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HomeMy WebLinkAboutOrdinance #1913 ORDINANCE NO. 1913 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTER 67 THEREOF, AND ADDING NEW CHAPTER 67 ENTITLED, "BICYCLES" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . Chapter 67 of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by adding thereto new Chapter 67 entitled, "Bicycles," to read as follows : 6700 . DEFINITIONS. For the purpose of this chapter, the following words and phrases are defined as hereinafter set forth: (a) Bicycle lane is that portion of a roadway, other than state and county highways, set aside by striping for the use of bicycle riders and so designated, as provided in this chapter. (b) Bicycle path is a pathway for bicycle riders and Pedes- trians that has been physically separated from a roadway. (c ) Bicycle is a device upon which any person may ride , nropelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement . (d) Highway is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street . (e) Roadway is that portion of a highway improved, de- signed, or ordinarily used for vehicular travel . (f) Chief of Police shall include his designated represen- tative . 6701. LICENSE AND REGISTRATION REQUIRED. No person, residing in the city of Huntington Beach shall ride or propel any bicycle upon any street, alley, park, bicycle path or lane, or other public place in this city which is not registered and JG: er 1 . 4/4/74 for which the appropriate license fee has not been paid or which does not bear a license plate or sticker as required by the provisions of this code . 6701 . 1. APPLICATION FOR REGISTRATION AND LICENSE. Appli- cation for registration and license 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 con- trol of such bicycle, the make and kind of bicycle, the factory frame or serial number thereof, and any other information or description which is deemed necessary by the Chief of Police for purposes of identification. 6701 . 2. ISSUANCE OF REGISTRATION CARD. Upon payment of he license fee provided by this chapter, the Chief of Police shall issue to applicant a registration card containing the following information: the license number assigned to applicant, applicant ' s name and address, and a brief description of the bicycle being registered, which said registration card shall be retained by applicant as proof of ownership, and kept in a safe place. All license tags shall expire on the third January lst subsequent to the calendar year in which such license tag is issued. 6701. 3 . LICENSE TAG. Upon registration of any bicycle and the payment of the license fee required by this chapter, the Chief of Police shall issue to applicant a license tag bearing thereon a license serial number and an expiration date to be affixed to the frame of such bicycle in plain view below the seat thereof. Such license tag shall remain on such bicycle and shall not be removed therefrom for the duration of the license period for which such license tag was issued. 6701 . 4. RECORDS. The Chief of Police shall keep a record of the registration and the date of expiration of each license, to whom issued and the license serial number thereof, and such other information as he deems necessary for the identification of bicycles and the enforcement of the provisions of this chapter. 6701 . 5. 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 , which requires a new license tag and new registration card, the sum of $1. (c) For reissue of registration card or license tag lost , stolen, destroyed, mutilated or illegible, the sum of $1. 2. 6701. 6 . 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 registration 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 registration 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 a new registration card and new license tag. For such transfer of registration, the transferee shall furnish his name, address , and transferor' s registration card, and upon payment of new license tag fee, the Chief of Police shall issue a new registration card and new license tag for such bicycle. The Chief of Police shall enter such transfer in his records pursuant to Section 6701. 4 hereof. 6701. 7. BICYCLE DEALER' S 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 transaction, the name and address of the person from whom purchased or traded, or to whom sold or rented, a description of such bicycle by name and make, the factory frame or serial number, and the serial number of the City of Huntington Beach license tag affixed thereto, if any, found thereon. Such record shall be maintained in a plain, legible handwriting in a bound book, which record shall be available for inspection by members of the police department at all reasonable times . 6701. 8. LOSS OF REGISTRATION CARD OR LICENSE TAG. In the event any registration card or license 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 . 5 of this chapter, the Chief of Police shall issue a new registration card and license tag. It shall be the duty of any owner or person 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 . 9. TAMPERING WITH FACTORY FRAME OR SERIAL NUMBER OR LICENSE TAG PROHIBITED. It shall be unlawful for any person to remove, destroy, mutilate , tamper with, or alter the factory frame or serial number on any bicycle, or the license 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 . 10 . TAMPERING WITH REGISTRATION CARD PROHIBITED. It 3. shall be unlawful for any person to tamper with, destroy, muti- late or alter any registration card issued pursuant to the pro- visions of this chapter. 6701. 11 . 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. (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 license tag required by the provisions of this chapter, the impounding agency shall within seven (7) days after impound send by regular mail a notification of impound addressed to the registered owner at the registered address . 6701. 12 . 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 Sections 6701 through 6701. 11 hereof, and may retain possession of such bi- cycle until the provisions of such sections are complied with, and all fees provided by Section 6701 . 5 have been paid. If such bicycle is not claimed within three (3) months, it shall be deemed to be abandoned. 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, recrea- tion 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. A person riding a bicycle off a sidewalk and onto a roadway shall yield to all traffic on the roadway. 6702. 2 . RIDING IN GROUP. Persons operating bicycles on a bicycle lane or path shall not ride more than two abreast . 6702. 3 . PARKING. No person shall park a bicycle upon a 4. 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 mu- nicipal pier at any time . 6702. 5. BICYCLE LANES AND PATHS ESTABLISHED. The City Council hereby establishes those bicycle lanes and paths as designated on the Preliminary Plan; Trails Element to the Master Plan of the City of Huntington Beach, and as such Pre- liminary Plan; Trails Element to the Master Plan may be amended hereafter from time to time. 6702. 6 . IMPLEMENTING ESTABLISHMENT OF BICYCLE LANES AND PATHS . The City Administrator is hereby authorized, em- powered and directed to implement the establishment of the bicycle lanes and paths , as designated on the Preliminary Plan; Trails Element to the Master Plan of the City of Huntington Beach, and as such Preliminary Plan; Trails Element to the Master Plan may be amended hereafter from time to time. 6702. 7. BICYCLE LANES . MARKINGS AND ERECTION OF SIGNS. The Traffic Engineer is authorized to erect or place signs upon any street or adjacent to any street in the city indicating the existence of a bicycle lane or path, and otherwise regu- lating the operation and use of vehicles and bicycles with respect thereto . When such signs are in place, no person shall disobey the same . The bicycle lane shall be designated on such street by a four (4 ) inch wide reflectorized green and white dashed line, or in such other manner as the Traffic Engineer shall determine will provide sufficient notice of the existence of such bicycle lane. 6702. 8. BICYCLES REQUIRED TO BE OPERATED WITHIN BICYCLE LANES. No person shall ride or operate a bicycle upon a road- way adjacent to bicycle lanes which have been designated. 6702. 9 . DIRECTION OF TRAVEL. No person shall ride or operate a bicycle within a bicycle lane or path in any direc- tion except that permitted vehicular traffic travelling on the same side of the roadway; provided that bicycles may proceed either way along a lane or path where arrows appear on the sur- face of the lane designating two-way traffic . 6702. 10 . WALKING BICYCLES. Bicycles may be walked sub- ject to all provisions of law applicable to pedestrians . 6702. 11. VEHICULAR TRAFFIC IN BICYCLE LANES OR PATHS . No person shall park a motor vehicle across or on a bicycle path or lane except to obtain emergency parking where signs 5. are posted prohibiting such parking. No person shall drive a motor vehicle upon or across a bicycle lane except after giving the right of way to all bicycles operated within the lane. 6702. 16. PENALTY. It shall be unlawful for any person knowingly to violate, or knowingly to permit any other person to violate any of the provisions contained in Sections 6702 through 6702. 11 of this chapter, and any person violating any of the provisions contained in such sections shall, upon a conviction thereof, be guilty of an infraction, and punishable by a fine not to exceed One Hundred Dollars ($100) . 6702. 17. SEVERABILITY. If any section, subsection, sen- tence, clause, phrase or portion of this chapter, or any future amendments 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 va- lidity 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 portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, sub- sections, clauses, phrases , portions or any future amendments or additions thereto be declared invalid or unconstitutional. SECTION 3 . The provisions of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 4 . 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 15th day of April, 1974 . ayor ATTEST: AVED AS TO FORM: • City Clerk G City Attorney ". �' P 6. Ord. No. 1913 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected. qualified 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 15th day of April 19 74 , and was again read to said City Council at a regular meeting thereof held on the 6th day of May 19 74 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, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wi Pder City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California I, Alicia M. Wentworth CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that this ordinance has been pubis in the Huntingt n Beach f�evv a -- - -•------- --------�----------, 19� In acc nm,'2n.le With tho ity Charter of said City. ALICIA M. wc-vi o wORTH ----•-----•---- •--------- ,_ City Clerk ------ Deputy y Clerk