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HomeMy WebLinkAboutOrdinance #1784 ORDINANCE NO. 1784 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 6102 , 6102 . 1, 6103 , 6104 , CHAPTER 67, ARTICLE 733, AND AMENDING SECTIONS 6115 , 7525 .3 AND 7341.1; AND ADDING THERETO NEW CHAPTER 67 PERTAINING TO THE LICENSING AND OPERATION OF BICYCLES IN SAID CITY The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Sections 6102 , 6102 .1, 6103 , 6104, Chapter 67 and Article 733 of the Huntington Beach Ordinance Code are hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 6115 , 7525 .3 and 7341 . 1 to read as follows : 6115 . PEDESTRIAN OVERCROSSING. RIDING OVER PROHIBITED . It shall be unlawful for any person to ride a skate board, coaster, toy vehicle , roller skates or any vehicle of a similar nature over any pedestrian overcrossing within the limits of the City of Huntington Beach . 7525 .3 . SKATE BOARDS PROHIBITED. No person shall possess any skate board, or any similar type vehicle upon the municipal pier at any time . 7341 . 1 . OBSTRUCTION OF PEDESTRIAN TRAFFIC BY ANIMALS OR VEHICLES . No person, after first being warned by a law enforce- ment officer, or where a sign or signs have been posted in accord- ance with the provisions of this article , shall ride , operate , walk or park any motorcycle , horse , or other similar object or animal, in or upon any public or quasi public sidewalk, street , curb , crosswalk, walkway area, mall, or that portion of private property utilized for public use , so as to hinder or obstruct unreasonably the free passage of pedestrians thereon, or to create any hazardous condition thereon. SECTION 3 . The Huntington Beach Ordinance Code is hereby amended by adding thereto new Chapter 67, entitled "Bicycles , " 1 . to read as follows : CHAPTER 67 BICYCLES 6700 . LICENSE AND REGISTRATION REQUIRED. No person, residing in the city of Huntington Beach, shall ride or propel any bicycle upon any street , alley, park or bicycle path or other public place in this city which is not registered and for which the appropriate registration fee has not been paid or which does not bear a license plate or sticker as required by the provisions of this code . 6701. APPLICATION FOR REGISTRATION. Application for registration of a bicycle shall be made by the owner thereof to the Chief of Police upon appropriate forms furnished by the police department . Such application shall contain the name and address of the owner or person having charge or control of such bicycle , the make and kind of bicycle , the factory number there- of, the name of the person, firm, corporation or association from whom purchase was made , and any other information or de- scription which is deemed necessary by the Chief of Police for purposes of identification. 6701.1. ISSUANCE OF IDENTIFICATION CARD . Upon payment of the registration fee provided by this chapter, the Chief of Police shall issue to applicant an identification card con- taining the following information: the identification number assigned to applicant , applicant ' s name and address , and a brief description of the bicycle being licensed, which said identification card shall be retained by applicant as proof of ownership, and kept in a safe place . All licenses shall be issued for a three (3) year period from and after January 1 of the year in which such bicycle is licensed. 6701 . 2 . IDENTIFICATION TAG. Upon registration of any bi- cycle and the payment of the fee required by this chapter, the Chief of Police shall issue to applicant an identification tag bearing thereon a serial number and an expiration date to be affixed to the frame of such bicycle in plain view below the seat thereof. Such tag shall remain on such bicycle and shall not be removed therefrom for the duration of the registration period for which such tag was issued. 6701.3 . RECORDS . The Chief of Police shall keep a record of the date of issuance of each license , to whom issued and the number thereof, and such other information as he deems necessary for the identification of bicycles and the enforcement of the 2 . provisions of this chapter. 6701. 4 . FEES . The fees required to be paid pursuant to this chapter are : (a) For new license and registration, the sum of $1 . (b ) For each transfer of ownership card applied for, the sum of 25 cents . (c) For reissue of identification card or tag lost , stolen, destroyed, mutilated or illegible , the sum of $1 . 6701 .5 . SALE OR TRANSFER OF BICYCLE . Whenever any person sells , trades , disposes of or transfers any bicycle registered pursuant to the provisions of this chapter, he shall endorse upon the identification card heretofore issued for such bicycle , a written transfer of same, setting forth the name and address of the transferee , the date of transfer and the signature of the transferor, and shall deliver such identification card so endorsed to such transferee at the time of the transfer. Such transferee shall immediately notify the Chief of Police of such transfer and shall apply for an identification card . For such transfer of registration, the transferee shall furnish his name and address , and upon payment of transfer fee , the Chief of Police shall issue a new identification card for such bicycle , bearing the original number of the identification tag. The Chief of Police shall enter such transfer in his records pur- suant to Section 6701 . 3 hereof. 6701.6 . BICYCLE DEALERS ' RECORDS . Every person engaged in the business of buying, trading, or selling bicycles in this city shall keep at his place of business a record of all bicycles bought , sold or rented by him, giving the date of such trans- action, the name and address of the person from whom purchased or traded, or to whom sold or rented, a description of such bi- cycle by name and make, the frame or serial number, and the number of the license plate or sticker affixed thereto , if any , found thereon. Such record shall be maintained in a plain, legible handwriting in a bound book, which record shall be avail- able for inspection by members of the police department at all reasonable times . 6701 . 7 . LOSS OF IDENTIFICATION CARD OR TAG. In the event any. identification card or tag is lost or stolen for any bicycle registered pursuant to this chapter, and the owner or person having charge or control of such bicycle furnishes satisfactory proof to the Chief of Police of such loss or theft , upon payment of the fee provided by Section 6701. 4 of this chapter, the Chief of Po- lice shall issue a new identification card or tag. It shall be 3 . the duty of u an owner or person y y p n having charge or control of any bicycle registered pursuant to this chapter, to notify the Chief of Police immediately of the loss or theft of such bicycle . 6701. 8 . TAMPERING WITH SERIAL NUMBER OR IDENTIFICATION TAG PROHIBITED . It shall be unlawful for any person to remove, destroy, mutilate , tamper with, or alter the serial number on the frame of any bicycle, or the identification tag affixed to the frame of any bicycle registered pursuant to the provisions of this chapter; provided, however, that nothing herein shall prohibit the Chief of Police from placing numbers or letters on frames of bicycles for purposes of identification. 6701.9 . TAMPERING WITH IDENTIFICATION CARD PROHIBITED . It shall be unlawful for any person to tamper with, destroy, mutilate or alter any registration or identification card issued pursuant to the provisions of this chapter. 6702 . RIDING ON SIDEWALK . No person shall ride a bi- cycle upon a sidewalk within any business district, or upon the sidewalk adjacent to any public school building, church, rec- reation center, playground or over any pedestrian overcrossing. 6702 . 1. YIELDING RIGHT OF WAY . Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian, and when overtaking and passing a pedestrian shall give an audible signal . 6702 . 2 . RIDING IN A GROUP . Persons operating bicycles on a roadway shall not ride more than two abreast except on paths or parts of roadways set aside - for -the exclusive use of bi- cycles . 6702 .3 . PARKING. No person shall p a ark bicycle upon a p y street other than against the curb , or upon a sidewalk other than in a rack or against a building. 6702 . 4 . RIDING ON PIER PROHIBITED. No person shall possess any bicycle or any similar type vehicle upon the municipal pier at any time . 6702 .5 . BICYCLES . IMPOUNDING OF. No person shall park or leave a bicycle in the area between Pacific Coast Highway and the mean high tide line of the Pacific Ocean in a manner so as to block or impede any road, vehicle route , walkway, or path, or so as to block or impede, ingress or egress from any build- ing, stair, pier, or bridge . Any bicycle so parked or left may be impounded by the Department of Harbors and Beaches or by the Department of Police , and may be held until the sum of Five Dollars ($5) has been collected to defray the cost of impound . 4 . (a) Any bicycle which has been so impounded and held for three (3) months without redemption by or on behalf of the law- ful owner thereof shall, if saleable, be sold at such time and place and in such manner for the reasonable value thereof, as provided by Section 1254 of this code . (b ) When any bicycle so impounded bears the identification tag required by the provisions of this chapter., the impounding agency shall within seven (7) days after impound send by regu- lar mail a notification of impound addressed to the registered owner at the registered address . 6703 . ENFORCEMENT . The Chief of Police shall have the right to impound and retain possession of any bicycle being operated in violation of the provisions ,of this chapter, and may retain possession of such bicycle until the provisions of this chapter are complied with, and all fees provided by Sec- tion 6701. 4 have been paid. If such bicycle is not claimed within three ( 3) months , it shall be deemed to be abandoned . 6703 . 1 . SEVERABILITY . If any section, subsection, sentence , clause , phrase or portion of this chapter, or any future amend- ments or additions hereto, is for any reason held ,to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter, or any future amendments or additions hereto . The City Council of the City of Huntington Beach hereby declares that it would have adopted this chapter and each section, subsection, sentence , clause , phrase or por- tion or any future amendments or 'additions thereto , irrespective of the fact that any one or more sections , subsections , clauses , phrases , portions or any future amendments or additions thereto be declared invalid or unconstitutional . SECTION 4 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Hunt- ington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 5 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th 5 . Ord. ND. 1784 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss : CITY OF HUNTINGTON BEACH ) I , PAUL C. JONES, The duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 16th day of October 19 72 , and was again read to said City Council at a regular meeting thereof held on the 6th day of November , 19 72 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None f. PAUL C. JONES, CITY CLERK of the City of City Clerk and x-Officio Clerk Huntington Beach and ex-officio Clerk of the City of the City Council Of the City Council, do hereby certify that this ordinance has been published in the Huntington Beach News on i Of Huntington Beach, California - ._.. � ------ ---- 19e .. . In accordance with the City Charter of said City. ,PAUL �. J-N City Clerk erk Deputy City Cl