Banning Municipal Code Ch. 10.32 Bicycle Registration

As used in this chapter, the following terms and words shall have the following meanings:

"Bicycle" means and includes 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 inches in diameter and frame size of at least fourteen inches, and having two or more wheels.

"Identification plate" means and includes the license tag or decal designated by the State of California in accordance with Section 39001 of the California Vehicle Code, to be permanently affixed to the bicycle, and which bears a unique number permanently assigned to that bicycle.

(Code 1965, § 5-1.)

It shall be a violation of law, subject to a fine as specified herein, for any person to use or operate any bicycle upon the streets, alleys, or public places in the city without the same being registered pursuant to this chapter and having had issued to him and placed upon the bicycle the identification plate of the current year, use any bicycle without the identification plate of the current year being displayed thereon or fail or refuse to make application and register the same.

(Code 1965, § 5-2.)

An application for registration under this chapter shall state the name and address of the owner or person in charge or control of such bicycle; the make and kind of bicycle; the factory number thereof the name of the person from whom the same was purchased; and such other description and information relative thereto as may in the judgment of the chief of police be necessary and proper for the identification thereof.

(Code 1965, § 5-3.)

A. Upon application for registration under this chapter, and upon payment by the applicant of a fee per year, or fractional part thereof, in an amount to be set by resolution of the city that does not exceed that authorized by law, the chief of police shall issue to such applicant an identification plate, which shall immediately be placed and securely attached by such owner, or person in charge or control of such bicycle, upon such bicycle in such a manner that the same shall always be in plain view, and which plate shall at all times during the current registration period remain on such bicycle and not be removed therefrom.

B. The chief of police shall at the same time give to such applicant an identification card, having upon it the identification number assigned to the owner of such bicycle registered, stating the name and address of the owner and a brief description of such bicycle.

(Code 1965, § 5-4.)

Identification plates shall expire on January 1st, of the third year following the year of registration, or after such other period as may be designated by the Director of the state Department of Motor Vehicles under the authority of the Vehicle Code Section 39001.

(Code 1965, § 5-5.)

The chief of police shall carefully file and preserve each application for registration pursuant to this chapter and keep a register of all bicycles for which identification plates and cards are issued, which register shall contain the name of the owner or person in charge or control of such bicycle, the make and factory number of the bicycle, the number of the identification plate and such other information as may be in the discretion of the chief of police necessary and proper for the carrying out of the purpose of this chapter.

(Code 1965, § 5-6.)

It shall be the duty of every person who sells or transfers ownership of any bicycle to report such sale or transfer by returning to the chief of police the registration card issued to such person as licensee thereof, together with the name and address of the person to whom such bicycle was sold or transferred. Such report shall be made within five days of the date of such sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of registration thereof, within five days of such sale or transfer. The fee shall be in the amount set by resolution of the city council. The fee shall not exceed that permitted under state law.

(Code 1965, § 5-7.)

In the event the identification plate or identification card provided for by this chapter is lost or stolen from any bicycle, the owner or person in charge of such bicycle shall immediately notify the police department of the loss of the same, and when such owner or person in charge or control of such bicycle makes proper affidavit or proof of the loss of such plate or identification card, stating the facts of such loss as nearly as possible, the chief of police shall issue such owner or person in charge or control of such bicycle, upon the payment of a fee in an amount to be set by resolution of the city that does not exceed that authorized by law, a new identification plate or card, or both, as the case may be.

(Code 1965, § 5-8.)

It is the duty of every owner or person in charge or control of any registered bicycle to immediately notify the police department of the loss by theft or otherwise of any such registered bicycle.

(Code 1965, § 5-9.)

There is created a bicycle license fund in which all fees collected above the cost of procuring and distributing the identification plates and report forms shall be deposited, to be used to improve bicycle safety programs and establish bicycle facilities, including bicycle paths and lanes within the city. Monies in the bicycle license fund shall also be used to purchase, distribute, and promote the use of, bicycle safety devices.

(Code 1965, § 5-10.)

It shall be a violation of law, subject to a fine as specified herein, for any person who sells, gives away, buys or takes in trade for purpose of resale more than 5 bicycles in any one calendar year, to fail to keep at his place of business a record of all bicycles bought, sold or rented by him, giving an accurate description of such bicycle and from whom received, together with his address, the factory number of the bicycle, the serial number thereof, if any, to whom sold or rented giving their names and addresses and the number of the identification plate and identification card, if any, together with the date of such transaction. This record shall be kept in a plainly legible form and shall at all times be open to the inspection of the police department.

(Code 1965, § 5-11.)

It shall be a violation of law, subject to a fine as specified herein, for any person, acting either for himself or any other person, to change the factory or serial number on any bicycle, or remove or permit the removal of the identification plate from the same. Nothing in this chapter shall prohibit the police department from stamping numbers on the frames of bicycles on which no serial number can be found, or on which such number is illegible or insufficient for identification purposes.

(Code 1965, § 5-12.)

It shall be a violation of law subject to a fine as specified herein, for any person to use or operate a bicycle upon the streets or public highways of the city which has no serial number or from which the serial number has been erased.

(Code 1965, § 5-13.)

The chief of police may establish a program of instruction, as in his discretion is advisable and necessary, aimed at teaching bicycle riders, particularly those of school age, safe riding practices, the laws pertaining to bicycles and courtesy in the operation of bicycles.

(Code 1965, § 5-.)

A. In addition to any fine imposed for such violation, the chief of police and any police officer shall seize, take into possession and keep any bicycle kept or used within the city in violation of any provisions of this chapter, or found abandoned within the city. Such bicycle shall be kept for a period of not less than thirty days, unless the owner or person entitled to possession thereof redeems the same by paying a fee in an amount to be set by resolution of the city that does not exceed that authorized by law for the cost of seizure, storage and safe-keeping of such bicycle, or otherwise complying with the provisions of this chapter.

B. If such bicycle is not redeemed within thirty days it shall be the duty of the chief of police to sell such bicycle at public auction, and from the proceeds of the sale to pay the license charge and the sum of one dollar for the cost of seizure, storage and keeping of such bicycle, and the cost of sale, including the cost of publication and giving notice of sale. Notice of such sale shall be given to the owner, if the name and address of such owner is known or, if the same can be ascertained with ordinary diligence. Such personal service by registered mail shall be made at least ten days before the date of sale. If the owner or his address cannot be ascertained by ordinary diligence, notice of such sale shall be given by publication once in a newspaper of general circulation published within the city, which notice shall be given at least ten days before the date of sale. Any excess of the purchase price obtained over and above the license fee and expenses provided for above shall be returned to the owner, if known, and if the owner or his address is unknown such excess shall be paid into the bicycle license fund. The collection and disbursement of all such money shall be done in accordance with the general accounting procedure of the city.

(Code 1965, § 5-15.)

A fine in an amount to be set by resolution of the city that does not exceed that authorized by Section 39011 of the California Vehicle Code or its successor section, shall be charged for violation of the provisions of this chapter. Fines collected under this section shall be deposited in the bicycle license fund.

(Code 1965, § 5-16.)