The following was extracted from a May 2003 search through the complete code of ordinances. Most of the relevant material is in Chapter 45, Traffic, Section XII. Click on a link below to jump to the a division of this section.

• Division 1. Generally. - riding on sidewalk prohibited
• Division 2. Registration. - it is a little known fact that you are required to register your bike. It costs $1 and chances are nobody at the fire station (where you it is done!) can find the forms you'll need to fill out
• Division 3. Bicycle Helmets. - Bicycle helmets are required for any person under 18 years of age. Dealers must provide the helmets and notice of this law! There is a helmet fund to provide helmets for low-income families.

Division 1. Generally

Sec. 45-301. Authority to prohibit riding on roadways.

The traffic engineer is authorized to erect signs on any roadway prohibiting the riding of bicycles thereon and, when such signs are in place, no person shall disobey the same.

(Code 1968, § 46-284)

Sec. 45-302. Riding on sidewalks.

(a) No person shall ride a bicycle upon a sidewalk within a business district.

BikeHouston Editor's note: "a business district" is not defined in the code of ordinances.

(b) The traffic engineer is authorized to erect signs on any sidewalk outside a business district prohibiting the riding of bicycles thereon by any person and, when such signs are in place, no person shall disobey the same.

(c) Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing any pedestrian.

(Code 1968, § 46-285)

Division 2. Registration

Sec. 45-311. Required.

(a) It shall be unlawful for any person to operate a bicycle wholly or in part by muscular power within the city unless such bicycles is registered with the city as provided in this division.

(b) Any person operating a bicycle which is owned by a nonresident of the city and which is currently licensed pursuant to the requirements of any other Texas municipality shall be exempt from subsection (a).

(c) The term "operate" as used in this section shall mean to ride, walk with, park, stand, or be in possession of; excluded from the meaning of this term shall be in the possession of bicycles held for sale by one who engages in the business of the retail or wholesale sale of bicycles.

(Code 1968, § 46-289; Ord. No. 72-1598, § 1(1), 9-6-72)

Sec. 45-312. Administration.

The police department shall administer the provisions of this division except where hereinafter otherwise provided. The police chief or his authorized agent shall issue consecutively numbered books of bicycle licenses to the fire chief or his authorized agent. The officer in charge of each fire station shall be responsible for registration, issuance of licenses or decals and the collection of moneys as provided for in this division.

(Code 1968, § 46-290; Ord. No. 72-1598, § 1(2), 9-6-72)

Sec. 45-313. Procedures, fees, etc.

Bicycles shall be registered at any fire station in the city pursuant to the following terms, conditions and requirements:

(1) The bicycle shall be brought to the fire station.

(2) A registration form provided by the city shall be filled out and signed by the owner of the bicycle.

(3) A registration fee of $1.00 shall be paid in advance.

(4) As evidence of the completion of the above paragraphs, the city shall provide a decal or license plate which shall be permanently affixed to the bicycle according to specifications established by the police department. The city shall also furnish the owner with a registration card.

(Code 1968, § 46-291; Ord. No. 72-1598, § 1(3), 9-6-72)

Sec. 45-314. Registration to be permanent until change of ownership.

The registration of a bicycle shall be permanent so long as the ownership thereof remains in the person registering the bicycle. Upon any change of ownership, the bicycle shall be registered in the name of the new owner in accordance with the requirements of this division.

(Code 1968, § 46-292; Ord. No. 72-1598, § 1(4), 9-6-72; Ord. No. 74-1732, § 1, 10-1-74)

Sec. 45-315. Removal, destruction, etc. of manufacturer's serial number, license plate or license decal.

It shall be unlawful for any person to willfully or maliciously remove, destroy, deface or alter the manufacturer's serial number on the frame of any bicycle, or the license plate or license decal applied or attached to any bicycle registered under this division, while such plate or decal is valid. Violation of this section shall be punished as provided by section 1-6 of this Code.

(Code 1968, § 46-293; Ord. No. 72-1598, § 1(5), 9-6-72; Ord. No. 92-1449, § 63, 11-4-92)

Charter references: Penalty for ordinance violation, Art. II, § 12.

Cross references: Assessment of fines against corporations, § 16-76; payment of fines, § 16-78; credit against fines for incarceration, § 35-6 et seq.

Sec. 45-316. Sale or transfer of ownership of bicycle.

It shall be the duty of any person who sells or transfers ownership of any bicycle registered under this division to report such sale or transfer, within ten days thereof, to the police department of the city by returning the registration card together with the name and address of the person to whom the bicycle was sold or transferred. It shall be the duty of the purchaser or transferee of any bicycle to register same according to the provisions of section 45-313 of this Code, within 20 days of the sale or transfer.

(Code 1968, § 46-294; Ord. No. 72-1598, § 1(6), 9-6-72)

Sec. 45-317. Reports of bicycles permanently removed from operation.

Within ten days after any bicycle licensed under this division shall have been dismantled, destroyed or otherwise permanently removed from operation, such information shall be reported to the police department by the person in whose name the bicycle was last registered.

(Code 1968, § 46-295; Ord. No. 72-1598, § 1(7), 9-6-72)

Sec. 45-318. Monthly reports of dealers.

Every person engaged in the business of buying, selling, trading or otherwise exchanging new or used bicycle or bicycle frames shall make a monthly report to the chief of police of every bicycle or bicycle frame bought, sold, or otherwise acquired or transferred, giving the name and address of the person from whom acquired or to whom transferred, a description of such bicycle or bicycle frame by name or make, the manufacturer's serial number and the license number, if any, found thereon. Any violation of this section shall be punished as provided by section 1-6 of this Code.

Sec. 45-319. Responsibility of parents or guardians; penalty.

It shall be unlawful for any person to commit, or for the parent or guardian of any minor to knowingly allow or permit their child or ward to commit any act forbidden by this division or to fail to do any act required by this division. Unless expressly provided otherwise in this division, a violation of this division shall be punishable by a fine of not more than $5.00.

(Code 1968, § 46-297; Ord. No. 72-1598, § 1(9), 9-6-72; Ord. No. 72-2309, § 1, 12-20-72)

Charter references: Penalty for ordinance violation, Art. II, § 12.

Cross references: Assessment of fines against corporations, § 16-76; payment of fines, § 16-78; credit against fines for incarceration, § 35-6 et seq.

DIVISION 3. BICYCLE HELMETS

Sec. 45-325. Definitions.

In this division the following words and terms shall have the meanings ascribed to them in this section, unless the context of their usage clearly indicates another meaning:

Child means any person under 18 years of age.

Dealer means any commercial establishment that sells or leases new or used bicycles, whether as its principal business activity or in connection with the selling or leasing of other merchandise, from a place of business within the city.

Fund means the bicycle helmet fund created under section 45-329 of this Code.

Helmet means a properly fitted bicycle helmet that is not structurally damaged and that conformed to the standards of the American National Standards Institute, the American Society for Testing and Materials, the Snell Memorial Foundation or any federal agency having regulatory jurisdiction over bicycle helmets, as applicable, at the time of the manufacture of the helmet.

Parent means the natural or adoptive parent or court-appointed guardian or conservator of a child.

Public way means any property that is publicly owned or maintained, including, but not limited to, a "street or highway" as defined in section 45-2 of this Code, a publicly maintained trail, and any public parks facility.

Wearing a helmet means that the person has a helmet fastened securely to his head with the straps of the helmet securely tightened.

(Ord. No. 95-813, § 1, 7-12-95)

Sec. 45-326. Helmet required.

(a) It is unlawful for any child to operate or ride upon a bicycle or any side car, trailer, child carrier, seat or other device attached to a bicycle unless the child is wearing a helmet.

(b) It is unlawful for a parent to suffer or permit a child under 14 years of age to operate or ride upon a bicycle or any side car, trailer, carrier, seat or other device attached to a bicycle unless the child is wearing a helmet.

(c) It is a defense to prosecution that the bicycle was not being operated upon a public way at the time of the alleged offense.

(d) It is an affirmative defense to prosecution under this section, upon first offense only, that the person owns or has acquired a helmet prior to the court hearing and promises the court that the helmet will be used in the future.

(Ord. No. 95-813, § 1, 7-12-95)

Sec. 45-327. Sale or lease of bicycles by dealers.

(a) It shall be unlawful for any dealer to sell a bicycle, bicycle side car, trailer or child carrier without providing a written statement to the purchaser advising of the terms of this division. The statement shall be in a form promulgated by the chief of police. Upon request, the chief of police shall provide a sample of the required form to a dealer. However, printing of distribution copies shall be at the dealer's expense.

(b) It shall be unlawful for any dealer to lease a bicycle to any person without providing a helmet for the use of each child who will operate or ride upon the bicycle or determining that each child who will operate or ride upon the bicycle has a helmet available. The dealer may impose an additional fee for use of the helmet if the dealer sells or leases a helmet to the bicycle lessee.

(Ord. No. 95-813, § 1, 7-12-95)

Sec. 45-328. Penalty.

(a) Any person who violates any provision of this division shall be guilty of a misdemeanor and upon conviction shall be fined an amount not exceeding $50.00 upon first conviction and an amount not exceeding $100.00 upon the second and each subsequent conviction.

(b) The purpose of this division is to encourage the use of helmets. In keeping with that purpose, the municipal courts are urged to consider deferred dispositions under article 45.54 of the Texas Code of Criminal Procedure whenever the circumstances warrant deferred dispositions. Conditions of the deferral may include that the defendant, if financially able, has obtained a helmet and has agreed to make a contribution in support of the fund.

Sec. 45-329. Bicycle helmet fund.

(a) The bicycle helmet fund is hereby created. The fund shall accept donations of helmets and money to be used for the purchase of helmets. All monetary gifts to the fund shall constitute a trust that shall be deposited in the city's trust and agency account, which may be invested as provided in chapter 104 of the Texas Local Government Code.

(b) The fund shall be used exclusively for the purpose of providing bicycle helmets for the use of members of "very low income families" as defined in 24 Code of Federal Regulations, section 813.102, as computed for the city for purposes of section 8 of the United States Housing Act of 1937. The directors of the parks and recreation department and the health and human services department shall jointly administer the fund and shall promulgate rules and procedures for the distribution of helmets. Helmets shall be provided on a first-come-first-served basis to the extent of available supply.

(Ord. No. 95-813, § 1, 7-12-95)