Chapter 10.69
ABANDONED OR INOPERATIVE BICYCLES

Sections:

10.69.010    Public nuisance.

10.69.020    Enforcement officer.

10.69.030    Notice of intention.

10.69.040    Removal.

10.69.050    Storage.

10.69.060    Disposal.

10.69.070    Nonexclusive remedy.

10.69.010 PUBLIC NUISANCE.

(a)    The accumulation and storage of abandoned, wrecked, dismantled, or inoperative bicycles or parts thereof on public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative bicycle or part thereof on public property is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.

(b)    As used in this chapter:

(1)    “Bicycle” means a device upon which any person may ride, propelled by human power through a belt, chain, or gears, and having either two or three wheels in a tandem or tricycle arrangement.

(2)    Unless specifically excluded, the definition of bicycle includes a “motorized bicycle,” which is any two- or three-wheeled device having fully operative pedals for propulsion by human power, or having no pedals if powered solely by electrical energy, and an automatic transmission and a motor which produces less than two gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground.

(Ord. 94-26 § 1 (part), 1994).

10.69.020 ENFORCEMENT OFFICER.

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the director of public works or any person so designated by the director of public works. In the enforcement of this chapter, such officer and any person so designated by him/her may remove or cause the removal of a bicycle or parts thereof from public property when declared to be a nuisance pursuant to this chapter.

(Ord. 94-26 § 1 (part), 1994).

10.69.030 NOTICE OF INTENTION.

Notice of intention to abate and remove the bicycle or parts thereof as a public nuisance shall be given not less than forty-eight hours prior to the removal. The notice of intention to remove the bicycle or parts thereof shall be affixed firmly to the bicycle or parts thereof so affected. The notice shall include information as to the date the notice was posted, the number of days in which the bicycle or parts thereof may be removed, and the address of where the bicycle or parts thereof shall be removed to.

(Ord. 2016-03 § 1 (part), 2016: Ord. 94-26 § 1 (part), 1994).

10.69.040 REMOVAL.

Forty-eight hours after posting the notice of intention, the bicycle or parts thereof may be removed by the enforcement officer or designated representative and transported to the Santa Cruz police department for storage. Upon removal, the enforcement officer or designated representative shall inventory the bicycle on record as to make, model, color, and accessory equipment, as well as location and date of removal.

(Ord. 2016-03 § 1 (part), 2016: Ord. 94-26 § 1 (part), 1994).

10.69.050 STORAGE.

An abated bicycle or parts thereof which has been removed shall be stored by the Santa Cruz police department for a minimum of ninety-one days, during which time the owner may retrieve the bicycle or parts thereof at his/her expense. The city council shall determine and fix by resolution an amount to be charged for removal and storage fees. Payment of removal and storage fees must be paid by the owner of the bicycle or parts thereof before the bicycle or parts thereof may be released. A bicycle license must be obtained and verified before the bicycle may be released to the owner. The cost of replacement of any bicycle locking device which was destroyed in the process of removing the bicycle or parts thereof shall be borne by the owner.

(Ord. 94-26 § 1 (part), 1994).

10.69.060 DISPOSAL.

An abated bicycle or parts thereof which has not been retrieved from the Santa Cruz police department within ninety-one days shall become property of the city of Santa Cruz and is eligible for sale by public auction, disposition pursuant to Chapter 2.24 of this code, or sale or disposition pursuant to any other applicable statute, ordinance or resolution.

(Ord. 94-26 § 1 (part), 1994).

10.69.070 NONEXCLUSIVE REMEDY.

This chapter is not the exclusive regulation of abandoned, wrecked, dismantled or inoperative bicycles within the city of Santa Cruz. It shall supplement and be in addition to any other applicable regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 94-26 § 1 (part), 1994).