Gustine Municipal Code Art. 9 Bicycles and Play Vehicles

Footnotes:

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State Law reference— Bicycles generally, Vehicle Code §§ 21200, 39000 et seq.; authority to regulate bicycles, Vehicle Code § 21100(h); authority to regulate roller skating, skateboards, etc., Vehicle Code §§ 21967, 21969.

(a) In addition to any other penalty provided by this chapter, the police department or any of the members thereof, may impound and retain possession of any bicycle operated in violation of any of the provisions of this chapter, and retain possession of the same until the license provided for in this article is obtained by the owner of such bicycle.

(b) In addition to the penalty set forth in subsection (a) of this section, the chief of police is hereby granted authority to suspend for a period of not to exceed 30 days, the registration card and license for any bicycle which is operated by the owner or rider thereof, in violation of or contrary to any law of the state, or any ordinance of the city or the provisions of this chapter, during which time the chief of police may take possession of and impound such bicycle. At the expiration of the period of suspension, the registration card and license shall be reinstated and the bicycle delivered to its owner at the city police department.

(c) In addition to the penalties set forth in this section, the chief of police is hereby authorized to require any minor under the age of 18 years, who operates a bicycle in violation of any of the provisions of this chapter, or of the Vehicle Code to attend a bicycle operator's school to be conducted under the supervision of the chief of police. Such school shall be for the purpose of educating the violator regarding proper operation of a bicycle and the provisions of law applicable to bicycles.

(Code 1966, § 4-12.401)

(a) No person shall operate any bicycle on any street, road, highway, or other public property within the city unless the bicycle is licensed in accordance with this section.

(b) All registrations and licensing of bicycles is subject to the restrictions of the mandatory provisions set forth in Vehicle Code § 39000 et seq. The following sections of this article implement discretionary provisions of such Vehicle Code sections.

(c) The city police department is appointed as the "licensing agency," whenever that term is used in this section. However, the city council may, by resolution, appoint another city department as the licensing agency.

(d) Application for a bicycle license or renewal shall be made to the licensing agency upon a form provided to the city by the state. Upon receipt of a proper application, a bicycle license or renewal sticker shall be issued and shall be effective for three calendar years from January 1 of the calendar year in which it was issued (e.g., a license issued at any time during 2002 shall be valid through December 31, 2004).

(e) It shall be the duty of every person who sells or transfers ownership of any bicycle, to report such sale or transfer by returning the registration card or receipt issued to such person as licensee thereof to the police department, or to any other locations as designated by the chief of police, together with the name and address of the person to whom such bicycle was sold or transferred, and such report shall be made within ten days of such sale or transfer.

(f) The fees for initial three-year licenses, subsequent three-year renewals, transfers, and replacements shall be as designated in the master fee resolution. Fees shall be paid to the licensing agency before each license, renewal, transfer or replacement is issued. The transfer provisions shall not apply to secondhand dealers and pawnbrokers, or to merchants for purchases of bicycles from dealers, jobbers or manufacturers in the regular course of business.

(g) Violation of any of the provisions of this section is an infraction, except that any fine imposed for violations of the subsections of this section shall not exceed the maximum fine as stated in Vehicle Code § 39011.

(Code 1966, §§ 4-12.201—4-12.207)

State Law reference— Registration and licensing of bicycles, Vehicle Code § 39000 et seq.

It shall be unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this article; or to remove, destroy, mutilate or alter any license plate, sticker, seal or registration card which has been issued pursuant to this article. However, nothing in this article shall prohibit a person designated by the chief of police from stamping numbers on the frames of bicycles on which no serial number can be found or is illegible or insufficient for identification purposes.

(Code 1966, § 4-12.302)

No person shall ride bicycles, scooters, roller skates, skateboards, or similar devices upon any sidewalk in any business district.

(Ord. No. 411, § 1(A), 8-7-2000)

Persons operating scooters, roller skates, skateboards, or similar devices that are not otherwise controlled by the Vehicle Code are subject to the same regulations as are pedestrians while operating these devices on public streets, alleys or rights-of-way.

(Ord. No. 411, § 1(B), 8-7-2000)

It shall be unlawful to operate a bicycle, scooter, roller skates, skateboards, or similar devices on any restricted area or any private property without the permission of the property owner or person in control of the property. The term "restricted area" shall be defined as any section of public sidewalk, walkway, public park, thoroughfare, or other area, which is clearly posted by means of signs or painted markings prohibiting the operation of such devices.

(Ord. No. 411, § 1(D), 8-7-2000)

No person operating bicycles, scooter, roller skates, skateboards, or similar devices shall attach the same or himself to any moving vehicle.

(Ord. No. 411, § 1(C), 8-7-2000)

State Law reference— Similar provisions, Vehicle Code § 21203.

The city council may, by resolution, grant approval for the use of otherwise prohibited or restricted areas for organized events utilizing any of the restricted devices for organized events of community-wide interest and importance. In granting such approval, the council may impose such conditions, restrictions and requirements as it deems necessary or desirable in order to protect the public interest and promote the general welfare.

(Ord. No. 411, § 1(E), 8-7-2000)

(a) It is unlawful for any person to park bicycles on any public sidewalk in the city except in racks placed specifically for that purpose or in areas designated as bicycle parking areas by the chief of police.

(b) If no designated bicycle parking facility or rack is readily accessible, a bicycle may be parked upon a sidewalk, provided that it shall be parked so as not to obstruct pedestrian traffic.

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

(Code 1966, § 4-12.301)

State Law reference— Bicycle equipment, Vehicle Code § 21201.

No person shall equip a bicycle with a siren or whistle or operate or use a bicycle so equipped.

(Code 1966, § 4-12.303)

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

(Code 1966, § 4-12.304)

State Law reference— Handlebars, Vehicle Code § 21201(b).

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

(Code 1966, § 4-12.305)

No person riding or operating a bicycle in the city shall tow any other vehicle, coaster, skateboard, 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, or trailers designed specifically to carry people.

(Code 1966, § 4-12.308)

A person propelling or operating a bicycle upon any street in the city shall not participate in any race, speed or endurance contest unless such race, speed or endurance contest has the written permission of the city council under the supervision of the chief of police.

(Code 1966, § 4-12.309)

A person riding or propelling a bicycle in the business district of the city shall not perform or attempt to perform any acrobatic, fancy or stunt riding. Any person performing acrobatic, fancy or stunt riding in those portions of the city where it is not specifically prohibited by this chapter, shall exercise due care and shall yield the right-of-way to all vehicles and pedestrians.

(Code 1966, § 4-12.310)

When official signs or markings restricting parking of bicycles only, are in place in areas designated by the city council, bicycles shall be parked only in such places, and it shall be unlawful for any person to park or stand any vehicle other than a bicycle in such designated space. No person shall park a bicycle against any window or on the main traveled portion of a sidewalk in such a manner as to constitute a hazard to pedestrians, traffic or property and where bicycle parking spaces have been established and designated by official signs and markings, no persons shall park a bicycle in the vicinity thereof except in such designated bicycle parking spaces.

(Code 1966, § 4-12.311)