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SEOUL METROPOLITAN GOVERNMENT ORDINANCE TO PROMOTE USE OF BICYCLES

CHAPTER I GENERAL PROVISIONS Article 1 (Purpose) The purpose of this Ordinance is to provide for matters delegated pursuant to the Act on Promotion of the Use of Bicycles and the Enforcement Decree of the said Act and matters necessary for the enforcement thereof, contributing to promoting use of bicycles.

Article 2 (Definitions)The 1. The term "facilities for the use of bicycles" means facilities defined in Article 2 of the Act on Promotion of the Use of Bicycles (hereinafter referred to as the "Act") and the following facilities under subparagraphs 2 through 4: <Amended by Ordinance No. 4760, Apr. 22, 2009>
2. The term "bicycle depository" means a facility equipped with devices and equipment for parking and storing bicycles to serve as a depository (excluding standard bicycle parking racks); <Amended by Ordinance No. 4760, Apr. 22, 2009>
3. The term "bicycle repair center" means a facility for checking for defects in a bicycle and repairing broken-down parts; <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5148, Jul. 28, 2011>
4. The term "bicycle rental shop" means a facility in which bicycles are lent, with or without charge, to persons who intend to use a bicycle; <Amended by Ordinance No. 4760, Apr. 22, 2009>
5. The term "public bicycle" means a bicycle provided to citizens with or without charge, which is managed by the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government"); <Newly Inserted by Ordinance No. 5173, Sep. 29, 2011>
6. The term "unmanned Rental System of Public Bicycles" means the unmanned system in which citizens can rent or return public bicycles provided by the Seoul Metropolitan Government; <Newly Inserted by Ordinance No. 5173, Sep. 29, 2011>
7. The term "non-governmental organization for the use of bicycles" means an organization registered with the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government") pursuant to Article 4 of the Assistance for Non-Profit, Non-Governmental Organizations Act as one mainly engaged in business activities for improving the environment for the use of bicycles and expanding the base for the use of bicycles. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5173, Sep. 29, 2011>

Article 3 (Responsibilities of Mayor of Seoul Metropolitan Government) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall establish, maintain, and manage facilities for the use of bicycles with participation and cooperation of citizens using bicycles, and shall develop and implement various policies for securing safety in the use of bicycles, improving conditions for the use, and promoting the use of bicycles. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(2) The Mayor may give priority to the installation of bicycle-only lanes when he/she implements an urban planning project under the National Land Planning and Utilization Act. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 4858, Sep. 29, 2009>
(3) The head of each autonomous Gu shall take measures for improving facilities for the use of bicycles and promoting the safety and convenience of bicycle users, prepare and preserve a register of bicycle lanes, and sincerely carry out works such as the registration of bicycles and the disposal of illegally abandoned bicycles. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(4) A person who establishes and operates a facility for the use of bicycles under Article 2 shall exercise due care as a fiduciary in compliance with relevant statutes and regulations, and municipal ordinances in managing and operating the facility for the use of bicycles. <Amended by Ordinance No. 4760, Apr. 22, 2009>

Article 3-2 (Installation of Bicycle Lanes) (1) When the Mayor and the head of an autonomous Gu install bicycle lanes pursuant to Article 12 of the Act, they shall reflect the following matters in design: <Newly Inserted by Ordinance No. 4858, Sep. 29, 2009>
1. A scheme for installing bicycle lanes along internal and external roads in a redevelopment area, a housing site development area, or a housing environment improvement area; <Newly Inserted by Ordinance No. 4858, Sep. 29, 2009>
2. A scheme for linking bicycle lanes to subways, schools, public institutions, and shopping centers; <Newly Inserted by Ordinance No. 4858, Sep. 29, 2009>
3. A scheme for installing bicycle lanes when a new road is built or a road is widened. <Newly Inserted by Ordinance No. 4858, Sep. 29, 2009>

Article 4 (Rights and Obligations of Citizens) (1) Every citizen residing in the City shall have the following rights and obligations: <Amended by Ordinance No. 4760, Apr. 22, 2009>
1. The right to use a bicycle safely and conveniently;
2. The right to know about the establishment and implementation of policies on the improvement of conditions for the use of bicycles;
3. The obligation to participate and cooperate in the implementation of policies on the promotion of use of bicycles.
(2) A citizen using a bicycle shall comply with statutes and regulations regarding road traffic and be aware of pedestrians in operating the bicycle so as to prevent any hazard to pedestrians and shall be equipped with safety devices in operating a bicycle in order to prevent safety accidents according to conditions of the facilities that he/she intends to use. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(3) No citizen using a bicycle shall abandon the bicycle unlawfully at any place other than a bicycle parking rack or a bicycle depository. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(4) A person operating an automobile shall care about bicycle riders by priority in compliance with statutes and regulations regarding road traffic in operating the automobile to prevent any hazard to bicycle riding. <Newly Inserted by Ordinance No. 4858, Sep. 29, 2009>

CHAPTER II IMPROVEMENT OF FACILITIES FOR USE OF BICYCLES Article 5 (Cycle of Establishment of Promotion Plans) The Mayor shall establish a plan to promote the use of bicycles (hereinafter referred to as "promotion plan") under Article 5 of the Act on Promotion of the Use of Bicycles (hereinafter referred to as the "Act") every five years and shall establish an implementation plan for each year. <Amended by Ordinance No. 5148, Jul. 28, 2011>

Article 6 (Establishment and Implementation of Guidelines for Improvement of Facilities for Use of Bicycles) The Mayor shall establish and implement guidelines for the improvement of facilities for the use of bicycles, including the following matters:
1. Segmentation of guidelines for improvement of each type of bicycle lanes and by local features, such as rivers and parks;
2. The time to replace facilities for the use of bicycle lanes, such as pavement, lanes, and signs, and guidelines for the maintenance and management of bicycle lanes;
3. Guidelines for the installation and management of bicycle ramps to overpasses and underpasses;
4. Other guidelines for the installation and management of safety facilities considered necessary for the safety of bicycle users.

CHAPTER III INSTALLATION AND OPERATION OF BICYCLE PARKING RACKS Article 7 (Installation of Bicycle Parking Racks) (1) The Mayor shall install bicycle parking racks under Article 11 of the Act and Article 7 of the Enforcement Decree of the Act (hereinafter referred to as the "Decree") preferentially at a place where many bicycles are used or are expected to be used, such as a park, river, subway station, bus stop, and public building. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(2) The area for bicycle parking racks installed pursuant to paragraph (1) shall be equivalent to 5 percent of the total area of outdoor parking lots or on-street parking lots. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5148, Jul. 28, 2011>
(3) Deleted. < by Ordinance No. 5148, Jul. 28, 2011>

Article 8 (Maintenance and Management of Bicycle Parking Racks) (1) A person who installs and manages bicycle parking racks shall fulfill his/her duty of due care as a fiduciary in accordance with statutes and regulations, and municipal ordinances in maintaining and managing the bicycle parking racks. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(2) A person who installs and manages bicycle parking racks shall inspect and repair facilities for the use of bicycles, such as devices for parking bicycles, at all times so that bicycle users can use the bicycle parking racks safely and conveniently. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(3) A person who installs and manages bicycle parking racks shall maintain and manage bicycle parking racks and bicycles parked therein to prevent urban landscape from being degraded. <Amended by Ordinance No. 4760, Apr. 22, 2009>

Article 9 (Parking Fees for Bicycles) (1) Parking at a bicycle parking rack installed pursuant to Article 11 (1) of the Act shall be free of charge: Provided, That parking fees may be charged at rates prescribed by rule within the limits under the attached Table, if the management and operation of bicycle parking racks are entrusted to a non-governmental organization or in any other extenuating circumstance. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(2) If parking racks installed in accordance with Article 11 (2) of the Act are subsidized by the Seoul Government, parking at such parking racks shall be free of charge. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 6016, Oct. 8, 2015>

Article 10 (Operation of Bicycle Parking Racks, etc.) (1) A person who installs and manages parking racks shall allow bicycles registered pursuant to Article 22 of the Act to park preferentially at the parking racks. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(2) If a person who installs and manages parking racks discovers any bicycle parked and abandoned for ten days or more at the same place, the person may check with the owner or depositor of the bicycle whether the bicycle has been illegally abandoned and may dispose of it in accordance with Article 20 of the Act and Article 11 of the Decree, if it is found that the bicycle is illegally abandoned. <Amended by Ordinance No. 4760, Apr. 22, 2009>

CHAPTER IV POLICIES ON PROMOTION OF USE OF BICYCLES Article 11 (Installation of Bicycle Depositories, Repair Centers, etc.) (1) If a place where many bicycles are used or are expected to be used has no parking rack or has an insufficiently large rack, the Mayor shall install a bicycle depository to promote the use of bicycle. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(2) The Mayor shall install and operate a bicycle repair center in a bicycle depository that can accommodate 500 or more bicycles.<Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5148, Jul. 28, 2011>
(3) The Mayor may install and operate a bicycle depository, a bicycle rental shop, and a bicycle repair center at a place where there is considerable demand for the use of bicycles, such as a subway station, bus stop, park, river, public office building, large distribution or sales facility, collective housing complex, and large building with an area of 3,000 square meters or larger. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 4858, Sep. 29, 2009; Ordinance No. 5259, Mar. 15, 2012>
(4) Where a non-governmental organization or any person other than the Mayor installs and operates a bicycle depository, a repair center, or a rental shop, a subsidy or a loan may be granted to such an organization or a person, within the budget, for expenses incurred therein. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5259, Mar. 15, 2012>
(5) With respect to user fees and the method of operation applicable to bicycle depositories, repair centers, and rental shops, the Mayor may establish separate guidelines by applying the guidelines for bicycle parking racks mutatis mutandis. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5259, Mar. 15, 2012>

Article 12 (Integrated Operation of Bicycle Parking Racks, Depositories, Repair Centers, and Rental Shops) In order to promote the use of bicycles by living space or by zone of recreation activities (hereinafter referred to as "zones"), the Mayor shall develop and implement a policy on the integrated operation of bicycle parking racks, depositories, repair centers, and rental shops by zones. <Amended by Ordinance No. 5148, Jul. 28, 2011>

Article 12-2 (Installment and Operation of Public Bicycles and Unmanned Rental System of Public Bicycles) (1) The Mayor may prepare public bicycles and establish and operate facilities in which citizens can rent such bicycles, in an effort to promote the use of bicycles. In such cases, the Mayor may establish and operate the unmanned rental system of public bicycles, which can be used interchangeably between rental shops of public bicycles.
(2) The Mayor may entrust the installation and management of the public bicycle system, etc. under paragraph (1) to public institutions or the civil sector and grant subsidies to such institutions, etc. within the budget.
(3) Other matters necessary for the methods of installing or operating the public bicycle rental shops or usage fees shall be separately prescribed by the Mayor.
[This Article Newly Inserted by Ordinance No. 5173, Sep. 29, 2011]

Article 13 (Installation and Operation of Places for Experience and Education on Safety in Bicycle Traffic) (1) In order to provide students and citizens using bicycles with educational programs necessary for the proper use of bicycles, the Mayor may install and operate places for experience and education on safety in bicycle traffic. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(2) The Mayor may install and operate a bicycle repair center in a place for experience and education on safety in bicycle traffic for repairing and temporary deposit of bicycles. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5148, Jul. 28, 2011>
(3) Where a non-governmental organization or any person, other than the Mayor, installs and operates a facility such as a place for experience and education on safety in bicycle traffic and a bicycle repair center, a subsidy or a loan may be granted to such an organization or a person, within the budget, for expenses incurred therein. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5259, Mar. 15, 2012>

Article 14 (Designation and Operation of Model Institutions) (1) The Mayor may designate a public institution, private enterprise, school, or non-governmental organization as a model institution in order to make the use of bicycles as a way of life. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(2) The Mayor may provide administrative or financial support to model institutions designated pursuant to paragraph (1) for installing bicycle depositories, repair centers and other facilities. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5148, Jul. 28, 2011>
(3) When the Mayor designates a school as a model school for the use of bicycles, he/she shall install traffic safety signs and safety facilities preferentially on the roads that students mainly use for commuting to school. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(4) If necessary to support model institutions designated pursuant to paragraph (1), the Mayor shall seek a scheme for supporting them with full cooperation from neighboring local governments. <Amended by Ordinance No. 4760, Apr. 22, 2009>

Article 15 (Support of Bicycle Users) (1) The Mayor shall take measures actively for supporting bicycle users in order to promote the use of bicycles. <Amended by Ordinance No. 4760, Apr. 22, 2009>
(2) As to a bicycle user who has his/her bicycle registered with the competent autonomous Gu pursuant to Article 22 of the Act to make it possible to ascertain the use, the Mayor may provide benefits, such as discount of charges for the use of facilities, such as bicycle parking racks, depositories, and repair centers directly run by the Mayor or entrusted to a non-governmental organization or other person; <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5148, Jul. 28, 2011>
(3) The Mayor may provide users of a combination of bicycles and mass transit including subways or buses, with incentives such as mileages within the budget pursuant to paragraph (1). <Newly Inserted by Ordinance No. 5259, Mar. 15, 2012>

Article 16 (Support of Non-Governmental Organizations, etc.) The Mayor may subsidize a non-governmental organization or similar organization that develops and implements measures for promoting the use of bicycles for expenses therefor or assist them in matters necessary for performing such activities.

Article 17 (Commemorative Week of Cycling Day) The Mayor may hold various events on Cycling Day or April 22, and during the week in which such day falls every year, in order to advocate the importance of using bicycles and create an atmosphere for using bicycles as a way of life, pursuant to Article 2-3 (2) of the Decree. <Amended by Ordinance No. 6016, Oct. 8, 2015>
[This Article Wholly Amended by Ordinance No. 5259, Mar. 15, 2012]

CHAPTER V SUPPLEMENTARY PROVISIONS Article 18 (Delegation or Entrustment of Authority) (1) The Mayor may delegate his/her authority for the management of bicycle parking racks, depositories, repair centers, rental shops, and places for experience and education on safety in bicycle traffic, which are installed pursuant to a relevant statute or regulation, or municipal ordinance, to the head of the autonomous Gu where such facilities are installed or may entrust the management of such facilities to a non-governmental organization or any other similar organization that participates in promoting use of bicycles. <Amended by Ordinance No. 4760, Apr. 22, 2009; Ordinance No. 5148, Jul. 28, 2011>
(2) If necessary to implement policies on the promotion of use of bicycles efficiently, the Mayor may require the delegatee or trustee to report on matters regarding facilities and the operation of such facilities or assign competent public officials of the Seoul Government to investigate or inspect account books or documents. <Amended by Ordinance No. 4760, Apr. 22, 2009>

Article 19 (Enforcement Rule) Necessary matters regarding the enforcement of this Ordinance shall be prescribed by rule.

ADDENDUM
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4760, Apr. 22, 2009>
Article 1 (Enforcement Date)
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 4858, Sep. 29, 2009>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5148, Jul. 28, 2011>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5173, Sep. 29, 2011>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 5259, Mar. 15, 2012>
This Ordinance shall enter into force on the date of its promulgation.
ADDENDUM <Ordinance No. 6016, Oct. 08, 2015>
This Ordinance shall enter into force on the date of its promulgation.