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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 mandated by the Promotion of the Use of Bicycles Act and the Enforcement Decree of the same Act and matters necessary for the enforcement thereof, contributing to promoting the use of bicycles.

Article 2 (Definitions) The terms used in this Ordinance shall be defined as follows: <Amended by Ordinance No. 5148, Jul. 28, 2011; Ordinance No. 5173, Sep. 29, 2011; Ordinance No. 6978, Jan. 3, 2019>
1. The term "facilities for bicycle riding" means facilities defined in Article 2 of the Promotion of the Use of Bicycles Act (hereinafter referred to as the "Act") and the facilities referred to in subparagraphs 2 through 4;
2. The term "bicycle depository" means a facility equipped with devices and equipment for parking and storing bicycles to serve as a depository (excluding bicycle racks);
3. The term "bicycle repair center" means a facility for checking for defects in a bicycle and repairing broken-down parts;
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;
5. The term "public bicycle" means a bicycle provided for the use of citizens with or without charge, which is managed by the Seoul Metropolitan Government (hereinafter referred to as the "Seoul Government");
6. The term "unmanned public bicycle rental system" means an unmanned system in which public bicycles provided for the use of citizens by the Seoul Metropolitan Government can be rent or returned;
7. The term "non-governmental organization for the use of bicycles" (hereinafter referred to as "non-governmental organization") 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;
8. The term "mobility disadvantaged person" means a person under subparagraph 1 of Article 2 of the Act on Promotion of the Transportation Convenience of Mobility Disadvantaged Persons.
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

Article 3 (Responsibilities of Mayor of the Seoul Metropolitan Government) (1) The Mayor of the Seoul Metropolitan Government (hereinafter referred to as the "Mayor") shall establish, maintain, and manage facilities for bicycle riding with participation and cooperation of citizens using bicycles, and shall develop and implement various policies for promoting the use of bicycles, such as for ensuring safety in and improving conditions for the use of bicycles.
(2) The Mayor may give priority to the installation of bicycle-only lanes when he or she implements an urban planning project under the National Land Planning and Utilization Act. <Amended by Ordinance No. 4858, Sep. 29, 2009>
(3) The Mayor may expand relevant equipment and facilities in order to prevent discrimination when mobility disadvantaged persons, such as the elderly and the infirm, use bicycles. <Newly Inserted by Ordinance No. 6978, Jan. 3, 2019>
(4) The Mayor shall conduct active promotion, education, campaign, etc. to ensure that bicycle riders do not ride bicycles under the influence of alcohol. <Newly Inserted by Ordinance No. 6978, Jan. 3, 2019>
(5) The head of each autonomous Gu shall take measures for improving facilities for bicycle riding and promoting the safety and convenience of bicycle users, and shall prepare and retain a register of bicycle lanes, register bicycles, dispose of illegally abandoned bicycles, and perform other duties in a sincere manner. <Amended by Ordinance No. 6978, Jan. 3, 2019>
(6) A person who establishes and operates a facility for bicycle riding under Article 2 shall exercise due care as a fiduciary in compliance with relevant statutes, regulations, and Ordinances of the Seoul Government in managing and operating the facility for bicycle riding. <Amended by Ordinance No. 6978, Jan. 3, 2019>
[This Article Wholly 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:
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;
2. A scheme for linking bicycle lanes to subways, schools, public institutions, and shopping centers;
3. A scheme for installing bicycle lanes when a new road is built or a road is widened.
[This Article Newly Inserted by Ordinance No. 4858, Sep. 29, 2009]

Article 4 (Rights and Responsibilities of Citizens) (1) Every citizen residing in the City shall have the following rights and responsibilities:
1. The right to use a bicycle safely and conveniently;
2. The right to know the establishment and implementation of policies on the improvement of conditions for the use of bicycles;
3. The responsibility 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 or regulations regarding road traffic and be aware of pedestrians in riding the bicycle so as to prevent any hazard to pedestrians, and shall be equipped with safety devices in riding the bicycle depending on conditions of the facilities that he or she intends to use in order to prevent safety accidents.
(3) No citizen using a bicycle shall abandon the bicycle unlawfully at any place other than a bicycle rack or a bicycle depository.
(4) A motor vehicle driver shall give priority to caring about bicycle riders in compliance with statutes or regulations regarding road traffic in operating the motor vehicle to prevent any hazard to bicycle riding. <Newly Inserted by Ordinance No. 4858, Sep. 29, 2009>
(5) No citizen using a bicycle shall ride the bicycle under the influence of alcohol. <Newly Inserted by Ordinance No. 7064, Mar. 28, 2019>
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

CHAPTER II IMPROVEMENT OF FACILITIES FOR BICYCLE RIDING 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 every five years and shall establish an implementation plan for each year. <Amended by Ordinance No. 5148, Jul. 28, 2011; Ordinance No. 7217, Jul. 18, 2019>

Article 6 (Establishment and Implementation of Guidelines for Improvement of Facilities for Bicycle Riding) The Mayor shall establish and implement guidelines for the improvement of facilities for bicycle riding, including the following matters:
1. Detailed guidelines for improvement by 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 standards for the maintenance and management of bicycle lanes;
3. Standards for the installation and management of bicycle ramps to overpasses and underpasses;
4. Other standards for the installation and management of safety facilities considered necessary for the safety of bicycle users.

CHAPTER III INSTALLATION AND OPERATION OF BICYCLE RACKS Article 7 (Installation of Bicycle Racks) (1) The Mayor shall install bicycle 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 office building.
(2) The number of bicycles parked in bicycle racks installed pursuant to paragraph (1) shall be 40/100 of cars parked in an on-street or off-street parking lot: Provided, That it shall be 20/100 of cars parked in an off-street parking lot installed by the civil sector. <Amended by Ordinance No. 7064, Mar. 28, 2019>
(3) Deleted. <by Ordinance No. 5148, Jul. 28, 2011>
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

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

Article 9 (Bicycle Parking Fees) (1) Parking at a bicycle 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 of the Seoul Government within the limits under the attached Table, if the management and operation of bicycle racks are entrusted to a non-governmental organization or in any other extenuating circumstance.
(2) If bicycle racks installed in accordance with Article 11 (2) of the Act are subsidized by the Seoul Government, parking at such racks shall be free of charge. <Amended by Ordinance No. 6016, Oct. 8, 2015>
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

Article 10 (Operation of Bicycle Racks) (1) A person who installs and manages bicycle racks shall allow bicycles registered pursuant to Article 22 of the Act to be parked preferentially at the bicycle racks.
(2) If a person who installs and manages bicycle racks discovers any bicycle parked and abandoned for 10 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.
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

Article 10-2 (Establishment of Charging Stations for Electronic Bicycles) (1) The Mayor may install charging stations for electronic bicycles in bicycle racks or other necessary places.
(2) A person who installs and manages a charging station for electronic bicycles shall regularly examine and repair the charging station and shall maintain and manage it not to undermine the urban landscape.
[This Article Newly Inserted by Ordinance No. 6978, Jan. 3, 2019]

CHAPTER IV POLICIES ON PROMOTION OF USE OF BICYCLES Article 11 (Installation of Bicycle Depositories and Repair Centers) (1) If a place where many bicycles are used or are expected to be used has no bicycle rack or has an insufficient bicycle rack, the Mayor shall install a bicycle depository to promote the use of bicycle.
(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. 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. 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 organization or person, within the budget, for expenses incurred therein. <Amended by 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 racks mutatis mutandis. <Amended by Ordinance No. 5259, Mar. 15, 2012>
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

Article 12 (Integrated Operation of Bicycle 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 "zone"), the Mayor shall develop and implement a policy on the integrated operation of bicycle racks, depositories, repair centers, and rental shops by each zone. <Amended by Ordinance No. 5148, Jul. 28, 2011>

Article 12-2 (Installment and Operation of Public Bicycles and Public Bicycle Rental Shops) (1) The Mayor may establish and operate facilities in which public bicycles are equipped and can be rented, to promote the use of bicycles. In such cases, the Mayor may establish and operate an unmanned public bicycle rental system which allows such bicycles to be used interchangeably between public bicycle rental shops.
(2) The Mayor may entrust the installation and management of a system, etc. for public bicycles under paragraph (1) to public institutions or the civil sector and may grant subsidies to such institutions, etc. within the budget.
(3) Where an entrusted institution selected pursuant to paragraph (2) obtains the Mayor’s approval of simple maintenance affairs, such as repair of bicycle breakdowns or component replacement, among the entrusted affairs, it may entrust such affairs to another institution. <Newly Inserted by Ordinance No. 6978, Jan. 3, 2019>
(4) Other matters necessary for the methods of installing or operating the public bicycle rental shops or user fees shall be separately prescribed by the Mayor. <Amended by Ordinance No. 6978, Jan. 3, 2019>
[This Article Newly Inserted by Ordinance No. 5173, Sep. 29, 2011]

Article 12-3 (Reduction of and Exemption from Fees for Using Public Bicycles) (1) The Mayor may fully or partially reduce or exempt user fees for citizens who use public bicycles, etc.
(2) A person eligible for reduction and exemption under paragraph (1) shall be as follows: <Amended by Ordinance No. 7064, Mar. 28, 2019>
1. Youth aged 15 years or more but 18 years or less under the Framework Act on Youth;
2. Recipients and their children under the National Basic Living Security Act;
3. Single-parent families under the Single-Parent Family Support Act;
4. Persons who have rendered distinguished service to the State or their bereaved families or families under the Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State;
5. Persons of distinguished services to national independence or their bereaved families or families under the Act on the Honorable Treatment of Persons of Distinguished Service to Independence;
6. Public bicycle users who completed all of the educational programs in a place for experience and education on safety in bicycle traffic installed and operated pursuant to Article 13;
7. Other cases where reduction and exemption are deemed necessary by the Mayor.
(3) Matters regarding discount rates and operation by each person eligible for reduction or exemption under paragraph (2) shall be separately determined by the Mayor.
[This Article Newly Inserted by Ordinance No. 6978, Jan. 3, 2019]

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 any of the following 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. 6735, Jan. 4, 2018>
1. Principles and methods of bicycle traffic;
2. Traffic regulations on bicycles, such as obligations bicycle drivers should comply with;
3. Methods of inspecting and managing bicycles;
4. Other matters necessary for the safe use of bicycles.
(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. 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. 5259, Mar. 15, 2012>
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

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.
(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. 5148, Jul. 28, 2011>
(3) When the Mayor designates a school as a model school for the use of bicycles, he or she shall install traffic safety signs, safety facilities and other facilities preferentially on the roads that students mainly use for commuting to school.
(4) If necessary to support model institutions designated pursuant to paragraph (1), the Mayor shall seek a scheme for supporting them with full cooperation with neighboring local governments.
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

Article 15 (Support for Bicycle Users) (1) The Mayor shall take measures actively for supporting bicycle users in order to promote the use of bicycles.
(2) As for a bicycle user who has his or 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 racks, depositories, and repair centers directly run by the Mayor or entrusted to a non-governmental organization or other person. <Amended by 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>
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

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

Article 17 (Commemorative Week of Bicycle Day) The Mayor may hold various events on Bicycle 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 or her authority for the management of bicycle racks, depositories, repair centers, rental shops, and places for experience and education on safety in bicycle traffic, which are installed pursuant to statues, regulations, or Ordinances of the Seoul Government, 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 the use of bicycles. <Amended by Ordinance No. 5148, Jul. 28, 2011>
(2) If necessary to efficiently implement policies for promoting the use of bicycles, the Mayor may require the delegated person or entrusted person to report on matters regarding facilities and the operation of such facilities or have competent public officials of the Seoul Government to investigate or inspect books or documents.
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]

Article 19 (Enforcement Rules) Matters necessary for the enforcement of this Ordinance shall be prescribed by rule of the Seoul Government.
[This Article Wholly Amended by Ordinance No. 4760, Apr. 22, 2009]