Chapter 10.28
BICYCLES AND ELECTRIC CARTS
Sections:
10.28.010 Bicycle defined.
10.28.020 License and registration forms.
10.28.030 Violations.
10.28.040 Application for license indicia and registration.
10.28.050 License indicia fee.
10.28.060 Issuance of license.
10.28.070 Renewal.
10.28.080 Lost license indicia.
10.28.090 Lost registration card.
10.28.100 Records.
10.28.110 Information required upon retail sale.
10.28.120 Recordation of transfer.
10.28.130 Riding on sidewalks in commercial areas.
10.28.140 Operation of electric carts on public sidewalks.
10.28.010 Bicycle defined.
“Bicycle” means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears having either two or three wheels (one of which is at least twenty (20) inches in diameter, in tandem or tricycle arrangement) or having a frame size of at least fourteen (14) inches. Bicycle includes motorized bicycles. (Prior code § 10.25)
10.28.020 License and registration forms.
The chief of police shall obtain the bicycle registration forms and the standard statewide bicycle licensing plate authorized by California Vehicle Code Section 39001. All fees collected shall be deposited in the Motor Vehicle Account in the State Transportation Fund as required by said Section 39001. (Ord. 02-5 § 12(part): prior code § 10.26)
10.28.030 Violations.
A. No person shall operate or use a bicycle in the city which has not been registered and equipped with one or more license indicia as provided in this chapter or has not been registered and equipped with a license indicia by any other county or city in the state.
B. No person shall tamper with, destroy, mutilate, or alter any license indicia or registration form, or to remove, alter, or mutilate the serial number, or the identifying marks of a licensing agency’s identifying symbol, or any bicycle frame licensed under the provisions of this chapter.
C. Any violation of this section shall constitute an infraction and shall be subject to a penalty as set forth in Vehicle Code Section 39011.
D. The city police department shall have the right to impound and retain possession of any bicycle in violation of the provisions of this chapter, and may retain possession of such bicycle until the provisions of this chapter are complied with. (Ord. 02-5 § 12 (part): prior code § 10.27)
10.28.040 Application for license indicia and registration.
Every person desiring a bicycle license indicia or registration in the city shall make application to the chief of police upon the approved registration form and shall pay the required license fees. After completing the registration form and issuing the license indicia, the city police department shall furnish to the applicant a duplicate of the approved registration form. (Ord. 02-5 § 12 (part): prior code § 10.28)
10.28.050 License indicia fee.
The licensing fee charged shall be one dollar ($1.00) for each calendar year or portion of a calendar year for which the license indicia or renewal thereof is effective. (Ord. 02-5 § 12 (part): prior code § 10.29)
10.28.060 Issuance of license.
Upon approval of the application, and payment of the license fee, the chief of police shall issue a bicycle license indicia and registration card, which shall be effective until December 31st of the third year following the year of registration. (Ord. 02-5 § 12 (part): prior code § 10.30)
10.28.070 Renewal.
Application for renewal of an expired bicycle license shall be made by the owner, between January 1st and March 1st succeeding the expiration date, and shall be made by presentation of the registration card last issued for the bicycle and by the payment of the full three-year fee for such bicycle as provided in this chapter. (Ord. 02-5 § 12 (part): prior code § 10.32)
10.28.080 Lost license indicia.
Upon loss of a license indicia, or mutilation, the licensee shall be required to report its loss, theft, or mutilation within ten (10) days. Upon receipt of such report the chief of police shall cancel the license number and issue a new license indicia to the licensee upon receipt of a fee of fifty cents ($0.50). (Ord. 02-5 § 12 (part): prior code § 10.33)
10.28.090 Lost registration card.
Upon loss of a registration card, the licensee shall make application of a duplicate card which shall be issued free of charge. (Ord. 02-5 § 12(part): prior code § 10.34)
10.28.100 Records.
The city police department shall maintain records of each bicycle registered. Such records shall include, but not be limited to, the license number, the serial number of the bicycle, the make and type of the bicycle, and the name and address of the licensee. Such records shall be maintained during the period of validity of the license or until notification that the bicycle is no longer to be operated. (Prior code § 10.35)
10.28.110 Information required upon retail sale.
A. Preregistration Form. Each bicycle retailer and each bicycle dealer shall supply to each purchaser a preregistration form provided by the police department and shall include, on the sales check or receipt given to the purchaser, a record of the following information: name of retailer, address of retailer, year and make of the bicycle, serial number of the bicycle if delivered to the purchaser in an assembled state, general description of the bicycle, name of purchaser, and address of purchaser. A copy of the preregistration form shall be filled out and forwarded by the purchaser to the city police department within ten (10) days from date of sale.
B. Definition. “Bicycle dealer” means any person who sells, gives away, buys or takes in trade for the purpose of resale, more than five bicycles in any one calendar year, whether or not such bicycles are owned by such person. Bicycle dealer also includes agents or employees of such person. (Prior code § 10.36)
10.28.120 Recordation of transfer.
A. Whenever any person sells or otherwise disposes of a bicycle, he or she shall endorse upon the registration certificate previously issued for such bicycle a written transfer of same, setting forth the name, address, telephone number of the transferee, date of transfer, and signature of the transferor, and shall deliver the registration certificate, so endorsed, to the city police department within ten (10) days.
B. Any person who purchases or otherwise acquires possession of a bicycle shall, within ten (10) days of taking possession, apply for the transfer of license to his own name. The police chief may establish rules and regulations to govern and enforce the provisions of this section. (Prior code § 10.37)
10.28.130 Riding on sidewalks in commercial areas.
No person shall ride or operate a bicycle on any sidewalk in the city fronting a commercial establishment. Any person in violation of this section shall be guilty of an infraction and upon a first conviction thereof be punished by a fine of not more than ten dollars ($10.00) and upon a second conviction by a fine of not less than twenty-five dollars ($25.00). Where this section has been violated by persons under the age of sixteen (16) years, in lieu of such fines as provided hereunder, the person sitting as the traffic hearing officer of juvenile traffic court may prohibit the operation of a bicycle by the person upon the streets, alleys and public places in the city for a period not to exceed thirty (30) days, and if such juvenile owns or controls a bicycle, may order the bicycle to be impounded at the police department for the period so specified by the court. At the expiration of the specified impoundment the bicycle will be returned to the owner. (Ord. 02-5 § 12 (part): prior code § 10.38)
10.28.140 Operation of electric carts on public sidewalks.
A. Pursuant to authorization of California Vehicle Code Section 21114.5, physically disabled persons and persons fifty (50) years of age or older may operate electric carts on the public sidewalks within the city, subject to prior compliance with subsection B of this section.
B. Any person owning an electric cart shall, prior to operating same on any public sidewalk of the city, apply to the chief of police for a permit and an identification sticker to so operate the cart. The chief of police shall issue such a permit and an identification sticker at no cost to any person qualified under subsection A of this section. The person receiving such sticker shall affix such sticker to the electric cart prior to operating the same on public sidewalks of the city. (Prior code § 10.39)