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Home My WebLink About1600 - Licensing of Bicycles• • ORDINANCE NO. 1600 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 12.56 OF THE NEWPORT BEACH MUNICIPAL CODE BY REPEALING SECTIONS 12.56.010 THROUGH 12.56.060 AND SECTIONS 12.56.110 AND 12.56.120; ADDING SECTIONS 12.56.010 THROUGH 12.56.090; AND, FURTHER ADDING SECTION 12.56,110, RELATING TO THE LICENSING OF BICYCLES, AS AN URGENCY MEASURE - The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Sections 12.56.010 through 12.56.060 and Sections 12.56.110 and 12.56.120 of the Newport Beach Municipal Code are hereby REPEALED. SECTION 2. Section 12.56.010 is ADDED to the Newport Beach Municipal Code, to read as follows: "12.56.010 Definitions. As used in this Chapter, the following terms and words shall have the following meanings: BICYCLE shall mean any device upon which a person may ride, which is propelled by human power through a system of belts, chains or gears, and which has wheels at'least twenty (20) inches in diameter and a frame size of at least fourteen (14) inches. BICYCLE LICENSE RECEIPT shall mean that bicycle license receipt issued by the Licensing Agency or Agent of the City upon receipt of the designated license fee. BICYCLE LICENSE INDICIA shall mean the license indicia distributed by the Department of Motor Vehicles of the State of California, in accordance with Section 39001 of the California Vehicle Code, to be permanently affixed to the bicycle frame, and which bears a unique number permanently assigned to the bicycle. LICENSING AGENCY or AGENT shall mean that party or parties designated by the City Council as the Licensing Agency or Agent for bicycles in the City. For the purposes of this Chapter, the Chief of Police shall be the Licensing Agent. The Chief of Police may recommend for designation by the City Council . 1 by resolution any person or persons to be a Licensing Agency or Agent." SECTION 3. Section 12.56.020 is ADDED to the Newport Beach Municipal Code, to read as follows: 1112.56.020 Bicycle Licensing Required - Non- Residents Prohibited. (A) No person who is a resident of the City shall ride or propel any bicycle upon any public street, sidewalk, alley, bicycle lane or path, or any other public property, which has not been licensed, and for which the appropriate license fee has not been paid and which does not bear a Bicycle License Indicia as required by the provisions of this Chapter. (B) No bicycle may be so licensed by a Licensing Agency or Agent which is not owned by a resident of the City." SECTION 4. Section 12.56.030 is ADDED to the Newport Beach Municipal Code, to read as follows: "12.56.030 License Receipt /Bicycle License • Indicia - Issuance. At the time that any resident of the City applies to license a bicycle and pays the appropriate license fee in accordance with the provisions of this.Chapter, the Licensing Agency or Agent shall provide the licensee with a License Receipt bearing the owner's name, address, telephone number, Bicycle License number, the bicycle manufacturer, type and frame number and any other descriptive material concerning the bicycle deemed necessary by the Licensing Agency or Agent, and which further contains provisions for the transfer of ownership of said bicycle. The Licensing Agency or Agent shall issue a permanent Bicycle License Indicia bearing a unique number permanently assigned to that bicycle. The Bicycle License shall remain in effect for the period designated by the State of California in accordance with Section 39001 of the Vehicle Code." OSECTION 5. Section 12.56.040 is ADDED to the Newport Beach Municipal Code, to read as follows: °12.56.040 Sale or Transfer of Bicycle. Whenever -2- any person sells, trades, disposes of, or transfers any bicycle licensed pursuant to the provisions of this Chapter, he shall endorse upon the License Receipt previously issued for such bicy- cle a written transfer of same, setting forth the name, address and • telephone number of the transferee, the date of transfer, the sig- nature of the transferor, and shall deliver such License Receipt, so endorsed, to the Licensing Agency or Agent at the time of transfer. The transferee shall, within ten .(10) days after such transfer, apply to said Licensing Agency or Agent for a transfer of the License Receipt. The transferee shall pay the fee prescribed by this Chapter." SECTION 6. Section 12.56.045 is ADDED to the Newport Beach Municipal Code, to read as follows: "12.56.045 Change of Address - Bicycle Licensee. Whenever any bicycle licensee changes his place of resi- dence, he shall notify the Licensing Agency or Agent of such change of address within ten (10) days. There shall be no charge for said change of address. SECTION 7. Section 12.56.050 is ADDED to the Newport Beach Municipal Code, to read as follows: "12.56.050 Lost or Stolen License Receipt/ Bicycle License Indicia - Report /Replacement. In the event that any License Receipt issued pursuant to the provisions of this Chapter be lost or stolen, the licensee of such bicycle shall immediately notify the Licensing Agency or Agent, and within ten (10) days after such notification shall apply to said Licensing Agency or Agent for a duplicate License Receipt; whereupon said Licensing Agency or Agent shall issue to such licensee a duplicate License Receipt, upon payment to said Licensing Agency or Agent of the fee required by this Chapter. In the event that any Bicycle License Indicia • issued pursuant to the provisions of this Chapter be lost or stolen, the licensee shall immediately notify the Licensing Agency or Agent -3- of such loss, and shall within ten (10) days apply to said Licensing Agency or Agent for a new Bicycle License Indicia; whereupon, said Licensing Agency or Agent shall issue to such licensee a new Bicycle License Indicia, upon payment to said Licensing Agency or Agent of the fee required by this Chapter." SECTION 8. Section 12.56.060 is ADDED to the Newport Beach Municipal Code, to read as follows: "12.56.060 Fees. The fees required to be paid pursuant to the provisions of this Chapter are: (A) For such Bicycle License, the sum of One Dollar ($1.00) per year, or any portion thereof; (B) For each transfer of License Receipt, the sum of One Dollar ($1.00); (C) For each replacement of Bicycle License Receipt or Bicycle License Indicia, the sum of One Dollar ($1.00); (D) For each impounding fee for bicycles found to be in violation of this Chapter, the sum of Five Dollars ($5.00)." SECTION 9. Section 12.56.070 is ADDED to the Newport • Beach Municipal Code, to read as follows: 1112.56.070 Tampering with License Receipt or Bicycle License Indicia - Prohibited. It is unlawful for any person to tamper with, destroy, mutilate or alter any License Receipt issued pursuant to the provisions of this Chapter. It is unlawful for any person to remove; destroy, mutilate or in any way alter or tamper with any Bicycle License Indicia issued pursuant to the provisions of this Chapter." SECTION 10. Section 12.56.075 is ADDED to the Newport Beach Municipal Code, to read as follows: 1112.56.075 Bicycle Dealers - Weekly Bicycle Sales Reports Required. Any person engaged in the business of buying, selling or trading bicycles within this City is hereby required to prepare a weekly report, to be delivered each week on a date and to a place designated by the Chief of Police, to the Chief of Police, setting forth the name, address and telephone number of all persons either buying, selling or trading bicycles and the bicycle manufacturer, type, frame number and Bicycle License number, if any." -4- �F SECTION 11. Section 12.56.080 is ADDED to the Newport Beach Municipal Code, to read as follows: "12.56.080 Bicycles in Violation of Chapter - Impounding /Fee. The Chief of Police shall have the right to impound and retain possession of any bicycle found in violation of the provi- sions of this Chapter, and may retain possession of such bicycle until the provisions of this Chapter are complied with. The fee established pursuant to Section 12.56.060 of this Chapter shall be charged against each bicycle so impounded, and paid by the owner thereof before the bicycle may be released to the owner." SECTION 12. Section 12.56.090 is ADDED to the Newport Beach Municipal Code, to read as follows: "12.56.090 Infraction - Violation of Licensing Regulations. Any person who violates any provision of or fails to comply with any provision of Sections 12.56.010 through 12.56.080 shall be guilty of an infraction." SECTION 13. Section 12.56.110 is ADDED to the Newport Beach Municipal Code, to read as follows: "12.56.110 Using or Renting Bicycles Without License. No person who operates a bicycle rental service, shop or facility within this City may rent or permit another person to use a bicycle upon any public street, sidewalk, alley, bicycle lane or parth, or any other public property within the City without the same being licensed as provided for in this Chapter, or without having a current Bicycle License Indicia affixed to said bicycle pursuant to this Chapter." SECTION 14. Section 12.56.120 is ADDED to the Newport Beach Municipal Code, to read as follows: "12.56.120 This ordinance is declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, safety and welfare for the reason that new State legislation dealing with the licensing of bicycles in cities went into effect on January 1, 1975, which provided that cities, to license bicycles, must comply therewith; and this ordi- nance is intended to comply with said State legislation; and the -5- r: • • City's existing bicycle licensing regulations are pre - empted by State law; and to have an orderly method by which bicycles may be licensed; and this ordinance shall take effect immediately upon its adoption, if passed by at least five (5) affirmative votes, as pro- vided in Section 412 of the Charter of the City of Newport Beach." SECTION 15. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced and adopted as an emergency ordinance at a regular meeting of the City Council of the City of Newport Beach, held on 10th day of February, 1975, by the following vote, to wit: ATTEST: Y ity Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUGLICATION L, FEB 14 1975 _ .............. C CLERK OF THE CITY OF N ORT BEACH AYES, COUNCILMEN: McInnis, Dostal, Barrett, Kuehn, Rogers, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: None mayor 1S HRC:kb 1 -31 -75