Chapter 10.68
BICYCLES
Sections:
10.68.015 Personal transportation device (“PTD”) defined.
10.68.030 Operation upon sidewalks.
10.68.060 Bicycle parking prohibited.
10.68.070 Racing and trick riding.
10.68.080 Placing of bicycle racks.
10.68.100 Entering public right-of-way.
10.68.110 Bicycle license requirement.
10.68.120 Official licensing agent.
10.68.130 Bicycle registration certificate.
10.68.140 License replacement.
10.68.180 Authority to number bicycle frames.
10.68.200 Operation of PTD’s on municipal pathways not within the roadway.
10.68.210 Exception for police enforcement activities.
10.68.010 BICYCLES DEFINED.
A “bicycle” is a device upon which a person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels.
(Ord. 2001-05 § 1, 2001: Ord. 76-15 § 1 (part), 1976).
10.68.015 PERSONAL TRANSPORTATION DEVICE (“PTD”) DEFINED.
A “personal transportation device” or “PTD” is an electric bicycle as defined by California Vehicle Code Section 406(b) and a motorized scooter as defined by California Vehicle Code Section 407.5, both of which are capable of transporting persons from one place to another at a maximum speed of not more than 20 miles per hour. “PTD” does not include a moped as defined in California Vehicle Code Section 406(a), a gas-powered motorized scooter as defined in California Vehicle Code Section 407.5(b), or a motorized skateboard as referenced in California Vehicle Code Section 21968.
(Ord. 2001-05 § 2, 2001).
10.68.020 STATE AUTHORITY.
Reference is made by this section to California Vehicle Code Division 11, Article 1, 4 relating to laws applicable to bicycle use and equipment, and by such reference any and all statutes relating to the operation of bicycles are incorporated into this chapter. Every person operating a bicycle or a PTD on a roadway has all the rights and is subject to all the duties applicable to the driver of a vehicle, by the laws of this state or by the ordinances of this city except those provisions of laws and ordinances which by their nature can have no application, and except as otherwise provided in this chapter.
(Ord. 2001-05 § 3, 2001: Ord. 76-15 § 1 (part), 1976).
10.68.030 OPERATION UPON SIDEWALKS.
No person shall ride a bicycle or electric bicycle upon sidewalks fronting and adjacent to commercial establishments, stores, or buildings used for business or commercial purposes. Every person operating a bicycle or electric bicycle upon a sidewalk where permitted shall yield the right-of-way to any pedestrians on such sidewalk. In accordance with California Vehicle Code Section 21235(g), the operator of a motorized scooter shall not operate the motorized scooter upon any sidewalk except as may be necessary to enter or leave adjacent property.
(Ord. 2001-05 § 4, 2001: Ord. 76-15 § 1 (part), 1976).
10.68.040 GROUP OPERATION.
No person or persons shall ride or operate bicycles or PTD’s other than single file, except on paths or parts of a roadway set aside for the exclusive use of bicycles and PTD’s.
(Ord. 2001-05 § 5, 2001: Ord. 76-15 § 1 (part), 1976).
10.68.050 PARKING.
No person shall park, stand, or chain any bicycle or PTD against windows, street trees, planter boxes, shrubs or planted areas, or on the main traveled portion of any sidewalk or public way, nor in such manner as to constitute a hazard to pedestrians, vehicular traffic, or property. If no bicycle racks or other facilities intended to be used for bicycle or PTD parking are available within 50 feet, bicycles or PTD’s may be parked on the sidewalk or locked to a parking meter pole, in an upright position parallel to and within twenty-four inches of the street curb.
(Ord. 2001-05 § 6, 2001: Ord. 76-15 § 1 (part), 1976).
10.68.060 BICYCLE PARKING PROHIBITED.
No person shall park a bicycle or PTD at any location which has been posted with signs prohibiting such parking.
(Ord. 2001-05 § 7, 2001: Ord. 76-15 § 1 (part), 1976).
10.68.070 RACING AND TRICK RIDING.
No person operating a bicycle or PTD upon a public highway or street shall participate in any unauthorized race, speed or endurance contest; provided, however, that the city council may authorize bicycle or PTD racing and trick riding events together with temporary closure of a portion of any street pursuant to Section 21101(e) of the State Vehicle Code.
(Ord. 2001-05 § 8, 2001: Ord. 76-15 § 1 (part), 1976).
10.68.080 PLACING OF BICYCLE RACKS.
No person shall place or maintain on any public right-of-way a bicycle rack or contrivance used for the holding or parking of bicycles without first being issued a permit therefor by the director of public works.
(Ord. 76-15 § 1 (part), 1976).
10.68.090 PASSENGERS.
No person riding or operating a bicycle or PTD shall carry another person on said bicycle or PTD unless such person or passenger is seated upon an individual seat or carrier with footrests separate from those intended to be used by the operator.
No person shall ride upon a bicycle or PTD as a passenger, unless he or she is seated upon an individual seat or carrier with footrests separate from those intended to be used by the operator.
(Ord. 2001-05 § 9, 2001: Ord. 76-15 § 1 (part), 1976).
10.68.100 ENTERING PUBLIC RIGHT-OF-WAY.
The operator of a bicycle or PTD, on approaching any public right-of-way when the view is obstructed, shall stop such bicycle or PTD immediately prior to entering upon such public right-of-way.
(Ord. 2001-05 § 10, 2001: Ord. 76-15 § 1 (part), 1976).
10.68.110 BICYCLE LICENSE REQUIREMENT.
It is unlawful for any person to operate a bicycle on any public street or sidewalk, or upon any public path set aside for the exclusive use of bicycles, unless such bicycle, as defined in this section, has been licensed under the provisions of this chapter or under licensing provisions of another public agency.
A “bicycle,” defined for licensing requirements under this section, is any device upon which a person may ride, propelled by human power through a belt, chain, or gears, and having either two or three wheels in tandem or tricycle arrangement, and which has wheels at least twenty inches in diameter and a frame of at least fourteen inches; or any motorized bicycle as defined by the State Vehicle Code.
(Ord. 76-15 § 1 (part), 1976).
10.68.120 OFFICIAL LICENSING AGENT.
The city manager is designated as official licensing agent and is authorized to appoint any person or persons to assist in the capacity of bicycle licensing agencies. Each licensing agency shall license bicycles for persons residing in the city and may license bicycles for nonresident persons upon request. Licensing agencies shall submit monthly reports to the licensing agent, indicating a monthly summary of all licensing activities and fees collected.
(Ord. 76-15 § 1 (part), 1976).
10.68.130 BICYCLE REGISTRATION CERTIFICATE.
At the time any person licenses a bicycle and pays the established license fee in accordance with the provisions of this chapter, the licensing agency shall provide him with a registration certificate bearing the date, owner’s name, address, telephone number, bicycle license number, the bicycle manufacturer, type and frame number and any other descriptive material concerning the bicycle deemed necessary by the licensing agent, and provisions for the transfer of ownership of said bicycle. In addition, at the time of licensing, the bicycle owner shall be issued his bicycle license bearing the unique number reflecting the proper indicia procured from the Director of Motor Vehicles pursuant to Section 39001 of the California Vehicle Code. The bicycle license shall remain in effect for the period of three years.
(Ord. 76-15 § 1 (part), 1976).
10.68.140 LICENSE REPLACEMENT.
In the event any bicycle license issued pursuant to the provisions of this chapter is lost or stolen, the licensee shall immediately notify the licensing agency of such loss, and shall apply to said licensing agency for a new bicycle license; whereupon, said licensing agency shall issue to such licensee a new bicycle license.
(Ord. 76-15 § 1 (part), 1976).
10.68.150 FEES.
The fees required to be paid pursuant to the provisions of this chapter shall be those fees established by resolution adopted by the city council.
(Ord. 76-15 § 1 (part), 1976).
10.68.160 TAMPERING.
It is unlawful for any person to remove, destroy, mutilate or in any way alter or tamper with any bicycle license issued pursuant to the provisions of this chapter.
It is unlawful for any person to remove, alter or mutilate the serial number of any bicycle frame licensed under the provisions of this chapter.
(Ord. 76-15 § 1 (part), 1976).
10.68.170 BICYCLE FUND.
All amounts collected in excess of the cost of conducting and administering the bicycle licensing program, including reasonable cost-reimbursement to licensing agencies, shall be placed in a special bicycle fund. The bicycle fund shall be used to improve bicycle safety programs and to establish and maintain bicycle facilities, including, but not limited to, bicycle paths and lanes.
(Ord. 76-15 § 1 (part), 1976).
10.68.180 AUTHORITY TO NUMBER BICYCLE FRAMES.
All bicycles sold shall have, as a means of identification, serial numbers marked on the frame of the bicycle. Licensing agencies may mark numbers on bicycles not bearing manufacturer’s serial numbers.
(Ord. 76-15 § 1 (part), 1976).
10.68.190 RENTAL AGENCIES.
A rental agency operating within the city shall not rent or offer any bicycle for rent unless said bicycle is licensed as provided in this chapter.
(Ord. 76-15 § 1 (part), 1976).
10.68.200 OPERATION OF PTD’S ON MUNICIPAL PATHWAYS NOT WITHIN THE ROADWAY.
PTD’s may be operated on any municipal bicycle path, trail, or bikeway, unless the Santa Cruz city council or the governing body of the public agency having jurisdiction over such path or bikeway prohibits such operation by resolution. Any gasoline-powered transportation device (motorized scooters, motorized bicycles or motorized skateboards) shall not be operated on any municipal bikeway.
(Ord. 2001-05 § 11, 2001: Ord. 77-49 § 1, 1978).
10.68.210 EXCEPTION FOR POLICE ENFORCEMENT ACTIVITIES.
Nothing in this code shall preclude police officers from operating bicycles, while acting within the scope of their duties, in any reasonable manner when it is for the purpose of taking enforcement action or carrying out the performance of their duties.
(Ord. 91-39 § 1, 1991).