HomeMy WebLinkAboutOrdinance #3370 ORDINANCE NO. 3370
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
CHAPTER 8.44 OF THE HUNTINGTON BEACH MUNICIPAL CODE
PERTAINING TO VEHICLES AND MOTORCYCLES, AND DEFINITIONS
THEREOF, AND THE OPERATION OF MOTORIZED SCOOTERS
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1: Section 8.44.020 of the Huntington Beach Municipal Code is hereby amended
to read as follows:
8.44.020 Definitions. Unless a different meaning is apparent from the context or is
specified elsewhere in the code, the following definitions shall be used:
(a) "Highway" means 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.
(b) "Motorcycle" means any motor vehicle other than a tractor having a seat or
saddle for the use of the rider and designed to travel on not more than three (3)
wheels in contact with the ground and weighing less than one thousand five
hundred (1,500) pounds.
(c) "Motor-driven cycle" means any motorcycle with a motor that displaces less than
150 cubic centimeters. A motor-drive cycle does not include a motorized
bicycle.
(d) "Motorized bicycle" or"moped" is any two-wheeled 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 2 gross brake horsepower and is capable
of propelling the device at a maximum speed of not more than 30 miles per hour
on level ground.
(e) A "motorized bicycle" is also a device that has fully operative pedals for
propulsion by human power and has an electric motor that meets all of the
following requirements:
(1) Has a power output of not more than 1,000 watts.
(2) Is incapable of propelling the device at a speed of more than 20 miles
per hour on ground level
(3) Is incapable of further increasing the speed of the device when human
power is used to propel the motorized bicycle faster than 20 miles per hour.
(4) Every manufacturer of motorized bicycles, as defined in this subdivision,
shall provide a disclosure to buyers that advises buyers that their existing
insurance policies may not provide coverage for these bicycles and that they
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should contact their insurance company or insurance agent to determine if
coverage is provided.
(f) The disclosure required under paragraph (4) of subdivision (b) shall meet both
of the requirements:
(1) The disclosure shall be printed in not less than 14-point boldface type on
a single sheet of paper that contains no information other than the disclosure.
(2) The disclosure shall include the following language in capital letters:
"YOUR INSURANCE POLICIES MAY NOT PROVIDE COVERAGE FOR
ACCIDENTS INVOLVING THE USE OF THIS BICYCLE. TO DETERMINE IF
COVERAGE IS PROVIDED YOU SHOULD CONTACT YOUR INSURANCE
COMPANY OR AGENT."
(g) "Motorized scooter." A motorized scooter ("go-ped") is a small two or 4 wheeled
motor-driven scooter with a handle bar, usually"T" shaped and no seat.
(h) "Motorized skateboard." A skateboard to which a motor is attached whether the
motor is running or not.
(i) "Unimproved private property" under this chapter means any parcel of land or
parcels of land under common ownership which contain no buildings or which
are not surfaced with cement, concrete, asphaltic concrete, or other similar
material, or which do not have a hard surface made up of a mixture of rock,
sand or gravel bound together with a chemical or mineral substance other than
natural soil.
(j) "Vehicle" means a device by which any person or property may be propelled,
moved, or drawn upon a highway, excepting a device moved by human power
or used exclusively upon stationary rails or tracks. Farm, construction and
commercial vehicles are exempted from this definition.
SECTION 2: Section 5.66.170 of the Huntington Beach Municipal Code is hereby amended
to read as follows
8.44.025 Motorized Scooter No motorized scooter shall be propelled on any sidewalk,
roadway, or any other part of a highway or on any bikeway, bicycle path or trail,
equestrian trail, or hiking or recreational trail, except in areas where use is permitted by
state law.
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SECTION 3: This ordinance shall b800rre effective 30 days after its adopted.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 20-th day of --oct,ober 1997.
A EST- Mayor
APPROVED AS TO FORM:
City Clerk 4V
REVIEW ND APPROVED /111T City Attorney �-sV
INITI AND APPR D:
City Administrator
--4
POic-e Chief
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Ord. No. 3370
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected,qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of 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 6th of October, 1997, and was again read to
said City Council at a regular meeting thereof held on the 20th of October, 1997, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-of icio Clerk of the City
Council,do hereby certify that a synapsis of this
ordinance has been published in the Independent on _y+
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway City Clerk of the City Council of the City
Crz 66-01)S DePM cY Clerk of Huntington Beach, California
Glordinane/ordbkpg
10/21/97