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HomeMy WebLinkAbout495 - Bicycles• ORDINANCE NO. 495 The City of Newport Beach, by and through its City Council, does ordain as follows: Section 1. The word "person" shall mean and include boon the singular and plural, and shall also mean and include person, individual, firm, corporation, copartnership, asso- ciation, club, society or any other organization. Section 2. That each and every owner or person in charge or control of a bicycle or bicycles, including those who rent or lease bicycles to the public, but excepting dealers thereof, within the corporate lim- its of the city of Newport Beach, County of Orange, State of Cali- forida, shall within thirty (30) days from and after the passage of this ordinance, register said bi- cycle with the City Clerk of the City of Newport Beach. Said ap- plication shall state the name and address of the owner or person in charge or control of such bicycle or bicycles, the factory number thereof, the name of the person, firm, corporation or association from whom the same was pur- chased. and such other description and information relative thereto as may, in the judgment of the City Clerk of the City of Newport Beach be necessary and proper for the identification thereof; there - upon the City Clerk of the City of Newport Beach shall, upon the payment by said applicant of a of Twenty-Five Cents ($.25) for the use and benefit of the City of Nevco -t Beach, issue to such applicant an identification metal tag having thereon. in raised fig- ures and letters, "N. B. B. L. ", the rear, and a serial number, which tag shall be immediately placed rind securely attached by such owner or person in charge or con- trol of such bicyc'.e or bicycles upon the front upright bar of such bicycle, and at or just below the handle bars thereof, or under the seat of such vehicle, so that the same may be plainly seen, and which metal tag shall at all times during the current year, remain on said bicycle and not be removed therefrom. Said City Clerk of the City of Newport Beach shall at the same time give to said person in charge or control of such bi- cycle or hicycles, an identification card, said card to be carried at all times by the person in charge thereof. when said bicycle is in use. having upon it the identifica- tion number assigned to the owner of such bicycle registered. also stating the name and address of the ovine -. and a brief description of such bicycle. Section S. On and after the 5th day of July, 1940 the annual registration of bicycles as herein provided shall begin with the first day of Janu- ary of eac,i year and end with the 31st day of December of each year. and the registration of each and every bicycle owned and used within the corporate limits of the City of Newport Beach shall be ac- complished each year in the man- ner provided in Section 2 hereof. Section 4. The Citv Clerk of the city of Newport Beach shall be and he is hereby required to carefully file and preserve said application set out in Section 2 hereof, and to keep a register of all bicycles for which said metal identification tags and cards are issued, which register shall contain the name of the owner or person in charge or control of such bicycle or bicycles, the make and factory number of the bicycle, and the number of the identification tag, and such other memoranda as may be in the dis- cretion of the City Clerk of the City of Newport Beach necessary and proper for the carrying out of the purpose of this ordinance and the proper identification of such bicycles. Section 5. Whenever any person sells, trades or transfers any registered bicycle, he shall endorse upon the identification card a written trans- fer of the same, naming the per- son and the address to whom the same is transferred, and such transferee shall immediately no- tify the City Clerk of the City of Newport Beach of such transfer to him, and said City Clerk shall issue a new identification card in the name of such transferee, which identification card shall bear the original number of the metal iden- tification tag and the number of the original card, and shall enter upon the register provided for in Section 4 hereof, the name and ad- dress of the transferee and pur- chaser thereof. No fee shall be. charged for such transfer. Section 6. In the event the said metal iden- tification tag or identification card provided for by this ordinance be lost or stolen from such bicycle, the owner or person in charge of such bicycle shall immediately no- tify the City Clerk of the City of Newport Beach of the loss of the same, and the said City Clerk rhall, when such owner or person in charge or control of such bi- cycle makes proper affidavit of the loss of said metal tag or said identification card, stating the facts of said loss as nearly as possible, issue to said owner or person in charge of said bicycle, upon the payment to said City Clerk for the use and benefit of the City of Newport Beach, a fee of Twenty -five cents ($.25) a new identification tag or card, or both, as the case may be. Section 7. It is expressly declared to be the duty of each and every owner or person in charge or control of any bicycle to immediately notify the Police Department of the city of Newport Beach of the loss by theft or otherwise of any such registered bicycle, and the City Cleric of the city of Newport Beach shall allow to the Police Department full and complete ac- cess to all records he may have fo* the identification and registra- tion of bicycles within said City of Newport Beach. Section 8. It shall be the duty of every person, firm or corporation deal- ing in bicycles in the city of New- port Beach, County of Orange, State of California, either as a business or as an occasional buyer and seller of the same, to keep at his place of business, a record of all bicycles bought, sold or rent- ed by him, giving an accurate description of such bicycle,, and from whom received, together with his address, the factory num- ber of the bicycle and the serial number thereof, if any, also to whom sold or rented, giving their names and addresses and the num- ber of the identification tag and identification card, if any, together with the date of such transaction, this record to be kept in a plain and legible handwriting in a well - bound uniform book, which shall at all times be open to the tnspec- tion of the Police Department of the City of Newport Beach. Section 9.. It is hereby declared unlawful, after thirty (30) days after the passage and approval. and going into effect of this ordinance, for any person, acting either for him- self or any other person, to change the factory or serial number on any bicycle, or to remove or to permit the removal of the identi- fication metal tag from same, or to use any bicycle upon the streets, alleys, courts or public places of the city of Newport Beach, without the same being registered as herein provided for in Section 2 and having had is- sued to him and placed upon the bicycle the metal identification tag of the current year, or to use any bicycle without the said metal identification card of the current year being displayed thereon, in the place provided for in Section 2 hereof, or to fail or refuse to make said application' and register the same. Section 10. ...It shall be unlawful for any person to operate, drive, or ride any bicycle upon the streets or public highways of the city of Newport Beach between the hours commencing one -half hour after sunset and ending one -half hour before sunrise, without a lighted light on the front of said bicycle capable of being observed at a ' reasonable distance from said bi- cycle, and also a red reflector tail light on the rear thereof capable of being observed at a reasonable distance from said bicycle. Section 11. If any section) sub - section, sen- tence, clause or phrase of this or- dinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The City Coun- cil of the City of Newport Beach hereby declares that it would have passed this ordinance, and each section, sub- section, sentence, clause and phrase thereof, irre- spective of the fact that any one or more other sections, . subsec- tions, sentences, clauses or phrases be declared' invalid or unconstitu- tional. Section 12. Any,person violating any of the provisions of this ordinance shall be deemed guilty of a misdemean- or, and upon conviction thereof, shall be punished by a fine not exceeding One Hundred Dollars ($100) or by imprisoniiten't Itttlie City Jail of the,city of Newport, Beach for a period' of not more than thirty (30) -days, or by both: such fine and imprisonment. - Section 13. This ordinance is hereby declai: ed to be an urgency measure;-nee essary for the immediate.preser vation of ttie public peace, Health and safety within the meaning. of Section 1, Article IV of the Con- stitution, and therefore shall go into effect immediately upon its first publication. The facts con- stituting the urgency are as fol- lows: That during the summer months in the city of Newport Beach there are vast crowds of pleasure seekers and summer va- cationists; that the streets and • sidewalks of the city of Newport Beach are generally very narrow and are usually filled with pedes- trians during the summer months, and the riding of bicycles general- ly is dangerous to said pedestrians and many accidents have happen- ed; that in many instances it is impossible to identify the riders of bicycles who may be violating the city ordinance in riding bicycles on sidewalks or who may be guilty of reckless operation of bicycles or other unlawful operation there- of; that it is necessary that an ordinance be passed regulating said bicycles in order that the safety of the public may be safe- guarded. Section 14. The City Clerk of the city of Newport Beach shall certify to the separate vote on the urgency of this ordinance and Its passage by the vote of five members of the City Council of the city of New- port Beach, and cause the same to be published once in NEW- PORT BALBOA NEWS - TIMES, a newspaper printed and circulat- ed in the city of Newport Beach, and upon such publication this o -dinance shall become immediate- ly operative and take full effect. I hereby certify that the ques- tion of the urgency of the fore- going ordinance was passed and • the foregoing ordinance was adopted by a vote of five members of the City Council of the City of Newport Beach at a regular meet- ing thereof held on the 1st day of July, 1940, by the following vote: AYES, Councilmen: Reed, Claire, Allen, Brown, Gordon. NOES. Councilmen: None. ABSENT, Councilmen: None. 'ATTEST: FRANK L. RINEHART, City Clerk IRVIN GEO. GORDON, Mayor of the city of Newport Beach. Pub. --July 2, 1940. •