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Home My WebLink AboutNS-2022 - Amending Article III of Chapter 10 of Santa Ana Municipal Code, Revising Bicycle Licensing Regulations of City to Delete License Fee Provisions193 7 ORDINANCE NO. NS-2022 REL:mb(24) 7/5/89 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING ARTICLE III OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE, REVISING THE BICYCLE LICENSING REGU- LATIONS OF THE CITY TO DELETE LICENSE FEE PROVISIONS. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 10-196 of the Santa Ana Municipal Code is hereby amended to read as follows: 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 twenty (20) inches in diameter and a frame size of at least fourteen (14) inches. (b) The term "bicycle license" shall mean and in- clude that ownership card issued by the chief of police of the City of Santa Ana. (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. SECTION 2: That section 10-197 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-197. Bicycle licensing required. No person residing in the 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 or which does not bear a bicycle plate as required by the provisions of this chapter. 194 ORDINANCE NO. NS-2022 PAGE TWO SECTION 3: That section 10-198 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-198. License receipt bicycle plate; issuance. At the time when any person licenses a bicycle in accordance with the provisions of this article, the chief of police shall provide him with a license 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 owner- ship 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 designated by the state in accordance with Section 39001 of the California Vehicle Code. SECTION 4: That section 10-199 of the Santa Ana Municipal Code is hereby amended to read as follows: 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 pre- viously issued for such bicycle a written transfer of same, setting forth the name, address, and telephone num- ber of the transferee, the date of transfer, the signature of the transferer, and shall deliver such license, so endorsed, to the chief of police at the time of transfer. The transferee shall, within ten (10) days after such transfer, apply to said chief of police for a transfer of the license. SECTION 5: That section 10-200 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-200. Change of address of bicycle licensee. Whenever any bicycle licensee changes his place of residence, he shall notify the chief of police of such change of address within ten (10) days. ORDINANCE NO. NS-2022 PAGE THREE 195 SECTION 6: That section 10-201 of the Santa Ana Municipal Code is hereby amended to read as follows: 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 chief of police, and within ten (10) days after such notification shall apply to said chief of police for a duplicate license; whereupon, said chief of police shall issue to such licensee a duplicate license. 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 chief of police of such loss, and shall within ten (10) days apply for a new bicycle plate; whereupon, said chief of police shall issue to such licensee a new bicycle plate. SECTION 7: That section 10-202 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-202. Fees. The city council may, by resolution, establish such fees as it deems appropriate for the issuance, transfer, amendment, or replacement of bicycle licenses. SECTION 8: That section 10-203 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-203. Tampering with license receipt/bicycle plate prohibited. It is unlawful for any person to tamper with, destroy, mutilate or alter any license issued pursuant to the pro- visions 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 pursuant to the provisions of this article. SECTION 9: That section 10-205 of the Santa Ana Municipal Code is hereby repealed. 196 ORDINANCE NO. NS-2022 PAGE FOUR SECTION 10: That section 10-206 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-206. Register to be maintained. The chief of police shall file and preserve records on each bicycle registered. 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. SECTION 11: That section 10-207 of the Santa Ana Municipal Code is hereby amended to read as follows: 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 occa- sional 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 description 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. (a) Each bicycle dealer shall supply to each purchaser a record of the following information: 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 permanently stamped or cast on its frame a serial number unique to the particlar bicycle of each manu- facturer. 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. 197 ORDINANCE NO. NS- 2022 PAGE FIVE SECTION 12: That section 10-208 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-208. Fines for violation of this article. A fine of ten dollars ($10.00) pursuant to Section 39011 of the California Vehicle Code shall be charged for violation of the provisions of this article. SECTION 13: That section 10-209 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 10-209. Enforcement. The chief of police shall herewith be granted all authority to enforce and carry out the provisions of this article pursuant to the provisions included in the Cali- fornia Vehicle Code and all other laws of the State of California. SECTION 14: Any provision in any currently effective resolu- tion of the city council which sets forth a fee for the issuance, transfer, amendment or replacement of bicycle licenses is hereby repealed. SECTION 15: 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, sent- ence, 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 unconsti- tutional. SECTION 16: 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 provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, 198 ORDINANCE PAGE SIX NO. NS-2022 required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertain- ing shall continue in full force and effect. ADOPTED this 21st day of Auqust , 1989. ATTEST: COUNCILMEMBERS: Young A~e Acosta Aye Griset Aye May Aye McGuigan A,¥e Norton Pulido Aye APPROVED AS TO FORM: Edwar~'~oper City Attorney