not paid, an appeal filed, or the person fails to sign up for a safety seminar within eight (8) CSU business days of issuance of a Violation Notice, the fine will double. Delinquent faculty and staff fines will be deducted from the employee's paychecks. Delinquent student fines will be sent to Accounts Receivable for collection and/or may subject the student to denial of registration, transcripts and diplomas.