HomeMy WebLinkAboutRegulations Prohibiting the Repair and Sale of Bicycles / Bi D
City of Huntington Beach
File #: 20-1855 MEETING DATE: 9/8/2020
Submitted by Councilmember Brenden - Development of Regulations Prohibiting the Repair
and Sale of Bicycles / Bicycle Parts on Public Property
I recommend that the City Council direct the City Manager to prepare the regulations necessary to
enact a prohibition on the repair and sale of bicycles / bicycles parts on public property in Huntington
Beach.
City of Huntington Beach Page 1 of 1 Printed on 9/2/2020
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CITY OF HUNTINGTON BEACH
CITY COUNCIL MEETING—COUNCIL MEMBER ITEMS REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: PATRICK BRENDEN, CITY COUNCIL MEMBER
DATE: SEPTEMBER 8, 2020
SUBJECT: DEVELOPMENT OF REGULATIONS PROHIBITING THE REPAIR AND SALE OF
BICYCLES/ BICYCLE PARTS ON PUBLIC PROPERTY
BACKGROUND
It was recently brought to my attention that the City of Long Beach has enacted regulations that
prohibit the repair and sale of bicycles and bicycle parts on public property. That ordinance (see
attached) was developed to address the following issues:
• To address a large number of annual bicycle thefts in their community.
• Long Beach identified that many stolen bicycles are dismantled in public areas and sold
within days of being stolen.
• The regulation was developed to also address issues associated with open-air "bike chop
shops," which require additional enforcement tools to manage.
• By prohibiting the repair/sale of bicycles or bicycle parts on public property, Long Beach
argued that public spaces would be cleared of unauthorized commercial activity, and
would help facilitate the possible restoration of stolen item to their lawful owners.
Based on a review of the "bike chop shop" prohibitions developed in Long Beach, I believe that
similar regulations here in Huntington Beach could be of benefit for our community.
RECOMMENDED ACTION
I recommend that the City Council direct the City Manager to prepare the regulations necessary
to enact a prohibition on the repair and sale of bicycles / bicycles parts on public property in
Huntington Beach.
488
1 ORDINANCE NO. oxn-18-0027
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE
4 CITY OF LONG BEACH AMENDING THE LONG BEACH
5 MUNICIPAL CODE BY ADDING CHAPTER 10.49
6 RELATING TO THE PROHIBITION ON REPAIRS AND
7 SALES OF BICYCLES AND BICYCLE PARTS ON PUBLIC
8 PROPERTY
9
10 WHEREAS, the City of Long Beach is a leading city in providing bicycle
11 infrastructure and encouraging the use of bicycles in daily transportation for commuting
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12 and recreational purposes; and
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13 WHEREAS, still, reported bicycle thefts in Long Beach averaged over 700
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a m 6 15 thefts is likely much greater; and
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0 o 16 WHEREAS, many of these bicycles are also dismantled in public areas and
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o "M 17 sold within days of being stolen, and, thus, there is a narrow window for bicycles to be
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18 recovered while they are being taken apart in public spaces before being sold; and
19 WHEREAS, such open-air "bike chop shops" can be seen throughout the
20 City, but confronting the illegal activities this practice supports is difficult without better
21 tools to reduce the occurrences; and
22 WHEREAS, prohibiting such activity and allowing removal of bicycles
23 and/or bicycle parts from the public right-of-way and public property will help clear the
24 public right-of-way and public property, prevent unauthorized commercial activity in these
25 areas, and, if any items are lost or stolen, restore such items to their lawful owners and
26 deter future bicycle theft; and
27 WHEREAS, in furtherance of this effort, on February 13, 2018, the City
28 Council requested the City Attorney to draft an ordinance to prohibit the assembly,
1
MJK:mb A18-00499(09-24-18) 489
00931602.doc
1 disassembly, sale, offer of sale, distribution, or offer of distribution of bicycles and bicycle
2 parts on public property or public right-of-way, under certain conditions and with certain
3 exceptions;
4 NOW, THEREFORE, the City Council of the City of Long Beach ordains as
5 follows:
6 Section 1. Chapter 10.49 entitled "Prohibition on Repairs and Sales of
7 Bicycles and Bicycle Parts on Public Property" is hereby added to the Long Beach
8 Municipal Code to read as follows:
9
10 CHAPTER 10.49
11 PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND BICYCLE PARTS ON
12 PUBLIC PROPERTY
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U z , a 14 10.49.010 — Repairs and sales on public property prohibited.
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0 15 Except where otherwise stated in this Chapter, no person
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C)C 0 16 shall assemble, disassemble, sell, offer to sell, distribute, offer to distribute,
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o M 17 or store the following items on any street, sidewalk, alley, public
18 passageway, public right-of-way, public beach, public park, or other public
19 property within the City:
20 A. Three (3) or more bicycles;
21 B. A bicycle frame with the gear cables or brake cables cut;
22 C. Two (2) or more bicycles with missing parts (the term "parts"
23 shall mean handlebars, wheels, forks, pedals, cranks, seats, or chains); or
24 D. Five (5) or more bicycle parts.
25
26 10.49.020 — Exceptions.
27 The prohibition contained in Section 10.49.010 of this Chapter
28 shall not apply in any of the following situations:
2
MJK:mb A18-00499(09-24-18) 490
00931602.doc
1 A. An individual is operating under a valid City of Long Beach
2 License or Permit authorizing such activities.
3 B. The owner of a bicycle or bicycle part is present during the
4 repair of his or her single bicycle or bicycle part. Supporting evidence for a
5 claim of lawful ownership may include, but is not limited to, video or
6 photographic evidence, a bill of sale, the correct serial number, bicycle
7 registration, and the like.
8
9 10.49.030— Severability.
10 If any section, subsection, sentence, clause, phrase, or word
11 of this Chapter 10.49, or any application thereof to any person or
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12 circumstance, is held to be invalid or unconstitutional by a decision of a
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13 court of competent jurisdiction, the validity, legality and enforceability of the
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C_ � 0 16 illegality or unenforceability.
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18 Section 2. The City Clerk shall certify to the passage of this ordinance by
19 the City Council and cause it to be posted in three (3) conspicuous places in the City of
20 Long Beach, and it shall take effect on the thirty-first (31 st) day after it is approved by the
21 Mayor.
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24
25
26
27
28
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00931602.doc
1 1 hereby certify that the foregoing ordinance was adopted by the City
2 Council of the City of Long Beach at its meeting of October 9 , 2018, by the following
3 vote:
4
5 Ayes: Councilmembers: Pearce, Price, Supernaw, Uranga,
6 Richardson, Andrews.
7
8
9 Noes: Councilmembers: None.
10
11 Absent: Councilmembers: Gonzalez, Mungo, Austin.
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18 Approved: �!
19 ( te) Mayor
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27
28
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00931602.doc
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA ) ss
COUNTY OF LOS ANGELES )
CITY OF LONG BEACH )
Tamela Austin being duly sworn says: That I am employed in the Office of the City Clerk
of the City of Long Beach; that on the 10t" day of October 2018, 1 posted three true and
correct copies of Ordinance No. ORD-18-0027 in three conspicuous places in the City
of Long Beach, to wit: One of said copies in the entrance lobby of City Hall in front of
the Information Desk; one of said copies in the Main Library; and one of said copies on
the front counter of the Office of the City Clerk.
Subscribed and sworn to before me
This 10th day of October, 2018.
c
CITY C R
493
Estanislau, Robin
From: Fikes, Cathy
Sent: Thursday, September 3, 2020 5:36 PM
To: Agenda Alerts
Subject: FW: Chop shops for bikes
-----Original Message-----
From:jennifer sievers<teacherjen3@yahoo.com>
Sent: Thursday, September 3, 2020 4:48 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Chop shops for bikes
Hello,
Agenda item 20-1855 Is a great idea. I have had friends and neighbors that have had bikes stolen from locked yards. I
also have witnessed many homeless encampments with a large number of bikes in different states of repair/or re-
building to sell. So I am in favor of this agenda item. I am a Huntington Beach resident.
Thank you,
Jennifer Parsons
Sent from my Whone
SUPPLEMENTAL
COMMUNICATION
Meeti+tg Dater & a
Agenda ham No.
1
Estanislau, Robin
From: Fikes, Cathy
Sent: Friday, September 4, 2020 8:40 AM
To: Agenda Alerts
Subject: FW: Homeless shelter/Bicycle Chop shops
-----Original Message-----
From:Julie Guillaume<julieginhb@yahoo.com>
Sent:Thursday, September 3, 2020 8:45 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Cc:Julie Dunbar<jdunbar@firstam.com>
Subject: Homeless shelter/Bicycle Chop shops
HB City Council,
I've been a resident of HB for 25 years and a homeowner in HB for the past 2 years. I grew up in Westminster/Garden
Grove area so I have worked and frequented HB my whole life.
The recent decline in our beautiful city is very disheartening. I fully support the homeless shelter being built on Cameron
lane and would like an update on that project.
I also fully support the idea from Council member Brendan which would make bicycle chop shops illegal in our public
areas. We need to do something to stop the disgusting thefts and activities in our city.
This won't solve all the problems in our city but it's definitely a step in the right direction. Please support these efforts
and let me know what else I can do to help.
Thank you,
Julie Dunbar
714-907-5710
SUPPLEMENTAL:
COMMUNICATION
Date:
Switzer, Donna
From: Fikes, Cathy
Sent: Tuesday, September 8, 2020 8:57 AM
To: Agenda Alerts
Subject: FW: City Council Agenda Item 20-1855 Proposal
From: Donna Dillon <donnadillon214@aol.com>
Sent: Monday, September 7, 2020 4:03 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject:City Council Agenda Item 20-1855 Proposal
Honorable Mayor Semeta and Council Members,
Please support Council Member Brenden's proposal to direct the City Manager to prepare the regulations necessary to
enact a prohibition on the repair and sale of bicycles/bicycles parts on public property in Huntington Beach. This would
be another tool for HBPD to curb the rampant bicycle thefts and dismantling on public property in our city. As you are
aware, often vagrants utilize our parks and other public areas to disassemble stolen bicycles. The bicycle parts are sold
and used primarily to support their illicit drug use and other illegal activity. This ordinance should reduce the bicycle
thefts by the vagrant/homeless population, diminish their access to cash, and make it uncomfortable for this type of
commerce to take place.
The City of Long Beach enacted this ordinance in 2018( ORD-18-0027 § 1, 2018).
Respectfully,
Donna Dillon
donnadilion214@aol.com
SUPPLEMENTAL
COMMUNICATION
Meeft Date:
Agenda item No.: 07q --2D
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