Article 4 — PURCHASES, SALES, AND RENTALS

For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BICYCLE ESTABLISHMENT. A business operated by any person wherein new or used bicycles or bicycle parts are purchased, sold, exchanged, bartered, repaired, remodeled, dismantled, or junked.

('66 Code, § 4-1.401) (Ord. 352-A, passed 5-16-55)

No person in the city shall establish, carry on, or operate a bicycle establishment except as authorized by the provisions of this chapter and without first obtaining a license as provided in Chapter 1 of Title 3 of this code.

('66 Code, § 4-1.402) (Ord. 352-A, passed 5-16-55) Penalty, see § 4-1.501

(A) Grounds. Bicycle establishment licenses issued pursuant to Chapter 1 of Title 3 of this code may be revoked by the Chief of Police after notice and hearing for any of the following reasons:

(1) Fraud, misrepresentation, or any false statement contained in the application for a license;

(2) The violation of any provision of this chapter or any provision of any other law relating to and regulating bicycle establishments;

(3) The conviction of the licensee of any felony or crime involving moral turpitude; and

(4) Conducting the business in an unlawful manner or in such a manner as to constitute a breach of the peace or to be a menace to the health, safety, or general welfare of the people of the city.

(B) Notice of hearing. Notice of the hearing for revocation of a license shall be given in writing, stating the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at the address given on the application for the license at least five days prior to the date set for the hearing.

(C) Appeals.

(1) Any person aggrieved by the decision of the Chief of Police shall have the right to appeal to the City Manager.

(2) Any person aggrieved by the decision of the City Manager shall have the right to appeal the Council. Such appeal shall be taken by filing with the City Clerk a written statement of the grounds

for the appeal within 14 days after receiving notice of the decision of the City Manager.

(D) Hearing. The Council shall set the time and place for hearing such appeal and notice of such time and place shall be given by the City Clerk in the manner provided in division (B) of this section for notice of hearing for revocation by the Chief of Police.

('66 Code, § 4-1.403) (Ord. 352-A, passed 5-16-55)

No license to operate a bicycle establishment shall be issued to any person who has had such a license revoked pursuant to the provisions of this chapter except upon the applicant's applying to the Council and the Council authorizing the issue of the license.

('66 Code, § 4-1.404) (Ord. 352-A, passed 5-16-55)

(A) The Chief of Police shall furnish free of charge to every person operating a bicycle establish-ment a book known as the bicycle register in which shall be entered, in plain and legible handwriting, a record of every transaction for all bicycles or bicycle parts purchased, bartered, exchanged, or sold at such establishment. The entry shall be recorded at the time of the transaction and shall include the date, the description of the bicycle or part, the customer's name and address, and the signature of both the customer and the dealer's agent. The description of the bicycle shall include the make, model, style, color, serial number, and city license number, if previously licensed. In the event a used or secondhand bicycle which has not been licensed is tendered to the bicycle establishment, the buyer shall require the seller to obtain the approval of the Chief of Police to complete such sale or exchange. The dealer shall indicate on the face of the record under “remarks” the intended disposition of such bicycle as “held for resale,” “salvable for parts,” or “junked.” The operator of a bicycle establishment shall also enter in the bicycle register a record showing the disposition of each bicycle purchased, indicating whether such bicycle was resold or dismantled.

(B) The provisions of this section shall not apply to new bicycles or parts purchased by the dealer at wholesale.

('66 Code, § 4-1.405) (Ord. 352-A, passed 5-16-55; Am. Ord. 576-A, passed 3-25-63) Penalty, see § 4-1.501

The operator of a bicycle establishment shall keep the bicycle register in a safe place and see that it is not mutilated or destroyed. The bicycle register shall remain the property of the city and shall at all times be opened to inspection by the Chief of Police or any police officer and it may be taken by such police officer from the possession of the operator of a bicycle establishment if deemed necessary.

('66 Code, § 4-1.406) (Ord. 352-A, passed 5-16-55)

On or before the 10th day of each month all persons operating a bicycle establishment shall forward to the Chief of Police the original copy of all sales or transactions conducted during the preceding month. The duplicate copy shall be maintained by the bicycle establishment as a permanent record.

('66 Code, § 4-1.407) (Ord. 352-A, passed 5-16-55; Am. Ord. 576-A, passed 3-25-63) Penalty, see § 4-1.501

Upon receipt of the reports set forth in §§ 4-1.405 and 4-1.407 of this article, the Chief of Police shall check them to determine if the purchase or sale is recorded in the Police Department and that the sale or purchase is approved, and shall make proper record of such transfer of ownership. Should the new owner fail to apply for registration or license, the Chief of Police shall notify the new owner to do so.

('66 Code, § 4-1.408) (Ord. 352-A, passed 5-16-55)

The person operating any bicycle establishment which alters, repairs, or exchanges secondhand parts or used bicycles shall keep the secondhand parts purchased, bartered, or exchanged separated from the stock of new merchandise. The establishment and the used parts of secondhand bicycles shall be subject to inspection at any time during business hours by the Chief of Police or any police officer or other person assigned by the Chief of Police.

('66 Code, § 4-1.409) (Ord. 352-A, passed 5-16-55; Am. Ord. 576-A, passed 3-25-63) Penalty, see § 4-1.501

No person operating a bicycle establishment shall purchase a bicycle from any person unless, at the time of the purchase, such person surrenders to the bicycle establishment operator his license plate, if detachable, and registration card for such bicycle for sale. The operator of any bicycle establishment shall immediately notify the Chief of Police of any bicycle offered for sale, exchange, or barter which is made up of or contains component parts which are either unmarked, altered, or marked with a different identification number than the one assigned by the Police Department which is the same as the bicycle license issued or affixed to the bicycle. If such bicycle does not have a city license, the approval of the Chief of Police shall be obtained before the purchase or sale shall be made.

('66 Code, § 4-1.410) (Ord. 352-A, passed 5-16-55; Am. Ord. 576-A, passed 3-25-63) Penalty, see § 4-1.501

No person operating a bicycle establishment shall take in, exchange, or receive any goods, articles, bicycle parts, or bicycles from any person under the age of 18 years or from any person under the influence of intoxicating liquor.

('66 Code, § 4-1.411) (Ord. 352-A, passed 5-16-55) Penalty, see § 4-1.501

Every person, other than the operator of a bicycle establishment, who sells or transfers ownership of any bicycle shall report such sale or transfer of ownership to the Chief of Police and shall return

the registration card issued to such person to the Chief of Police, together with the name and address of the person to whom such bicycle was sold or transferred within 10 days from the date of the sale or transfer; provided, however, if the sale or transfer is made to the operator of a bicycle establishment, such registration card shall be given to the operator of such bicycle establishment, who shall then forward the registration card to the Chief of Police.

('66 Code, § 4-1.412) (Ord. 352-A, passed 5-16-55) Penalty, see § 4-1.501

It shall be the duty of the purchaser or transferee of any bicycle to make application for a new registration card within 10 days of such purchase or transfer.

('66 Code, § 4-1.413) (Ord. 352-A, passed 5-16-55; Am. Ord. 576-A, passed 3-25-63) Penalty, see § 4-1.501

All persons engaged in operating bicycle rental agencies for the purpose of renting or lending bicycles to patrons shall first obtain a license and registration card for each bicycle so used by paying therefor the regular license fee.

('66 Code, § 4-1.414) (Ord. 352-A, passed 5-16-55) Penalty, see § 4-1.501

Licenses obtained by bicycle rental agents pursuant to the provisions of §4-1.414 of this article shall not be transferred from one bicycle to another.

('66 Code, § 4-1.415) (Ord. 352-A, passed 5-16-55) Penalty, see § 4-1.501

All abandoned bicycles and unidentified bicycles remaining in the hands of the Chief of Police may, at the end of six months, be sold without liability or responsibility of the Police Department or the city.

('66 Code, § 4-1.416) (Ord. 352-A, passed 5-16-55; Am. Ord. 576-A, passed 3-25-63)