Corning Municipal Code Ch. 10.46 Bicycles, Skateboards and Roller Skates

Whereas, the legislature of the state has enacted into law certain sections of the California Vehicle Code pertaining to bicycles, beginning with Section 21200 through 21211, Division 1, Article 4 and pertaining to skateboards and roller skates as Sections 21967 through 21969, Division 11, Chapter 5, the city council does adopt these divisions, chapters and articles for the purpose of implementing the provisions of the Vehicle Code referred to in this chapter.

(Ord. 517 (part), 1992).

For the purpose of this chapter, the following clarification and definitions are provided: ;p0;"Bicycle" as defined in the California Vehicle Code Section 231 means a device which any person may ride propelled exclusively by human power through a belt, chain or gears and having one or more wheels. ;p0;"Business district," as defined in this chapter, means the downtown business district of Solano Street from First Street to Houghton Avenue and all side streets connecting to Solano Street for a distance of one-half block to the north and one-half block to the south of Solano Street, or any other areas as designated by the city council. ;p0;"Motorized skateboard" means the same as a skateboard in all respects, except that it is designed to be or can be self-propelled by motorized power. ;p0;"Private roads" or "driveway," as defined in the California Vehicle Code Section 490, means a way or place in private ownership and used for vehicular travel by the owner and those having expressed or implied permission from the owner, but not other members of the public. These roads are generally open to the public for purpose of vehicular traffic to serve commercial establishments. ;p0;"Roadway," as defined in the California Vehicle Code Section 530, means that portion of a highway improved, designated or ordinarily used for vehicular traffic. ;p0;"Sidewalk," as defined in the California Vehicle Code Section 555, means that portion of a highway, other than a roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel. ;p0;"Skateboard/roller skates" means a vehicle, device or conveyance with any number of wheels, with a riding surface of any design and specifically includes roller skates upon which a person may place one or more feet and which is designed to be or can be propelled by a human and which is not classified as a bicycle.

(Ord. 517 (part), 1992).

A. The city council finds that the operation of bicycles, skateboards and roller skates upon certain public property and upon private property used by public purposes to be hazardous to pedestrians, motorists and to persons operating bicycles, skateboards and roller skates.

B. No person shall:

1. Ride a bicycle, skateboard or roller skates upon a sidewalk within a business district, as that term is defined in the California Vehicle Code, Sections 235 and 240, or as may be defined by ordinance of the city council. Whenever any person is riding a bicycle, skateboard or roller skates upon a sidewalk other than in a business district or in any other public place, such person shall yield the right-of-way to any pedestrian;

2. While riding any bicycle, motorcycle, coaster, skateboard, roller skates or any toy vehicle, attach the same or himself/herself to any moving vehicle and shall not permit any attachment to be done;

3. Ride any skateboard, motorized skateboard or roller skates in, on, over or upon any roadway, as that term is defined in the California Vehicle Code or this code;

4. Ride any skateboard, motorized skateboard or roller skates in, on, over or upon any private roads as defined in Section 10.46.020(B)(1);

5. Park, leave or place any bicycle on any sidewalk in such a manner as to block access on, or to be a hazard to, any pedestrians use of the sidewalk;

6. Remain on any private property or business premises after being notified by the owner or lessee or other person in charge to leave.

(Ord. 517 (part), 1992).

A. A violation of Section 10.46.040 is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine of not less than fifty dollars nor more than five hundred dollars or by both.

B. Alternatively, a violation of Section 10.46.040 may be charged as an infraction punishable by a fine or not less than twenty-five dollars nor more than one hundred dollars.

(Ord. 517 (part), 1992).

A. Sidewalks designated as riding prohibited by the city council or property owner, which are not within a business district, shall be posted with the international prohibited sign (red circle with diagonal bar over the vehicle prohibited) on the sidewalk at the beginning and end of the prohibited zone.

B. Private roads or driveways shall be posted with a sign not less than seventeen inches by twenty-two inches in size, with lettering not less than one inch in height, prohibiting public use of the property for other than customer parking, or owners access. The sign should also indicate the Corning police department telephone number and that a citation may be issued for the violation. All private property owners/lessees desiring enforcement of this code must place a signed letter on file with the Corning police department outlining their desires and authorizing prosecution of violators.

(Ord. 517 (part), 1992).

Handicapped persons confined to wheelchairs shall be excluded from the provisions of this chapter and shall not be restricted from the use of public sidewalks.

(Ord. 517 (part), 1992).

Any bicycles or toys in the possession of the Corning police department which have been unclaimed for a period of at least sixty days may, instead of being sold at public auction to the highest bidder pursuant to the provisions of Section 2080.5 of the Civil Code, be turned over to the Tehama County probation department, the Tehama County welfare department or to any charitable or nonprofit organization which is authorized under its articles of incorporation to participate in a program or activity designed to prevent juvenile delinquency and which is exempt from income taxation under federal or state law, or both, for use in any program or activity designed to prevent juvenile delinquency.

(Ord. 580, 1998: Ord. 567 (part), 1997).

In accordance with state law, bicycles or toys may be transferred which have been unclaimed for a period of at least sixty days.

(Ord. 567 (part), 1997).

At the discretion of the chief of police, the transfer of bicycles or toys may be made at any time during the year. The police department, however, shall maintain a record of serial numbers and descriptions when the transfer is made.

(Ord. 567 (part), 1997).