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HomeMy WebLinkAboutOrdinance #1969 ORDINANCE NO. 1969 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING CERTAIN SECTIONS THEREOF AND ADDING NEW SECTIONS 6701. 6. 1 AND 6701.11. 1 THERETO ALL PERTAINING TO BICYCLE LICENSING The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Ordinance Code is hereby amended by amending Sections 6700, 6701, 6701. 1, 6701. 2, 6701. 3 , 6701. 4, 6701. 5, 6701. 6, 6701. 7, and 6701. 12 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 pedestrians that has been physically separated from a roadway. (c ) BICYCLE is 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 arrange- ment , with a frame size of at least fourteen (14) inches and wheels of at least twenty (20 ) inches in diameter. (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, designed, or ordinarily used for vehicular travel. (f) CHIEF OF POLICE shall include his designated representa- tive. 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 for 1. JG: cs 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, as per Section 39002 of the California Vehicle Code. 6701.1. APPLICATION FOR REGISTRATION AND LICENSE. Application 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 control 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 and for the transfer of ownership of such bicycle. 6701. 2. ISSUANCE OF REGISTRATION CARD. Upon payment of the 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 the applicant , the applicant ' s name and address , provisions for the transfer of ownership of said bicycle, and a brief description of the bicycle being registered. 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 December 31st 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 permanent license tag bearing the unique number permanently assigned to that bicycle by the State, which shall remain in effect for the period designated by the State in accordance with Section 39001 of the California Vehicle Code. This tag shall 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. 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 number thereof, and such other information as he deems necessary for the identifica- tion 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: 2. (a) For new license and registration, the sum of $3 as per Section 6701. 2. (b ) For each transfer of ownership, which requires a 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. 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 signa- ture 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 within ten (10) days . For such transfer of registration, the transferee shall furnish his name and address , and transferor' s registration card, and upon payment of the transfer fee, the Chief of Police shall issue a new registration card 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 en- gaged 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 frame or serial number, and the number of the license tag attached thereto. 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 . Such person shall make a written report to the police department, giving the name, address and telephone number of all persons buying, selling or trading bicycles at his place of business , and the bicycle manufacturer, type, frame number and bicycle tag number, if any. 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. 1 hereof, and may retain possession of such bicycle until the provisions of such sections are complied with, and all fees provided by Section 6701. 5 have been paid. 3. If such bicycle is not claimed within three (3) months, it shall be deemed to be abandoned. SECTION 2. The Huntington Beach Ordinance Code is hereby amended by adding thereto the following sections : 6701. 6. 1. CHANGE OF ADDRESS - BICYCLE LICENSEE. When- ever any bicycle licensee changes his place of residence, he shall notify the Chief of Police of such change of address within ten (10) days . There shall be no charge for said change of address. 6701. 11.1. BICYCLE LICENSING FOR HUNTINGTON BEACH RESIDENTS ONLY. The City and each licensing agency shall license bicycles for persons residing within this city only. All other applicants shall be referred to their respective city or juris- diction of residency. SECTION 3. 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 17th day of March, 1975. • ATTEST: ` Mayor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: S• 4-- City Administrator City Attorney 4 . Ord. No 1969 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 adiourned meeting thereof held on the loth day of March 1975 " , and was again read to said City Council at a regular meeting thereof held on the 17th day of March 1975 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, Wieder, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None City Clerk an ex f icio Clerk of the City Council of the City of Huntington Beach, California I, A11cle M. Wentworth CITY CLERK of the City of Huntington ^a:�h and ex-cfficl� Clerk of the City Council d, h:,reb,.., certlt� that this ordinance has beep pui lhshed ,n the -I r t;n rton beach trews on In accordance ^v,th the City Cha '.:er of said City. AUCIA M. W f"AWORTH w City Clerk ,t ..... ................ Dep City Clark