The URL can be used to link to this page

Home My WebLink About77-10 Repeal/ Enact Bicycle License LawORDINANCE NO. %"f -/p AN ORDINANCE OF THE',CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING' THE STATE ACT ON BICYCLE AND MOTORIZED BICYCLE LICENSING, REPEALING THE FORMER BICYCLE LICENSING CHAPTER IN THE COSTA MESA MUNICIPAL CODE, AND ENACTING A NEW CHAPTER CONFORMING TO STATE LAW. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN.AS FOLLOWS: SECTION 1: The City Council of the City of Costa Mesa hereby finds and declares that the state enactments relating to bicycle and motorized bicycle licensing are comprehensive in nature and fit the procedures and requirements of the City of Costa Mesa.. The City Council further finds that it is in the public interest to conform the presently existing bicycle :licensing laws of the City of Costa Mesa tothe state act, so that the greatest possible number of bicycles and motorized bicycles may be licensed and registered to aid in the detection and recovery of lost or stolen bicycles and motorized bicycles. The City Council further finds that the public health, safety, and .general welfare requires this enactment. accordingly, Chapter I,.Title 14, of the Costa Mesa Municipal Code relating to bicycle licensing is hereby repealed, and the following Chapter I is enacted: SECTION 2: "CHAPTER I - Bicycle and Motorized Bicycle;Licensing. e§4-1 Adoption - State Act The definitions, rules, regulations, requirements, exceptions, and any limitations relating to bicycle and motorized bicycle licensing found in Division 16.7, 939000 through and including §39012, Vehicle Code of the State of California, are hereby adopted as the law of the City, except as shall by this ordinance be modified, amended, or otherwise changed. 54-2 - Definitions as i i As used in this Chapter, the following terms and words shall have the following meanings: . l A. The word BICYCLE as used'in:'this Chapter shall mean and include any device as defined in the California Vehicle Code' §39000,-and'includes a MOTORi IZEb BICYCLE as defined in California Vehicle Code 5406, as amended.. B. The term BICYCLE REGISTRATION CARD shall mean and include that ownership card issued by the Licensing Agency or i Agent of the City of Costa Mesa.upon receipt of the designated license fee. I C. The term BICYCLE LICENSE -PLATE shall mean -and include the license tag or decal.designated by'the State.'of California in l accordance with §39001 of the California Vehicle -Code, to be per- manently affixed to the bicycle and which bears a unique number -permanently assigned to that!bicycle'by the state. D The term.LICENSING AGENCY or AGENT -shall mean and include that party or parties designated by the City -.Council as i -the official licensing agency or agent for bicycles in the City of Costa Mesa.- For purposeslof this Chapter, the Police Department shall be designated as the licensing agency. The Chief of Police t shall be given the authorityi to recommend for appointment by- the City Council any person,or persons to assist"the'licensing agency in -the capacity of bicycle licensing agents._ The licensing agency i or agent shall license.bicycles for persons, residing in the City of Costa Mesa only; all other.bi'cycle'license applicants, shall be referred to their respectivel_city or jurisdiction of.residency. §4-3 1.7.Bicycle License Required No person residing In the City of Costa Mesa shall ride i or .propel any bicycle upon apublic street, sidewalk-, alley, bicycle lane, path, or -any public property, or, have -in his ..possession any bicycle which]has.not been licensed or which does i not.bear a Bicycle License plate as required by the provisions of this Chapter. §4-4 - Bicycle Registration Card/ Bicycle License Plate Issuance. At the time that any person licenses a bicycle in accor-. dance with the provisions oflthis Chapter, the licensing agency or 1. -2- I agent shall provide said person with a,.Bicycle Registration Card bearing the owner's name, address, telephone number, bicycle license plate number, the bicycle manufacturer, type and frame number, and any other descriptive material concerning -the bicycle deemed necessary by,the licensing agency, together with information for. the transfer of ownership of!. said bicycle. In.addition, also at the time of licensing, the bicycle owner shall be issued his per- manent.:bicycle lice nse.indici-a'bearing;the unique number permanently assigned to .that bicycle by the.State Department of Motor Vehicles. .The bicycle license shall remain in effect for the period designated by the Department of Motor Vehicles in accordance with 539001 of the Vehicle Code. I 94-5 - Sale or Transfer of Bicycle Whenever any personlsells, trades, disposes of, or transfers j any' -bicycle licensed pursuant to the provisions of this Chapter, i he shall endorse upon the bicycle registration card 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 transferor, and shall deliver such license receipt, so endorsed, to the licensing agency at the time of transfer.. The transferee shall, within ten days after such transfer, apply to said licensing agency.for a transfer of the license -receipt. l §4-6 - Change -of -Address - Bicycle License. Whenver any bicycle licensee changes his place of residence, he shall notify the licensing agency of such change -of -address within ten days. { §4-7 - Lost or Stolen Bicycle.Registration-Card/Bicycle License'Plate.Report Replacement. In the event that any bicycle registration card issued pursuant to the provisions of this Chapter, is lost or stolen; the licenseeof such bicycle shall immediately notify the licensing agency, and within ten .days after such notification shall apply to said licensing agency for a duplicate bicycle registration.card; whereupon, said licensing agency shall issue to such licensee a duplicate bicycle registration card. r -3- In the.event.that,:any bicycle license plate issued pur- suant to the provisions of this Chapter, is lost or stolen, the license shall immediately`noti.fy the ;licensing,agency of such loss, and shall.'within ten days apply to said licensing agency for a j new bicycle license plate; whereupon, said licensing agency shall issue to such licensee a newlbicycle license plate. 54-8. - Tampering with License Receipt/ Bicycle -Plate- Prohibited. It is unlawful -for any person to tamper with, destroy, mutilate or alter any bicycle registration card'issued pursuant to the.provisions of this,Chapter. i It is unlawful for,any person to remove, destroy, mutilate or in any way alter or tamper with'any bicycle license plate issued pursuant to the provisions of this Chapter. §4-9 - Bicycle Retailer - Weekly Bicycle Sales Reports Required. Any.person engaged in the business of buying, selling or trading bicycles at retail within the'City of Costa Mesa is hereby required to make a weekly report to the licensing agency giving the name, address and telephone number'of all persons either buying, selling or.trading bicycles and the bicycle manufacturer,.type, frame; number, and bicycle plate number, model and color, if any.' §4-10'- Bicycles injViolation of Chapter - Impoundinq/Fee. The licensing agency shall have the right to 'impound and i retain possession of any bicycle in violation of.the provisions of this Chapter, or Division,16.7', commencing with 93900 of the California Veh'icle,Code, an&.may'retain possession on such bicycle i until the provisions of'thisChapter are complied with.. Bicycles t , which remain impounded -pursuant to this section for longer than a 90 -day period may be sold at auction in accordance with laws governing the disposal of -abandoned property generally. §4-11 - Violation Penalty. The violation of any of the provisions of this Chapter shall be deemed to be an.infraction and -..shall. be subject to a pun- §4-12 - Enforcement:. The Chief of Police and his designated representatives shall enforce and carry out the provisions of this Chapter and other applicable laws. SECTION 3: This ordinance shall take effect and be in full force and effect thirty, (30) days from and after its passage, and before the expiration of.fifteen (15) days after its passage, shall be published once in the Orange Coast Daily Pilot, a news- paper of general circulation printed and published in the City of Costa Mesa, together with the names of the members of the City Council voting for and against the same. 1977. ATTEST: PASSED AND ADOPTED this � day of OR of the City of Mesa Mesa APPROVED AS TO FORM: CITY CLERK of the City of CITY ATTORNEY of the City of Costa Mesa Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ): I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council of the City;of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 7�L/o was introduced and considered section by section at a regular meeting of said City Council held on the .2,",01day of 1977 and thereafter passed and adopted as a whole at/f regular meeting of said City Council held on the al day of , , 1977 by the following roll call vote: /n�> AYES: COUNCIL MEMBERS: C NOES: COUNCIL MEMBERS :��-�-- ABSENT : COUNCIL MEMBERS: IN WITNESS WHEREOF,:I have hereby set my hand and affixed the Seal of the City of Costa Mesa this o(day of 7'hancr , 1977. G& CITY CLERK and.ex-officio Crty k of the City Council of the of Costa Mesa. "APPR ED FORM BY. CITY ATT RNE OFFICE -5- C Y OF COSTA MESA