HomeMy WebLinkAboutOrdinance No. 4219 Adding Chapter 10.49 to the Huntington Be 7�e,�/s 1516 Pi�.i�S
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File #: 20-1933 MEETING DATE: 10/19/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Adopt Ordinance No. 4219 Adding Chapter 10.49 to the Huntington Beach Municipal Code
(HBMC) Relating to the Prohibition on Repairs and Sales of Bicycles and Bicycles Parts on
Public Property
Approved for introduction 10/5/2020 - Vote: 7-0
Statement of Issue:
On September 8, 2020, the City Council approved a Council Member Item Report submitted by
Council Member Brenden related to prohibitions on the repair and sale of bicycles and bicycle parts
on public property. The item was introduced based on an increase of reported bicycle thefts in
Huntington Beach, with many of these bicycles then being dismantled and sold on public property. In
order to address the illegal activity and discourage the associated bicycle clutter on public property, it
is recommended that the City Council approve for introduction Ordinance No. 4219 Adding Chapter
10.49 relating to a prohibition on the repair and sale of bicycles and bicycle parts on public property.
Financial Impact:
None.
Recommended Action:
Adopt Ordinance No. 4219, "An Ordinance of the City of Huntington Beach Adding Chapter 10.49 to
the Huntington Beach Municipal Code Relating to the Prohibition on Repairs and Sales of Bicycles
and Bicycle Parts on Public Property."
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
There has been an increase in the number of stolen bicycles in the City. Many of these stolen
bicycles are then dismantled and sold on public property. These types of illegal activity, commonly
called "bike chop shops," have been difficult to prevent with the current enforcement tools the City
City of Huntington Beach Page 1 of 2 Printed on 10/14/2020
poweret!54 LegistarT"
File #: 20-1933 MEETING DATE: 10/19/2020
has available.
On September 8, 2020, the City Council directed that staff draft regulations that that would prohibit
the disassembly, sale, and distribution of bicycles and bicycles parts on public property. If approved,
these new rules would be enforced when the following circumstances occur on any street, sidewalk,
alley, or public property within the city:
1. Three (3) or more bicycles
2. A bicycle frame with the gear cables or brakes able cut
3. Two (2) or more bicycles with missing parts
4. Five (5) or more bicycle parts.
Of note, the prohibition would not apply in situations when individuals are operating with a valid City
License or Permit that authorizes such activities, or when the owner of the bicycle or bicycle part is
present.
Environmental Status:
Adoption of the ordinance is exempt pursuant to CEQA Guidelines Section 15061(b)(3)
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Ordinance No. 4219 Adding Chapter 10.49 to the HBMC Relating to the Prohibition on Repairs
and Sales of Bicycles and Bicycles Parts on Public Property
2. Legislative Draft - Ordinance No. 4219 Adding Chapter 10.49 Relating to the Prohibition on
Repairs and Sales of Bicycles and Bicycles Parts on Public Property
City of Huntington Beach Page 2 of 2 Printed on 10/14/2020
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City of Huntington Beach
File #: 20-1926 MEETING DATE: 10/5/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Approve for Introduction Ordinance No. 4219 Adding Chapter 10.49 to the Huntington Beach
Municipal Code (HBMC) Relating to the Prohibition on Repairs and Sales of Bicycles and
Bicycles Parts on Public Property
Statement of Issue:
On September 8, 2020, the City Council approved a Council Member Item Report submitted by
Council Member Brenden related to prohibitions on the repair and sale of bicycles and bicycle parts
on public property. The item was introduced based on an increase of reported bicycle thefts in
Huntington Beach, with many of these bicycles then being dismantled and sold on public property. In
order to address the illegal activity and discourage the associated bicycle clutter on public property, it
is recommended that the City Council approve for introduction Ordinance No. 4219 Adding Chapter
10.49 relating to a prohibition on the repair and sale of bicycles and bicycle parts on public property.
Financial Impact:
None.
Recommended Action:
Approve for Introduction Ordinance No. 4219, "An Ordinance of the City of Huntington Beach adding
Chapter 10.49 to the Huntington Beach Municipal Code relating to the prohibition on repairs and
sales of bicycles and bicycle parts on public property."
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
There has been an increase in the number of stolen bicycles in the City. Many of these stolen
bicycles are then dismantled and sold on public property. These types of illegal activity, commonly
called "bike chop shops," have been difficult to prevent with the current enforcement tools the City
has available.
City of Huntington Beach Page 1 of 2 Printed on 9/30/2020
poweret%Legistar-
File #: 20-1926 MEETING DATE: 10/5/2020
On September 8, 2020, the City Council directed that staff draft regulations that that would prohibit
the disassembly, sale, and distribution of bicycles and bicycles parts on public property. If approved,
these new rules would be enforced when the following circumstances occur on any street, sidewalk,
alley, or public property within the city:
1. Three (3) or more bicycles
2. A bicycle frame with the gear cables or brakes able cut
3. Two (2) or more bicycles with missing parts
4. Five (5) or more bicycle parts.
Of note, the prohibition would not apply in situations when individuals are operating with a valid City
License or Permit that authorizes such activities, or when the owner of the bicycle or bicycle part is
present.
Environmental Status:
Adoption of the ordinance is exempt pursuant to CEQA Guidelines Section 15061(b)(3)
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Ordinance No. 4219 Adding Chapter 10.49 to the HBMC Relating to the Prohibition on Repairs
and Sales of Bicycles and Bicycles Parts on Public Property
2. Legislative Draft - Ordinance No. 4219 Adding Chapter 10.49 Relating to the Prohibition on
Repairs and Sales of Bicycles and Bicycles Parts on Public Property
City of Huntington Beach Page 2 of 2 Printed on 9/30/2020
powered LegistarTI
ORDINANCE NO. 4219
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 10.49 TO THE HUNTINGTON BEACH MUNCIPAL CODE
RELATING TO THE PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND
BICYCLE PARTS ON PUBLIC PROPERTY
WHEREAS,there were 4,242, reported bicycle thefts in Huntington Beach average over
471 instances per year between 2012 and 2020, and statistics show the number of actual thefts is
likely much greater; and
WHEREAS,many of these bicycles are stolen and then dismantled in public areas in
Huntington Beach and sold within days of being stolen. There is a narrow window for stolen
bicycles to be recovered while they are being taken apart in public spaces before being sold; and
WHEREAS, such open-air"bike chop shops" can be seen throughout the City, but
confronting the illegal activities this practice supports is difficult without better tools to reduce
the illegal activity; and
WHEREAS, creating a specific law for the removal of bicycles and/or bicycle parts
from the public right-of-way and public property will add an enforcement tool to remove
clutter from the public right-of-way and public property, prevent illegal commercial activity,
and, if any bicycles or bicycle parts are lost or stolen, restore such items to their lawful owners
and deter future bicycle theft; and
WHEREAS, in furtherance of this effort, on September 8, 2020, the City Council
requested the City Manager and City Attorney to draft a law similar to the Long Beach
Ordinance to prohibit the assembly disassembly, sale,offer of sale, distribution, or offer of
distribution of bicycles and bicycle parts on public property or public right-of-way, under certain
conditions and with certain exceptions
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That Chapter 10.49 entitled"Prohibition on Repairs and Sales of Bicycle
Parts on Public Property" is hereby added to the Huntington Beach Municipal Code to read as
follows:
10.49.010 Repairs and sales on public property prohibited: Except where otherwise
stated inthis Chapter, no person shall assemble, disassemble, sell,offer to sell,distribute,
offer to distribute, or store the following items on any street, sidewalk, alley, or public
property within the City:
A. Three (3) or more bicycles;
B. A bicycle frame with the gear cables or brakes cable cut;
C. Two (2) or more bicycles with missing parts (the term "parts" shall mean
handlebars, wheels, forks, pedals, cranks, seats, or chains); or
D. Five (5) or more bicycle parts.
ORDINANCE NO. 4219
10.49.020 Exceptions.
The prohibition contained in Section 10.49.010 of this Chapter shall not apply in any
of the following situations:
A. An individual is operating under a valid City of Huntington Beach License or
Permit authorizing such activities.
B. The owner of a bicycle or bicycle part is present during the repair of his or her
single bicycle or bicycle part. Supporting evidence for a claim of lawful
ownership may include, but is not limited to, video or photographic evidence, a
bill of sale, the correct serial number,bicycle registration, and the like.
10.49.030 Severability.
If any section, subsection, sentence, clause, phrase, or word of this Chapter 10.49, or any
application thereof to any person or circumstance, is held to be invalid or unconstitutional by a
decision of a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby and such provision
shall be ineffective only to the extent of such invalidity illegality or unenforceability.
SECTION 2. All other provisions of Chapter lo not modified herein shall remain
in full force and effect.
SECTION 3. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of October , 2020.
r
ATTEST: APPROVED AS T FORM:
ity Clerk
City Attorney
ATED AND APP OVED:
City Manager
20-8899/235019
Ord. No. 4219
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU,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 October 5;2020, and was again read to said City
Council at a Regular meeting thereof held on October 19, 2020, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Posey, Delgleize, Hardy, Semeta, Peterson, Carr, Brenden
NOES: None
ABSENT: None
ABSTAIN: None
I,Robin Estanislau,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on October 29,2020.
In accordance with the City Charter of said City.
Robin Estanislau, Qfty Clerk City Clerk and ex-officio Clerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE DRAFT
HBMC 10.49
10.49 Prohibition on Repairs and Sales of Bicycle Parts on Public ProjXejW
10.40.010 Repairs and Sales on Public Property
Repairsand sales onpublicpropertvprohibited: Exceptwhere otherwise stated in this Chapter no
person shall assemble, disassemble, sell,offer to sell, distribute, offer to distribute, or store th.
following items on any street, sidewalk, alley, or public property within the City;
A. Three (3) or more bicycles:
B. A bicycle frame with the gear cables or brakes cable cut:
C. Two (2) or more bicycles with missing parts (the term "parts"shall mean handlebars,
eels, forks,_pedals, cranks, seats, or chains): or
D. Five (5) or more bicycle parts.
10.40.020 Exceptions
e prohibition contained in Section 10,49,010 of this Chapter shall not apply in any of the following
sjtuations:
A An ind'vidual is operating under a valid City of Huntington Beach License or Permit
authorizing such activities
B The owner of a bicycle or bicycle part is present during the repair of his or her single
icycle or bicycle part. Supporting evidence for a claim of lawful ownership may include,
but is not limited to, video or photographic evidence, a bill of sale, the correct serial
number,_bicycle registration, and the like.
10.40.030 Seyerabilit�C
1f any section, subsection, sentence, clause, phrase, or word of this Chapter 10. 49 or any application
thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of
competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any
way be affected or impaired thereby and such provision shall be ineffective only to the extent of such
invalidity illegality or unenforceability.
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