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8-26-75
ORDINANCE NO. NS~276
AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING
AND ADDING TO CHAPTER 10, ARTICLE III OF THE
SANTA ANA MUNICIPAL CODE FOR THE PURPOSE OF
COMPLYING WITH THE STATE OF CALIFORNIA VEHICLE
CODE CONCERNING BICYCLE LICENSING
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN
AS FOLLOWS:
SECTION 1: ARTICLE III of Chapter 10 of the Santa Ana
Municipal Code is hereby repealed in its entirety and a new Chapter
10 is adopted and added to ARTICLE III, to read as follows:
ARTICLE III. BICYCLES
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 20 inches in
diameter and a frame size of at least 14 inches.
(b)
The terra "bicycle license receipt" shall mean and
include that ownership card issued by the Director
of Finance of the City of Santa Ana upon receipt
of the designated license fee.
(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.
Sec. 10-197. Bicycle Licensing Required. No person
residing in thee 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 and for which the appropriate license
fee has not been paid or which does not bear a bicycle plate as
required by the provisions of this Chapter.
Sec. 10-19'8. License Receipt/Bicycle Plate - Issuance. At
the time when any person licenses a bicycle and pay the appropriate
license fee in accordance with the provisions of this Article,
the Director of Finance shall provide him with a license receipt
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 ownership 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 desig-
nated by the State in accordance with Section 39001 of the
California Vehicle Code.
ORDINANCE NO. NS-1276
PAGE TWO
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 receipt 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 transferer, and shall deliver such
license receipt, so endorsed, to the Director of Finance at the
time of transfer. The transferee shall, within ten days after
such transfer, apply to said Director of Finance for a transfer
of the license receipt. A fee of one dollar ($1.00) shall be
charged for said transfer of ownership.
Sec. 10-200. Change of Address - Bicycle License.
Whenever any bicycle licensee changes his place of residence, he
shall notify the Director of Finance of such change of address
within ten days. There shall be no charge for said change of
address.
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 Director of Finance, and within ten days after such notifi-
cation shall apply to said Director of Finance for a duplicate
license receipt; whereupon, said Director of Finance shall issue
to such licensee a duplicate license receipt, upon payment of a
fee of one dollar ($1.00).
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 Director of Finance of such loss, and
shall within ten days apply for a new bicycle plate; whereupon,
said Director of Finance shall issue to such licensee a new bicy-
cle plate, upon payment of a fee of one dollar ($1.00).
Sec. 10-202. Fees. The fees required to be paid
pursuant to the provisions--~ this Article are:
(a)
For such bicycle license, the sum of one
dollar ($1.00) per year or any portion
thereof.
(b)
For each transfer of license receipt, the sum
of one dollar ($1.00).
(c)
For each replacement of bicycle license receipt
or bicycle plate, the sum of one dollar ($1.00).
Sec. 10-203. ~amperin~ with License Receipt/Bicycle
Plate - Prohibited. It is unlawful for any person to tamper with,
destroy, mutilate or alter any license receipt issued pursuant
to the provisions 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 pursu-
ant to the provisions of this Article.
ORDINANCE NO. NS-1276
PAGE THI{EE
Sec. 10-204. Term of Registration. The registration of
bicycles as herein provided shall expire on the 31st day of
December 1978, and every three years thereafter. Each bicycle
license which has been issued prior to the date this ordinance
becomes operative shall remain valid until its expiration date.
Sec. 10-205. Revenues from License Fees. Revenues from
license fees shall be retained by the Director of Finance and shall
be deposited in a special bicycle license fund and may only be used
for the support of this bicycle ordinance, to improve bicycle
safety programs, and to establish bicycle facilities, including
bicycle paths and lanes within the City of Santa Ana.
Sec. 10-206. Register to be Maintained. The Director
of Finance shall file and preserve records on each bicycle regis-
tered. 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.
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 occasional 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 des-
cription 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 or the finance department.
(a)
Each bicycle dealer shall supply to each
purchaser a record of the following infor-
mation: 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 perman-
ently stamped or cast on its frame a serial
number unique to the particular bicycle of
each manufacturer. 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.
Sec. 10-208. Fines for Violation of this Article.
fee of five dollars ($5.00) pursuant to Section 39011 of the
California Vehicle Code shall be charged for violation of the
provisions of this Article.
A
Sec. 10-209. Enforcement. The Chief of Police and the
Director of Finance shall herewith be granted all authority to
ORDINANCE NO. NS-1276
PAGE FOUR
enforce and carry out the provisions of this Article pursuant to
the provisions included in the California Vehicle Code and all
other laws of the State of California.
SECTION 2: 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 com-
petent 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, sentence, 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 unconstitutional.
SECTION 3: 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
provisions applicable to any violations thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof, required
to be posted, filed or deposited pursuant to any ordinance and all
rights and obligations thereunder appertaining shall continue in
full force and effect.
SECTION 4: The Clerk of the Council shall certify to
the passage and adoption of this ordinance and shall cause the
same to be published in the official newspaper of the City of
Santa Ana within fifteen (15) days after its adoption.
SECTION 5: This ordinance shall take effect thirty
(30) days from and after the date of its adoption.
PASSED AND ADOPTED by the City Council of the City of
Santa Aha at its regular
15th day of September
ATTEST:
meeting held on the
1975.
ORDINANCE NO. NS- 1276
PAGE FIVE
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SANTA ANA )
ss.
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa A~a, California; that
the foregoing ordinance was introduced to said Council at its
meeting held on the day of
1975, and was again considered by said Council at its
meeting held on the day of 1975,
and was at said meeting passed and adopted by the following vote,
to wit:
AYES,
COUNCiLMEN:Yamamoto, Evans, 0rtiz, Garthe, Brandt
NOES,
COUNCILMEN:Ward, Bricken
ABSENT, COUNCILMEN:None
OF THE COUNCIL
APPROVED AS TO FORM:
KEITH L. GOW, CITY ATTORNEY