NS-2998 - Adding Article XIII to Chapter 10 of the Santa Ana Municipal Code Prohibiting Repair and Sales of Bicycles and Bicycle Parts on Public Property

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D. For purposes of this Article, "bicycle" shall include bicycle as defined in California Vehicle Code section 231 and electric bicycle as defined in California Vehicle Code section 312.5, as these sections are periodically amended. E. For purposes of this Article a person who was riding his or her bicycle and who has dismounted the bicycle on public property for the purpose of repairing a tire or chain or other mechanism to render the bicycle operative shall not be in violation of this Article. Sec. 10-802. — Exemptions. The prohibition contained in Section 10-801 shall not apply when: A. An individual is operating under a valid City of Santa Ana License or Permit authorizing such activities. B. The owner of a bicycle or bicycle part is present during the repair of the owner's single bicycle or bicycle part. Supporting evidence for a claim of lawful ownership may include, but is not limited to, video or photographic evidence, a bill of sale or receipt, the correct serial number or other identifying information unique to the bicycle, bicycle registration, and a bicycle license. Sec. 10-803. — Enforcement Provisions. Every violation of the provisions of this Article may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or City Attorney and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this Code. Each day any violation of any said provision of this Chapter shall continue shall constitute a separate offense. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. Use of criminal enforcement and/or administrative citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violations of this Article. Section 2. The City Council finds and determines that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment as there is no possibility it will have a significant effect on the environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, Ordinance No. NS-2998 Page 3 of 6