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O 023 C.S. " ~^ ", , ORDINANCE NO. 23 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 7 TO TITLE 4 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO REGULATION OF REGISTRATION AND USE OF BICYCLES The City Council of the City of Arroyo Grande does ordain as follows: Section I. Title 4 of the Arroyo Grande Municipal Code is amended by adding Chapter 7 to Title 4 relating to regulation of registration and use of bicycles as follows: CHAPTER 7 - REGULATION OF REGISTRATION AND USE OF BICYCLES Sec. 4-7.0l. License Required. It shall be unlawful for any Citizen of the City of Arroyo Grande to operate or use a bicycle propelled wholly or in part by muscular power upon any of the streets, alleys or public highways of the City of Arroyo Grande, without first obtaining from the Police Depa rtment of sa i d city a license so to.do. Sec. 4-7.02. Issuance of License. Upon written application to the Police Department and payment to them of the license fee hereinafter specified, the Police Department shall issue to the applicant a license plate or tab which entitles the licensee to operate and use the licensed bicycle upon the streets, alleys, and public highways in the city, except as otherwise herein speci- fied. At the same time a serial number shall be stamped in an inconspicuous place on the frame of each bicycle which does not already bear an adequate number. Sec. 4-7.03. License Plates. Such plates or tabs shall be numbered, commencing with No. 100, shall also have thereon the name of the city, and one such plate or tab shall be supplied for attachment to the frame of each bicycle so licensed. Said plate or tab shall remain attached to such bicycle at all times. The Police Department shall keep a record of the date and number of every such license and the name of the person to whom the same was issued. Sec. 4-7.04. - Transferring Ownership (Other Than by Dealers). Except as provided in Section 5 below, every person who sells or transfers.owner- ship of any used bicycle shall report such sale or transfer to the Police Department within ten days thereafter giving the name and address of the purchaser or transferee. Such purchaser or transferee shall apply to the Police Department for a transfer of the registration of such bicycle within ten days after such sale or transfer. No fee sha I I be charged for such transfer of regjstration. Sec. 5-7.05. - Transferring Ownership (By Dealers). All persons, firms or corporations engaged in the business of buying or selling new or second hand bicycles shall report to the Police Department every second hand bicycle purchased by them and every new or second hand bicycle sold or transferred by them. Such report shall contain the name and address of the person from whom purchased or to whom sold or transferred, a description of such bicycle, the frame number thereof and the number of the license plate thereon, if any. . The foregoing reports shall be made to the Police Department within seventy-two hours after such purchase, sale or transfer. Sec. 5-7.06. - Lost or Stolen Bicycles, In case any bicycle is lost or stolen the owner or person in control thereof shall immediately notify the Police Department. Sec. 5-7.07. - Renting Out Bicycles. All persons who rent, hire out, or loan bicycles for a charge shall first obtain a license plate or tag to be used on each bicycle by paying therefor the regular fee of one dollar ($1.00). Sec. 5-7.08. - Removing or Mutilating License Plates. It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter any bicycle tab or plate or the numbers thereon, ~' ~ , Sec. 5-7.09. - License Fee. The license fee for the registration of each bicycle shall be one dollar ($1.00). The similar fee shall be paid for replacement of a lost or mutilated plate or tab. All such fees shall be paid into the General fund and be so designated as Bicycle Fees to cover the cost of license plates or tabs and the expense of administration. Sec. 5-7.10 - One Person Only. Bicycles designed and constructed to carry only one person shall not be used to carry any additional person or persons either on the handlebars thereof or elsewhere thereon. Sec. 5-7.11 - Hold on or Pulling Other Vehicles. No person, while riding any bicycles, shall hold on to or pull another moving vehicle. Sec. 5-7.12 - Traffic Signals and Signs. Every person riding and operating a bicycle shall obey all traffic signals and signs and before making turns shall give the same signals that are required of the operators of motor vehicles. Sec. 5-7.13 - Lights at Niqht. No rider of a bicycle shall ride the same at night without an adequate white headl ight on the front thereof and a red reflector on the rear, as required by the Vehicle Code of the State of Cal ifornia. Sec. 5-7.14 - Penalties. Each person violating any of the provisions of this ordinance shall, upon conviction thereof, be punished by a fine of not more than Twenty-five dollars ($25.00) or by imprisonment in the County Jail for not more than ten (10) days, or by both such fine and imprisonment, and any person defaulting in the payment of any fine shall be imprisoned one day for each Five Dollars ($5.00) of said fine remaining unpaid. The court may, in lieu of or in addition to such fine and imprisonment, prohibit the operation upon the streets, alleys and public places of the city for a period of not to exceed thirty (30) days of the bicycle used in such violation, in which event the bicycle su used shall be impounded with the Police Department and retained there for the prohibited period. Sec. 5-7.15. - Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the vaJ idity of the remain- ing portion5 of this ordinance. The City Council of the City of Arroyo Grande hereby dec1 a res it would have adopted this ordinance and each section, subsection, sentence, cJause, phrase or portion thereof, irrespective of the fact that anyone or more sections, subsections, clauses, phrases, or portions b~ declared invalid or un- constitutional. Sec. 5-7.16. - Effective Date. This ordinance shall take effect and be in full force and effect thirty (30) days after its final passage, and before the expiration of fifteen (15) days after such passage shall be published once in the Arroyo Grande Herald Recorder. On motion of Councilwoman Thompson, seconded by Councilman Levine, and on the following roll call vote, to wit: AYES: Councilwoman Thompson, ,Councilmen Levin, Schlegel, Smith and Mayor Wood. NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 22nd day of October, J968. .-//.-L~___~~ ATTEST~~~L//~ . MAYOR CITY ERK --.-.."....----. --.-- -~'---'- "--_."-