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D. For purposes of this Article, "bicycle" shall include bicycle as defined in <br />California Vehicle Code section 231 and electric bicycle as defined in California <br />Vehicle Code section 312.5, as these sections are periodically amended. <br />E. For purposes of this Article a person who was riding his or her bicycle and who <br />has dismounted the bicycle on public property for the purpose of repairing a tire <br />or chain or other mechanism to render the bicycle operative shall not be in <br />violation of this Article. <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 owner's <br />single bicycle or bicycle part. Supporting evidence for a claim of lawful <br />ownership may include, but is not limited to, video or photographic evidence, a <br />bill of sale or receipt, the correct serial number or other identifying information <br />unique to the bicycle, bicycle registration, and a bicycle license. <br />Sec. 10-803. — Enforcement Provisions. <br />Every violation of the provisions of this Article may be charged as either a <br />misdemeanor or as an infraction in the discretion of the citing officer or City Attorney <br />and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this <br />Code. Each day any violation of any said provision of this Chapter shall continue shall <br />constitute a separate offense. Alternatively, violations may be addressed through the <br />use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. Use of <br />criminal enforcement and/or administrative citations shall not prevent or preclude the <br />City from seeking injunctive relief and civil penalties in court for 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 this <br />ordinance is for any reason held to be invalid or unconstitutional by the decision of any <br />court of competent jurisdiction, such decision shall not affect the validity of the remaining <br />portions of this ordinance. The City Council of the City of Santa Ana hereby declares that <br />it would have adopted this ordinance and each section, subsection, sentence, clause, <br />phrase or portion thereof irrespective of the fact that any one or more sections, <br />Ordinance No. NS-2998 <br />Page 3 of 6 <br />