HomeMy WebLinkAboutOrdinance #432 i
ORDINANCE NO. �J
AN ORDINANCE PROVIDIN
G FOR THE REGIS-
TRATION OF BICYCLES BY THE OWNERS THEREOF,
AND FOR THE PREVENTION OF THEFT OF, THE SATi4E,
AND FOR THE DETECTION AND IDENTIFICATION OF
LOST OR STOLEN BICYCLES AND; `FOR THE OPERA-
TION THEREOF UPON ANY STREET OR PUBLIC
HIGHWAY OF THE CITY OF HUNTINGTON BEACH;
REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH, AND PRO-
VIDING PENALTIES FOR THE VIOLATION HEREOF.
The City Council of the City of Huntington Beach,
California, do ordain as follows:
Section 1: The word "person" shall mean and include
both the singular and plural, and shall also mean and in-
clude person, individual, firm, corporation, copartnership,
association, club, society or any other organization.
Section 2: That each and every owner or person in
charge or control of a bicycle or bicycles, excepting
dealers thereof, within the corporate limits of the City
of Huntington Beach, County of Orange, State of California,
shall within thirty (30) days from and after the passage of
thi-s—or ante, register said bicycle with the City Clerk
rof the City of Huntington Beach. Said applicant shall
state the name and address of the owner or person in
charge or control of such bicycle .or bicycles, the make and
kind of bicycle, the factory number thereof, the name of
i the person, firm, corporation or association, from whom the
same was purchased, and such other description and infor-
mation relative thereto as may, .in the ,judgment of the
City Clerk of the City of Huntington Beach be necessary
and proper for the identification thereof; thereupon the
City Clerk of the City of Huntington Beach shall, upon the
payment of a fee of twenty-five (25f) cents by said appli-
cant for the use and benefit of the City of Huntington
Beach, issue to such applicant an identification metal tag
having thereon, in raised figures and letters"P. D. ",t the
year, and a serial number, which tag shall be immediately
placed and securely attached by such owner or person in
charge or control of such bicycle or bicycles upon the frame
of such bicycle, and at or just below the handle bars there-
of, so that the same may be plainly seen, and which metal
tag shall at all times during the current year remain on
said bicycle and not be- removed therefrom.
Said City Clerk of the City of Huntington Beach shall
at the same time give to said person in charge or control of
such bicycle or bicycles an identification card, said card to
be carried at all times by the person i n dzarge thereof,
when said bicycle is in use, having upon it the identifica-
tion number assigned to the owner of such bicycle registered,
also stating the name and address of the owner, and a brief
description of such bicycle.
Section 3: On and after the lst day of February, 1940,
the annual registration of bicycles as herein provided shall
begin with the first day of January of each year and end with
the 31st day of December of each , g y year, and the registration
of each and every bicycle owned and used within the corporate
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limits of the City of Huntington Beach shall be ac-
complished each year in the manner provided in Section 2
hereof.
Section 4: The City Clerk of the City of Huntington
Beach shall be and he is hereby required to carefully
file and preserve said application set out in Section 2
r, hereof, and to keep a register of all bicycles for which
said metal identification tags and cards are issued, which
register shall contain the name of the owner or person in
charge or control of such bicycle or bicycles, the make
and.' factory number of the bicycle, and the number of the
identification tag, and such other memoranda as may be in
the discretion of the City Clerk of the City of Huntington
Beach necessary and proper for the carrying out of the
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purpose of this ordinance ,and the proper identification
of such bicycles.
.0 Section 5: Whenever any person sells, trades or
transfers any registered bicycle, he shall endorse upon
the identification card a written transfer of the same,
naming the person and the address to whom the same is
transferred, and such transferee shall immediately notify
the City Clerk of the City of Huntington Beach of such
transfer to him, and said City Clerk shall, upon the pay-
ment to him of the fee of twenty-five (25¢) cents, issue
a new identification card in the name of such transferee,
which identification card shall bear the original number "
of the metal identification tag and the number of the
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original card, and shall enter upon the register provided
for in Section 4 hereof the name and address of the trans-
feree and purchaser thereof.
Section 6: In the event the said metal identi-
fication tag or identification card provided for by this
ordinance be lost or stolen from such bicycle, the owner
or person in charge of such bicycle shall immediately notify
the City Clerk of the City of Huntington Beach of the loss
of the same, and the said City Clerk shall, when such owner
or person in charge, or control, of such bicycle mikes proper
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affidavit of the ass of said metal tag or said identification
card, stating the facts of said loss as nearly as possible,
issue. to said owner or person in charge of such bicycle,
upon the payment to said City Clerk for the use and benefit
of the City of Huntington Beach, a fee of twenty-five (26¢)
cents, a new identification tag or card, or both, as the
case may be.
Section 7: It is expressly declared to be the duty
of each and every owner or person in charge or control of
any bicycle to immediately notify the Police Department of
the City of Huntington Beach of the loss by theft or other-
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wise of any such registered bicycle, and the City Clerk of
the City of Huntington Beach shall allow to the Police Depart-
ment full and complete access to all records he may have for
the identification and registration of bicycles within said
t City of Huntington Beach.
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Section 8: It shall be the duty of every person,
firm or corporation dealing in bicycles in the City of
Huntington Beach, County of Orange, State of California,
either as a business or as an occasional buyer and seller
of the same, to keep at the place of business a record of
all bicycles bought , sold or rented by him, giving an ac-
curate description of such bicycles, and from whom received,
together with his address, the factory number of the bicycle,
and the serial number thereof, if any, also to whom sold
or rented, giving their names and addresses and the number
of the identification tag and identification card, if any,
together with the, date of such transaction; this record to
be kept in a plain and legible handwriting in a well-bound
uniform book•, which shall at all times be open to the in-
spection .of the Police Department of the City of Huntington
Beach.
Section 9: It is hereby declared unlawful, after
thirty (30) days after the passage and adoption of this
ordinance, for any person, acting either for himself or
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any other person, to change the factory or serial number on
any bicycle, or to remove or to permit the removal of the
identification metal tag from same, or to use any bicycle
upon the streets, alleys, courts or public places, of the
City of Huntington Beach without the same being registered
as herein provided in Section 2 and having had issued to him
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and placed upon the bicycle the metal identification tag
of the current year, or to use any bicycle without the
said metal identification card of the current year being
displayed thereon, in the place provided for in Section 2
hereof, or to fail or refuse to make said application and
register the same.
Section 10: It shall be unlawful for any person
to operate, drive or ride any bicycle upon the streets or
public highway of the City of Huntington Beach between
o the hours commencing one-half hour after sunset and ending
one-half hour before sunrise, without a lighted light on
p the front of said bicycle capable of being observed at a
reasonable distance from said bicycle, and also a red re-
flector tail light on the rear thereof capable of being.
observed at a reasonable distance from said bicycle.
Section 11: If any section, subsection, sentence,
clause or phrase of this ordinance is for any reason held
to be invalid or uncondAtutional, such decision shall not
affect the validity of the remaining portions of the ordin-
ance. The City Council of the City of Huntington Beach,
California, hereby declares that it would have passed this
ordinance, and each section, subsection, sentence, clause -
and phrase thereof, irrespective of the fact that any one
or more other sections, subsections, sentences, clauses or
phrases be declared invalid or unconstitutional.
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Section 12: Any person violating any of the pro-
visions of this ordinance shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished
by a fine not exceeding Three Hundred ($300.00) Dollars, or
by imprisonment in the County Jail of Orange County, Calif-
ornia, for a period of not more than three (3) months, or
by both such fine and imprisonment.
Section 13: The City Clerk shall certify to the
9 passage of this ordinance by the City Council of the City
of Huntington Beach, California and shall cause the same
to be published by one insertion in the Huntington Beach
�-- News, a weekly newspaper printed, published and circulated
in the City of Huntington Beach, and thirty (30) days after
the adoption hereof the same shall take effect and be in
force.
PASSED AND ADOPTED by the City Council of the
City of Huntington Beach, California, at a Regular adjourned
meeting thereof held on the 22nd day of December, 1939.
YOR
ATTEST:
�1 City Clerk.
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— STATE OF CALIFORNIA, )
County of Orange, ) SS:
City of Huntington Beach. )
I, C. R. FURR, City Clerk and ex-officio Clerk
of the City Council of the City of Huntington Beach,
California, do hereby certify that the foregoing ordinance
v was presented and read to the City Council at a regular
meeting thereof held on the 4th day of December, 1939,
and was again read to said City Council at a regular adjourned
! ° meeting thereof held on the 22 day of December, 1939,
and was passed and adopted by the following vote:
, �— AYES: Councilmen: Morehouse ,Chamness,i'albert ,McCallen
NOES: Councilmen: None
ABSENT: Councilmen: Henriekson
4AI"11"ll
City Cle a d ex-officio Clerk
of the City Council of the City
of Huntington Beach, California.
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