Loading...
HomeMy WebLinkAboutNS-1276MK:rs 8-26-75 ORDINANCE NO. NS~276 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING AND ADDING TO CHAPTER 10, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF COMPLYING WITH THE STATE OF CALIFORNIA VEHICLE CODE CONCERNING BICYCLE LICENSING THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: ARTICLE III of Chapter 10 of the Santa Ana Municipal Code is hereby repealed in its entirety and a new Chapter 10 is adopted and added to ARTICLE III, to read as follows: ARTICLE III. BICYCLES Sec. 10-196. Definitions. As used in this Article, the following terms and words shall have the following meanings: (a) The word "bicycle" shall mean and include any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears and which has wheels at least 20 inches in diameter and a frame size of at least 14 inches. (b) The terra "bicycle license receipt" shall mean and include that ownership card issued by the Director of Finance of the City of Santa Ana upon receipt of the designated license fee. (c) The term "bicycle plate" shall mean and include the license tag or decal designated by the State of California in accordance with Section 39001 of the California Vehicle Code, to be permanently affixed to the bicycle, and which bears a unique number permanently assigned to that bicycle by the State. Sec. 10-197. Bicycle Licensing Required. No person residing in thee City of Santa Ana shall ride or propel any bicycle upon any public street, sidewalk, alley, bicycle lane or path, or any other public property, or, have in his possession any bicycle which has not been licensed and for which the appropriate license fee has not been paid or which does not bear a bicycle plate as required by the provisions of this Chapter. Sec. 10-19'8. License Receipt/Bicycle Plate - Issuance. At the time when any person licenses a bicycle and pay the appropriate license fee in accordance with the provisions of this Article, the Director of Finance shall provide him with a license receipt bearing the owner's name, address, telephone number, bicycle plate number, the bicycle manufacturer, type and frame number, and any other descriptive material concerning the bicycle deemed necessary, and provisions for the transfer of ownership of said bicycle. In addition, also at the time of licensing, the bicycle owner shall be issued his permanent bicycle plate bearing the unique number permanently assigned to that bicycle by the State. The bicycle license shall remain in effect for that period desig- nated by the State in accordance with Section 39001 of the California Vehicle Code. ORDINANCE NO. NS-1276 PAGE TWO Sec. 10-199. Sale or Transfer of Bicycles. Whenever any person sells, trades, disposes of, or transfers any bicycle licensed pursuant to the provisions of this Article, he shall endorse upon the license receipt previously issued for such bicycle a written transfer of same, setting forth the name, address, and telephone number of the transferee, the date of transfer, the signature of the transferer, and shall deliver such license receipt, so endorsed, to the Director of Finance at the time of transfer. The transferee shall, within ten days after such transfer, apply to said Director of Finance for a transfer of the license receipt. A fee of one dollar ($1.00) shall be charged for said transfer of ownership. Sec. 10-200. Change of Address - Bicycle License. Whenever any bicycle licensee changes his place of residence, he shall notify the Director of Finance of such change of address within ten days. There shall be no charge for said change of address. Sec. 10-201. Lost or Stolen License Receipt/ Bicycle Plate - Report/Replacement. In the event that any license receipt issued pursuant to the provisions of this Article, be lost or stolen, the licensee of such bicycle shall immediately notify the Director of Finance, and within ten days after such notifi- cation shall apply to said Director of Finance for a duplicate license receipt; whereupon, said Director of Finance shall issue to such licensee a duplicate license receipt, upon payment of a fee of one dollar ($1.00). In the event that any bicycle plate issued pursuant to the provisions of this Article be lost or stolen, the licensee shall immediately notify the Director of Finance of such loss, and shall within ten days apply for a new bicycle plate; whereupon, said Director of Finance shall issue to such licensee a new bicy- cle plate, upon payment of a fee of one dollar ($1.00). Sec. 10-202. Fees. The fees required to be paid pursuant to the provisions--~ this Article are: (a) For such bicycle license, the sum of one dollar ($1.00) per year or any portion thereof. (b) For each transfer of license receipt, the sum of one dollar ($1.00). (c) For each replacement of bicycle license receipt or bicycle plate, the sum of one dollar ($1.00). Sec. 10-203. ~amperin~ with License Receipt/Bicycle Plate - Prohibited. It is unlawful for any person to tamper with, destroy, mutilate or alter any license receipt issued pursuant to the provisions of this Article. It is unlawful for any person to remove, destroy, mutilate or in any way alter or tamper with any bicycle plate issued pursu- ant to the provisions of this Article. ORDINANCE NO. NS-1276 PAGE THI{EE Sec. 10-204. Term of Registration. The registration of bicycles as herein provided shall expire on the 31st day of December 1978, and every three years thereafter. Each bicycle license which has been issued prior to the date this ordinance becomes operative shall remain valid until its expiration date. Sec. 10-205. Revenues from License Fees. Revenues from license fees shall be retained by the Director of Finance and shall be deposited in a special bicycle license fund and may only be used for the support of this bicycle ordinance, to improve bicycle safety programs, and to establish bicycle facilities, including bicycle paths and lanes within the City of Santa Ana. Sec. 10-206. Register to be Maintained. The Director of Finance shall file and preserve records on each bicycle regis- tered. Such records shall include, but not be limited to, the license number, the serial number of the bicycle, the make, type, and model of the bicycle, and the name and address of the licensee. Records shall be maintained during the period of validity of the license or until notification that the bicycle is no longer to be operated. Sec. 10-207. Sale or Transfer of Bicycle by Dealer. It shall be the duty of every person dealing in bicycles in the City, either as a business or as an occasional buyer and seller of the same, to keep at his place of business a record of all bicycles bought, sold or rented by him, giving an accurate des- cription of such bicycles and from whom received, together with his address, the serial number of the bicycle, to whom sold or rented, giving their names and addresses and the number of the identification plate and identification card, if any, together with the date of the transaction. This record shall be kept in a plain and legible writing, or typing, in a well-bound uniform book, which shall at all times be open to inspection by members of the police department or the finance department. (a) Each bicycle dealer shall supply to each purchaser a record of the following infor- mation: name of dealer, address of dealer, year, make and model of bicycle, and serial number of bicycle. (b) No bicycle dealer shall sell any new bicycle in the City unless such bicycle has perman- ently stamped or cast on its frame a serial number unique to the particular bicycle of each manufacturer. Serial numbers shall be stamped or cast in the head of the frame, either side of the seat down post tube, or the bottom sprocket bracket. Sec. 10-208. Fines for Violation of this Article. fee of five dollars ($5.00) pursuant to Section 39011 of the California Vehicle Code shall be charged for violation of the provisions of this Article. A Sec. 10-209. Enforcement. The Chief of Police and the Director of Finance shall herewith be granted all authority to ORDINANCE NO. NS-1276 PAGE FOUR enforce and carry out the provisions of this Article pursuant to the provisions included in the California Vehicle Code and all other laws of the State of California. SECTION 2: 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 com- petent 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, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty, or the penal provisions applicable to any violations thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 4: The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Santa Ana within fifteen (15) days after its adoption. SECTION 5: This ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Aha at its regular 15th day of September ATTEST: meeting held on the 1975. ORDINANCE NO. NS- 1276 PAGE FIVE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) ss. I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa A~a, California; that the foregoing ordinance was introduced to said Council at its meeting held on the day of 1975, and was again considered by said Council at its meeting held on the day of 1975, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCiLMEN:Yamamoto, Evans, 0rtiz, Garthe, Brandt NOES, COUNCILMEN:Ward, Bricken ABSENT, COUNCILMEN:None OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW, CITY ATTORNEY