This section adds a new section to an existing chapter 36.75. Here is the modified chapter for context.
A rural county may adopt, by ordinance, a requirement for a bicycle tour permit for the use and enjoyment of public roads, trails, and paths within the county by groups of six or more bicyclists that are not family members and who do not reside in the same household, and in which an individual, group, or entity has been compensated to organize or lead the bicycle group. In adopting a bicycle tour permit requirement, the county may:
Require the group applying for the permit to designate the routes that the group will be using as well as the date and time of the ride. The county may reject a proposed route, or propose an alternative route, if the original proposed route would delay or hinder road construction or other prescheduled activities planned on a public road;
Require, if determined by the county to be necessary for public safety or an orderly transit by the group, that a sheriff's deputy or other law enforcement official escort the group while using county roads;
Charge a fee for the permit. The fee may be based upon the size of the group and the route that will be taken. The county may not set the fee for the permit at a rate greater than that reasonably necessary to recover the costs of administering and enforcing the permit and of providing the public services, including, if necessary, a sheriff's deputy or other law enforcement escort, that are available during the tour to the group;
Require a damage deposit before the issuance of a permit for groups of more than 50 persons. The damage deposit may be used by the county to repair, replace, or otherwise remedy any physical damage caused by the bicycle group. The damage deposit required for a permit may not exceed $20 per person in the group. Any portion of the damage deposit not reasonably used to repair, replace, or otherwise remedy physical damage must be returned to the person, or persons, that made the deposit within 30 days of the permitted group's use of the permit;
Establish dates and times for which the permit is valid;
Provide either a paper permit, or an electronic permit that can be displayed on a cellular phone or portable electronic device, that is to be in the possession of the permittee when using the designated route;
Establish a civil penalty for violating bicycle tour permit requirements, or for lacking a bicycle tour permit when required, provided that any such penalty not exceed $250 per individual violator for each violation; and
Adopt a presumption that any bicyclists that are not family members and who do not reside in the same household, who are riding in a group of six or more with a guide or other person paid to lead a group of riders, present are subject to the bicycle tour permit requirements.
A county adopting a bicycle tour permit requirement may enter into an interlocal agreement with a city or town within the county for the county's bicycle tour permit requirements to apply to roads, trails, and paths owned or maintained by the city or town. The interlocal agreement must include an agreed division of revenue from any permits applied for within the city or town, and the fee charged for a bicycle tour permit for a route within a city or town may not exceed that charged elsewhere in the county.
A county may waive the bicycle tour permit fee, as may be provided in the enacting ordinance.
For the purposes of this section:
"Rural county" means a county with a population density of less than 100 persons per square mile or a county smaller than 225 square miles as determined by the office of financial management and published each year by the department for the period July 1st to June 30th.
"Family members" means children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, aunts, uncles, and those legally married to or in a state registered domestic partnership with one another.
This section adds a new section to an existing chapter 35.75. Here is the modified chapter for context.
Any city or town may adopt, by ordinance, a requirement for a bicycle tour permit for the use and enjoyment of public roads, trails, and paths within the city or town by groups of six or more bicyclists that are not family members and who do not reside in the same household. In adopting a bicycle tour permit requirement, the city or town may:
Require the group applying for the permit to designate the roads, trails, or paths that the group will be using as well as the date and time of the ride. The city or town may reject a proposed route, or propose an alternative route, if the original proposed route would delay or hinder road construction or other prescheduled activities planned on a public road;
Require that a sheriff's deputy or other law enforcement official, if determined by the city or town to be necessary for public safety or an orderly transit by the group, escort the group while using county roads;
Charge a fee for the permit. The fee can be based upon the size of the group and the route that will be taken. The city or town may not set the fee for the permit at a rate greater than that reasonably necessary to recover the costs of administering and enforcing the permit and of providing the public services, including, if necessary, a sheriff's deputy or other law enforcement escort, that are available during the tour to the group;
Require a damage deposit before the issuance of a permit for groups of more than 50 persons. The damage deposit may be used by the city or town to repair, replace, or otherwise remedy any physical damage caused by the bicycle group. The damage deposit required for a permit may not exceed $20 per person in the group. Any portion of the damage deposit not reasonably used to repair, replace, or otherwise remedy physical damage must be returned to the person, or persons, that made the deposit within 30 days of the permitted group's use of the permit;
Establish dates and times for which the permit is valid;
Provide either a paper permit, or an electronic permit that can be displayed on a cellular phone or portable electronic device, that is to be in the possession of the permittee when using the designated roads, trails, or paths;
Establish a civil penalty for violating bicycle tour permit requirements, or for lacking a bicycle tour permit when required, provided that any such penalty not exceed $250 per individual violator for each violation; and
Adopt a presumption that any bicyclists that are not family members and who do not reside in the same household, who are riding in a group of six or more with a guide or other person paid to lead a group of riders, present are subject to the bicycle tour permit requirements.
A city or town adopting a bicycle tour permit requirement may enter into an interlocal agreement with a county for the county's bicycle tour permit requirements to apply to roads, trails, and paths owned or maintained by the city or town. The interlocal agreement must include an agreed division of revenue from any permits applied for within the city or town, and the fee charged for a bicycle tour permit for use within a city or town may not exceed that charged elsewhere in the county.
A city or town may waive the bicycle tour permit fee, as may be provided in the enacting ordinance.
For the purposes of this section, "family members" means children, stepchildren, grandchildren, great grandchildren, parents, stepparents, grandparents, great grandparents, siblings, aunts, uncles, and those legally married to or in a state registered domestic partnership with one another.
This section adds a new section to an existing chapter 35A.47. Here is the modified chapter for context.
A code city may adopt an ordinance to issue a bicycle tour permit and to charge associated fees as provided for in section 2 of this act.