Chowchilla Municipal Code Ch. 10.48 Bicycles and Wheeled Toys

For the purpose of this chapter, certain words and terms are defined in this section and shall have the meaning thus ascribed:

A. "Bicycle" includes every device propelled in whole or in part by human power upon which a person may ride, having two or more tandem wheels any one of which is over fourteen inches in diameter.

B. "Business district" shall be that defined by the Vehicle Code.

C. "Place of public assembly" includes all buildings or areas where persons congregate from time to time, exclusive of those within business districts as defined in this section.

D. "Registration" includes the completion of registration forms and license indicia necessary for proper recordation.

E. "Sidewalk" means that area adjacent to a travelled roadway, whether hard-surfaced or not, upon which the public is customarily invited or permitted to walk or otherwise use.

F. "Wheeled toy" includes all other wheeled objects, regardless of motive power, not classified as bicycles in this code nor as vehicles in the Vehicle Code, and specifically includes, but without limitation, roller skates, skateboards, coasters, scooters and toy vehicles.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-99)

Devices designed, intended and used solely for the transportation of infants, invalids or incapacitated persons, or devices designed, intended and used for the transportation of merchandise to or from the place of purchase, and other wheeled devices when being used for either of these purposes, shall be exempted from the regulations imposed by this chapter. Likewise, the regulations specified in this chapter shall not apply to a place of public assembly when it is not open or in use, nor shall they apply if the person in charge of such place of public assembly expressly waives the same.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-103 (part))

The finance department, or its designated agent, shall issue bicycle registrations upon written application. Such registration and license shall be valid for a period of three years or until the first day of February following the second anniversary of the issuance thereof, whichever is shorter.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-105)

Every person desiring a bicycle license must demonstrate to the chief of police or his authorized agent that the bicycle for which the applicant desires to secure license plates meets the following requirements as to safe mechanical condition:

A. Brakes. Every bicycle shall be equipped with a brake adequate to skid the front or rear tire of the bicycle upon application of the brakes.

B. Sirens and Whistles. It is unlawful to equip a bicycle with a siren or whistle.

C. Carriers. Every bicycle equipped with a carrier must have the carrier securely attached to the bicycle.

D. Stand. Every bicycle shall be equipped with a stand in good working order.

E. Lights. Every bicycle operated at any time from a half-hour after sunset to a half-hour before sunrise shall have lights in accordance with the requirements of the Vehicle Code of the state of California.

F. Handlebar Grips. Every bicycle that is equipped with handlebar grips must have the grips securely glued or cemented to the handlebars.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-115)

Bicycle registrations are due and payable in advance on the first day of February following the second anniversary of the issuance thereof.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-113)

The registration fee to be paid for each bicycle shall be one dollar.

There shall be no proration of fees regardless of when the registration is purchased.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-107)

A. The city shall provide registration stickers and serial numbers for each bicycle registered. The registration stickers shall bear numbers in numerical order. Such stickers shall be suitable for attachment upon the frames of bicycles, and it shall be the duty of the finance department or designated agency to attach one such sticker to the frame of each bicycle and to each thereon a serial number, unless provided by the manufacturer, upon the payment of the registration fee. The registration sticker shall remain attached for as long as the license is valid.

B. If any registration sticker is lost, it shall be the duty of the registered owner of the bicycle to procure a new one, the cost of which shall be one dollar.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-110)

The police department shall keep a record of the date of issue of each bicycle registration, to whom it was issued and the number thereof.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-108)

Bicycle registrations, when issued, shall entitle the registrant to operate the bicycle for which the registration has been issued upon all streets, alleys and public highways, exclusive of the sidewalks and freeways thereof, in the city.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-106)

It shall be the duty of the purchaser of a registered bicycle to apply for a new registration therefor within ten days of the sale or transfer of ownership.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-109)

No person shall remove, destroy, mutilate, alter or obliterate any serial number upon any bicycle registered under this chapter, nor shall any person remove, destroy, mutilate, alter or obliterate any registration sticker issued pursuant to this chapter.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-111)

Upon loss or defacing of a license plate, the licensee shall be required to report its loss or theft within ten days to the police department. Upon receipt of such report, the finance department shall cancel this license and issue a new license plate to the licensee upon receipt of one dollar.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-114)

It is unlawful for any person to ride or operate a bicycle in the city unless the bicycle is equipped as otherwise provided in this chapter and unless the bicycle is in safe mechanical condition.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-116)

It is unlawful for any person to ride or operate a bicycle in the city in violation of any of the rules of the road as set forth in this chapter.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-117)

No person shall turn a bicycle or stop a bicycle which he is riding or operating unless such movement can be made with safety, and then only after giving an appropriate signal during the last fifty feet traveled by the bicycle before turning or stopping.

(Ord. 286-78 § l (part), 1978: prior code § 12-125)

A. Left Turn. Every person signalling a left turn shall do so by extending his left hand and arm horizontally beyond the side of the bicycle.

B. Right Turn. Every person signalling a right turn shall do so by extending his left hand and arm upward beyond the side of the bicycle.

C. Stop or Sudden Decrease of Speed. Every person signalling a stop or sudden decrease of speed shall do so by extending his left hand and arm downward beyond the side of the bicycle.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-126)

No person shall ride or operate a bicycle faster than is reasonable and proper, and every bicycle shall be operated with reasonable regard to the safety of the operator and other persons upon the streets, sidewalks and public highways of the city.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-121)

The operator of a bicycle, on leaving an alley or driveway, when his view of either the sidewalk or street area is obstructed, shall stop such bicycle immediately prior to riding upon such sidewalk or street area.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-124)

No bicycle shall be turned in any business district so as to proceed in the opposite direction, except at intersections. No bicycle operated in a residence district shall be turned so as to proceed in the opposite direction when any other vehicle is approaching from either direction within two hundred feet, except at an intersection.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-123)

No person shall ride or operate a bicycle upon any playground, park or schoolground where children are playing, without permission of the person having supervision thereof.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-122)

A. No person shall ride or operate a bicycle on any sidewalk in the city except as may be specifically exempted in this chapter.

B. Juveniles under the age of eleven years, exercising due care and giving the pedestrian right-of-way, may ride and operate their bicycles upon sidewalks, excepting such sidewalks as are in front of schools, stores or buildings used for business purposes.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-118)

No person shall use, operate, park or leave any wheeled toy upon the traveled way of any public street or alley.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-101)

No person shall use or operate any bicycle or wheeled toy upon any sidewalk in a business district or adjacent to any place of public assembly.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-100)

Persons riding or operating bicycles in the city shall not ride more than two abreast, except on paths or parts of a roadway set aside for the exclusive use of bicycles; provided further, that persons riding bicycles on the sidewalk shall do so in single file.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-119)

No person riding or operating a bicycle in the city shall tow any other vehicle or person, except that bicycle trailers used for the delivery of newspapers, magazines or merchandise may be towed when being used in such delivery service.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-120)

A. If there are no bicycle racks or other facilities intended to be used for parking of bicycles in the vicinity, bicycles may be parked on the sidewalk in an upright position parallel to and within twenty-four inches of the curb.

B. Any merchant or person desiring to construct and erect bicycle racks may do so after obtaining the approval of the city administrator or designee as to the type of rack and the place where such person or merchant intends to erect such bicycle racks.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-103 (a), (b))

No person shall park or leave any bicycle or wheeled toy upon any street or alley, nor upon any sidewalk in any business district or adjacent to any place of public assembly in such manner as to obstruct or hinder the free passage of pedestrians or other vehicles or devices permitted to use the same. Any bicycle or wheeled toy found in violation of this section may be impounded by the police department and returned to the owner under such reasonable conditions as may be established by the chief of police.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-102)

A. The operator of any bicycle involved in an accident shall take reasonable steps to ascertain whether or not anyone was injured, and he shall give his name, address and license number of his bicycle to the person with whom he was in collision, and he shall obtain the same information from the other person.

B. It shall be the duty of the bicycle operator to make a written report of any accident, resulting in death or injury, to the police department within twenty-four hours of such accident.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-127)

All abandoned bicycles and unidentified bicycles remaining in the hands of the chief of police shall be disposed of in accordance with Chapter 2.36 of this code.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-141)

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 police department, which report shall include the name and address of the person to whom said bicycle was sold or transferred, such report shall be made within ten days from the date of sale or transfer.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-138)

A. License plates shall not be transferable from one bicycle to another or from one owner to another.

B. It shall be the duty of the purchaser of such bicycle to make application for a new license in accordance with the provisions of this chapter.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-139)

All persons engaged in the business of buying secondhand bicycles are required to keep daily records and make monthly reports to the police department, giving the name and address of each bicycle purchased, the serial number thereof and the number of the license sticker found thereon, if any.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-112)

All persons engaged in operating a bicycle rental agency for the purpose of renting or lending bicycles to patrons shall first obtain a license plate for each bicycle so used by paying therefor the regular registration fee. License plates thus obtained by bicycle rental agencies shall not be transferred from one bicycle to another.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-140)

No person or persons in the city shall establish, carry on or operate a bicycle establishment, except as authorized by this article, and without first obtaining a license from the city clerk.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-128)

The annual license fee shall be as provided in the ordinance providing for business licenses for businesses within the city.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-129)

No person having a bicycle establishment license under the provisions of this title shall transfer, sell, assign, loan or permit any person to have or use his license or permit.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-130)

No person operating a bicycle establishment shall take in exchange or receive any goods, article, bicycle part or bicycle from any person under the age of eighteen years or from any person under the influence of intoxicating liquor.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-131)

No person operating a bicycle establishment shall alter, repair or dispose of any bicycle or bicycle part purchased or taken in exchange, as a secondhand bicycle or bicycle part thereof, until after the expiration of thirty days from the date of purchase or exchange. During the thirty-day period aforementioned, the bicycle or bicycle part so obtained shall remain without alteration on the premises in respect to which the license is issued, and be kept separate from bicycles or bicycle parts previously purchased, and shall be subject to inspection at any time during business hours by the chief of police or any police officer, or other persons designated by the chief of police.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-132)

Any bicycle establishment license issued pursuant to this chapter may be revoked or denied by the city administrator of the city after notice and hearing for any of the following reasons:

A. Fraud, misrepresentation, or any false statement contained in the application for a license;

B. Conviction of the applicant or license holder of any felony or crime involving moral turpitude;

C. Any violation of any provision of this chapter, or any provisions of any ordinance or law relating to and regulating the bicycle establishment;

D. Conducting the business of a bicycle establishment in an unlawful manner or in such 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.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-133)

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

(Ord. 286-78 § 1 (part), 1978: prior code § 12-134)

Any person aggrieved by the decision of the city administrator shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city clerk a written statement of the grounds for appeal within fourteen days after receiving notice of the decision of the city administrator.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-135)

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 for notice of hearing for revocation or denial by the city administrator in Section 10.48.410.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-136)

No license to operate a bicycle establishment shall be issued to any person who has had such a license revoked or denied pursuant to this chapter except upon application to the city council and the council approval of the license.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-137)

The city administrator is authorized and directed to erect such signs and other notices as he deems advisable under this chapter.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-104)

A. Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be punished as provided in Chapter 1.16 of this code.

B. Where this chapter has been violated by juveniles under the age of eighteen years, in lieu of such fine and imprisonment as provided in this section, and in lieu of filing charges in the juvenile court, the chief of police may prohibit the operation upon the streets, alleys and public places in the city of Chowchilla for a period not to exceed thirty days of a bicycle so used in such violation, in which event the bicycle so used in such violation shall be impounded by the chief of police and retained by him during the period in which the operation is prohibited.

(Ord. 286-78 § 1 (part), 1978: prior code § 12-142)