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HomeMy WebLinkAboutOrd 714-1976ORDINANCE NO~ 714-76 AN ORDINANCE PROVIDING FOR REGIS- TRATION AND LICENSING OF BICYCLES IN ACCORDANCE WITH VEHICLE CODE SECTIONS 39000, ET SEQ. THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. 1.1 Bicycle. Bicycle for the purposes of this Ordinance, means any device upon which a person may ride which is propelled by human power through a system of belts, chains or gear% having either two or three wheels (one of which is at least 20 inches in diamete~ ~n tandem or tricycle arrangement with a frame size of at least 14 inches. 1.2 Bicycle Dealer. Bicycle dealer, which also includes the term Bicycle Retailer, for the purposes of this Ordinance means any person (including agents or employees of such person) who sells, gives away, buys or.takes in trade for the purpose of resale, more than five (5) bicycles in any one calendar year, whether or not such bicycles are owned by such person. Bicycle dealer is hereinafter designated Dealer. 1.3 City Licensing Authority. City licensing authority means the Chief of P~iceof the City of South San Francisco. 1.4 City Enforcement Authority. City enforcement authority means the Chief of Police of the City of South San Francisco. 1.5 Bicycle License, Indicia and Registration Form. Bicycle license, indicia and registration form means the said items procured and dis- tributed by the State of California in accordance with Section 39001 of the Vehicle Code. 1.6 2.1 2.2 2.2.1 2.2.2 Motorized Bicycle. Motorized Bicycle means any two-wheeled or three- wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than 2 gross brake horsepower and is capable of propelling the device at a maximum speed of not more than 30 miles per hour on level ground (Vehicle Code Section 406). SECTION 2. REGISTRATION, LICENSE INDICIA, RECORDS, FEES AND LICENSE EXCEPTION. Registration Forms and License Indicia. The City Licensing Authority shall obtain the registration forms and license indicia authorized by the Vehicle Code and issue same to owners of any new or used bicycle or motorized bicycle and to other licensing agencies, including bicycle dealers as designated by the Licensing Authority. Records, Information Required Upon Sale or Transfer, Serial Number, Recordation of Transfer, Cha~ge of Address and Lost or Mutilated License. Records. The City Licensing Authority shall maintain a record of each bicycle or motorized bicycle registered during the period of the validity of the license or until notification that the bicycle or motorized bicycle is no longer to be operated. Preregistration Form; Sales and Transfer Information. Preregistration Form. The City Licensing Authority shall obtain and provide to a seller or dealer a preregistration form so that same may be furnished to a purchaser and returned to the City Licensing Author- ity within ten (10) days after a sale. The City Licensing Authority upon receipt of the filled out preregistration form shall maintain it as part of the records. The City Licensing Authority may compare 2.2.3 2.2.4 the completed preregistration form with the information included on the sales check or receipt given to the purchaser by the dealer or seller which includes the following: (1) Name of dealer or seller, whichever is applicable; (2) Address; (3) Year and make of bicycle or motorized bicycle; (4) Serial number if delivered to purchaser in an assembled state; (5) General description of the bicycle; and (6) Name and address of the purchaser. Serial Numbers. The City Licensing Authority, prior to registration and issuance of a license indicia, shall require that a serial number be legibly and permanently stamped or cast on a new bicycle or motor bicycle sold in the State of California after December 31, 1976, and may require same for used bicycles or motor bicycles registered before that date. The serial number shall be no less than one-eighth inch in size and unique to the particular bicycle or motor bicycle of each manufacturer,, and said number only shall be stamped or cast in the head of the frame, either side of the seat tube, the toe plate or the bottom sprocket (crank) housing. Recordation of Transfer. (a) Upon receipt of a registration certificate endorsed by a trans- ferer in accordance with Vehicle Code Section 39008(a) the City Licensing Authority shall (1) verify that the person who sold or otherwise disposed of the bicycle or motor bicycle endorsed upon the registration certificate previously issued for same a written transfer of same setting forth the name, address, tele- phone number of the transferee, date of transfer, and signature of transferer, and (2) maintain a record of said endorsed regis- tration certificate. 2.2.5 2.2.6 (b) Upon receipt of an application by a person for transfer of license to his own name after purchase or otherwise acquiring possession of a bicycle or motor bicycle, the City Licensing Authority upon proof of ownership shall issue such transfer. (c) The City Licensing'Authority may establish reasonable rules and regulations to govern and enforce the provisions of this para- graph. Change of Address; Lost, Stolen and Mutilated License Indicia or Registration Forms. (a) The City Licensing Authority shall record and maintain a record of the change of address submitted by an owner-licensee in accord- ance with Vehicle Code Section 39009. (b) Upon receipt of notification that a license indicia or registra- tion form issued pursuant to this Ordinance has been lost, stolen or mutilated and receipt of an application for a duplicate, the City Licensing Authority shall have the authority to issue same upon verifying ownership. License Fees, Use of Fees. (a) The City. Licensing Authority shall collect the following fees: (1) For each new or used bicycle or motor bicycle license and registration certificate the sum of Two Dollars ($2) per year or any portion thereof. (2) For each transfer of registration certificate, the sum of One Dollar ($1). (3) For each replacement license or registration certificate, the sum of One Dollar ($1). (4) For each license renewal, the sum of One Dollar ($1). 4. I1[I I II I i Ifil 2.2.7 2.2.8 (b) The fees so collected shall be used as follows: (1) 50% shall be used for support of this Ordinance (2) 40% shall be used to improve bicycle safety programs in the City of South San Francisco. (3) 10% shall be used to establish bicycle facilities, including bicycle paths and lanes, within the limits of the City of South San Francisco. License Exception. In accordance with Vehicle Code Section 39010(b), licenses which have been issued pursuant to Ordinance 627 shall remain valid until the assigned expiration dates, but in.no case later than July 1, 1979. Said licensees after effective date of this Ordinance may register bicycles and motor bicycles in accordance with this Ordinance and obtain license indicia therefor upon paying the required fees. Designation of Assisting Department. The Chief of the Fire Department shall assist and cooperate with the Licensing Authority in issuing licenses at fire stations designated by the Fire Chief. 3.1 SECTION 3. PROHIBITED ACTS RELATED TO LICENSING Unlicensed operation. (a) No resident of the City of South San Francisco shall operate a bicycle or motor bicycle or cause, allow or permit same to be operated on any street, road, highway, or other public prop- erty within the City of South San Francisco unless it is licensed in accordance with this Ordinance. (b) No person shall operate a bicycle or motor bicycle or cause, allow or permit same to be operated on any street, road, highway or other public property within the City of South San Francisco 5. iiim i II · l'a[mi unless it is licensed in accordance with Vehicle Code Section 39000, et seq. 3.2 Destruction, etc. of License Indicia or Registration Form. No person shall tamper with, destroy, mutilate, or alter any license indicia or registration form, or remove, alter, or mutilate the serial numbers or the identifying mark of a licensing agency's identi- fying symbol on any bicycle or motor bicycle frame licensed pursuant to this Ordinance or Vehicle Code Section 39000, et seq. SECTION 14. IMPOUND OF BICYCLES AND MOTOR BICYCLES. The City's Enforcement Authority shall impound and retain possession of any bicycle or motor bicycle which does not comply with the provisions of this Ordinance or Vehicle Code Section 39000, et seq., or which is operated in violation of paragraph 3 of this Ordinance. The City Enforcement Author- ity may retain possession of said bicycle until the provisions of this Ordi- nance or Vehicle Code Section 39000, et seq., are complied with. The City's Enforcement Agency within two days after so impounding shall give written notice to the last registered owner requiring said owner to so comply within five days. If the registered owner or the owner's successor fails, refuses or neglects to so comply and obtain release of the bicycle or motorized bicycle within said five days, all costs incurred thereafter related to said impound, including but not limited to storage costs, shall be paid by the owner or the owner's successor before release from impound. SECTION 5. VEHICLE CODE SECTIONS ESTABLISHING OBLIGATIONS OF DEALERS, BUYERS AND SELLERS. Vehicle Code Sections 39006, 39007, 39008 and 39009 established certain obligations of Dealers, Buyers and Sellers related to sale, serial numbers, recordation of transfer and notification of change of address. Said Sections Ge are recited here for reference and adopted as mandatory requirements of this Ordinance. 5.1 Information Required Upon Retail Sale (Vehicle Code 39006). Each bicycle retailer and each bicycle dealer shall supply to each purchaser a preregistration form provided by the licensing agency and shall include, on the sales check or receipt given to the pur- chaser, a record of the following information: name of retailer, address of retailer, year and make of the bicycle, serial number of the bicycle if delivered to the purchaser in an assembled state, general description of the bicycle, name of purchaser, and address of purchaser. A copy of the preregistration form shall be filled out and forwarded by the purchas6r to the appropriate licensing agency within 10 days.from the date of sale. 5.2 Serial Numbers (Vehicle Code 39007). 5.3 After December 31, 1976, no bicycle retailer shall sell any new bicycle in this state unless such bicycle has legibly and permanently stamped or cast on its frame a serial number, no less than one-eight inch in size, and unique to the particular bicycle of each manufacturer. The serial number only shall be stamped or cast in the head of the frame, either side of the seat tube, the toeplate, or the bottom sprocket (crank) housing. Recordation of Transfer (vehiCle'Code 39008). (a) Whenever any person sells or otherwise disposes of a bicycle, he shall endorse upon the registration certificate previously issued for such bicycle a written transfer of same, setting forth the name, address, telephone number of the transferee, .date of transfer, and signature of the transferrer, and shall deliver the registration certificate, so endorsed, to the licensing agency within 10 days. (b) Any person who purchases or otherwise acquires possession of a bicycle shall, within 10 days of taking possession, apply for the transfer of license to his own name, Cities and counties may establish rules and regulations to govern and enforce the provisions'of this section. 5.4 Notification of Change of Address (Vehicle Code 39009). (a) Whenever the owner of a bicycle licensed pursuant to an ordinance or resolution of a city or county changes his address, he shall within 10 days notify the appropriate licensing agency of the old and new address. (b) In the event that any bicycle license indicia or registration form issued pursuant to the provisions of this division is lost, stolen, IIII I II · I Ill] or mutilated, the licensee of such bicycle shall immediately notify the licensing agency, and, within 10 days after such notification, shall apply to the licensing agency for a duplicate license indicia or registration form. Thereupon, the licensing agency shall issue to such licensee a replacement indicia or registra- 'tion form upon payment to the licensing agency of the appropriate fee. SECTION 6. SECOND-HAND SALES - DAILY REPORT. Each person, firm or corporation engaged in the business of'buying second- hand bicycles and/or motor bicycles shall make a daily report to the Police Department stating the name and address of the seller, the description, the' framenumber and the number of the license sticker attached thereto, if any. Each person, firm or corporation engaged in the business of selling second- hand bicycles and/or motor bicycles shall make a daily report to the Police Department stating the name and address of the buyer, the description and the number of license sticker attached thereto, if any. SECTION 7. RIDING PROHIBITED ON SIDEWALKS OR IN BUSINESS DISTRICT. No p6rson shall ride a bicycle or motor bicycle on the public sidewalks or in any business district in the City of South San Francisco. SECTION 8. SHORT TITLE. This Ordinance shall be known and cited as The Bicycle Licensing Ordi- nance of the City of South San Francisco. SECTION 9. VIOLATION, PENALTY. Any person or dealer violating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance shall be guilty of an infraction and upon conviction shall be punishable by a fine of not more than Five Dollars ($5.00). SECTION 10. REPEAL OF ORDINANCE 627. The following Ordinance is hereby repealed: Ordinance 627, adopted February 7, 1972, entitled, "An Ordinance of the City of South San Francisco Providing for the Registration and Licensing of Bicycles in Said City and Providing Penalties for Violations." SECTION 11. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty {30} days from and after its adoption. at a regular South San Francisco this the following vote: AYES, COUNCILMEN NOES, '" ABSENT, " Introduced this 6th day of October 1976 Rassed and adopted as an Ordinance of the City of South San Francisco meetiog of the City Council of the City of 2Otb day of October , 19 76 , by William A. Borba, Emanuele N. Damonte, Terz~] J. Mirri and Leo Padreddii Richard A. Battaglia None ATTEST:' City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 2or. h day of october , 19 76. Mayor o Ill I Il m I IlmL