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60B - RESO BANNING SALE OF BIKES
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60B - RESO BANNING SALE OF BIKES
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Last modified
11/12/2020 5:21:16 PM
Creation date
11/12/2020 3:23:37 PM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
60B
Date
11/17/2020
Destruction Year
2025
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section 312.5, as these sections are periodically amended. <br />Sec. 10-802. — Exemptions. <br />The prohibition contained in Section 10-801 shall not apply when: <br />A. An individual is operating under a valid City of Santa Ana License or Permit <br />authorizing such activities. <br />B. The owner of a bicycle or bicycle part is present during the repair of the <br />owner's single bicycle or bicycle part. Supporting evidence for a claim of <br />lawful ownership may include, but is not limited to, video or photographic <br />evidence, a bill of sale, the correct serial number, bicycle registration, and <br />a bicycle license. <br />Sec. 10-803. — Enforcement Provisions. <br />Every violation of the provisions of this Article shall be deemed to be a <br />misdemeanor and, upon conviction thereof, shall be punishable as provided for in <br />section 1-8 of this Code. Each day any violation of any said provision of this Chapter <br />shall continue shall constitute a separate offense. Alternatively, violations may be <br />addressed through the use of an administrative citation as set forth in sections 1-21.1 <br />through 1-21.9. Use of criminal enforcement and/or administrative citations shall not <br />prevent or preclude the City from seeking injunctive relief and civil penalties in court for <br />violations of this Article. <br />SECTION 2. The City Council finds and determines that this ordinance is not <br />subject to CEQA pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA <br />Guidelines because it will not result in a direct or reasonably foreseeable indirect physical <br />change in the environment as there is no possibility it will have a significant effect on the <br />environment and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. <br />SECTION 3. If any section, subsection, sentence, clause, phrase or portion of <br />this ordinance is for any reason held to be invalid or unconstitutional by the decision of <br />any court of competent jurisdiction, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council of the City of Santa Ana hereby <br />declares that it would have adopted this ordinance and each section, subsection, <br />sentence, clause, phrase or portion thereof irrespective of the fact that any one or more <br />sections, subsections, sentence, clauses, phrases, or portions be declared invalid or <br />unconstitutional. <br />SECTION 4. Neither the adoption of this ordinance nor the repeal hereby of any <br />other ordinance shall in any manner affect the prosecution for violation of ordinances, <br />which violations were committed prior to the effective date hereof, nor be construed as a <br />waiver of any license or penalty or the penal provisions applicable to any violation thereof. <br />Ordinance No. NS-XXX <br />Page 3 of 4 <br />
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