Kingsburg Municipal Code Ch. 10.20 Bicycles and Skateboards

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in the following subsections shall govern the construction, meaning, and application of words and phrases used in this article, and, except to the extent that a particular word or phrase is otherwise specifically defined herein, the definitions contained in Chapter 1.04 (commencing with Section 1.04.010) of Title 1 of this code, shall also govern the construction, meaning and application of words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be.

"Bicycle" means 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 (20) inches in diameter and a frame size of at least fourteen (14) inches.

"Bicycle dealer" means any person who is engaged wholly or partly in the business of selling bicycles, or buying or taking in trade bicycles for the purposes of resale, selling or offering for sale, or otherwise dealing with bicycles, whether or not such bicycles are owned by such person or entity. The term also includes agents or employees of such person or entity.

"Bicycle lane" means any lane within the roadway designated by signs and markings for the operation of bicycles.

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

"Bicycle path" means any specifically designated area for bicycle travel, physically separated from the roadway.

"Bicycle registration certificate (registration)" means and includes that ownership card issued by the licensing agency or agent of the city upon receipt of the designated license fee.

"Bicycle route" means any route recommended for bicycle travel which may include bicycle paths and public streets for accommodating bicycle riders.

"Central business district/central traffic district" means all streets and portions of streets within the area described as follows: all that area bounded by California Street, Lewis Street, Smith Street and Ellis Street, including both sides of such streets and both sides of Draper Street from Smith Street to Sierra Street.

"Cyclist" means any bicycle operator.

"Licensing agency" means and includes that party or parties designated by the chief of police as official licensing agencies of bicycles in the city.

"Pedestrian" means any person afoot or any cyclist having dismounted a bicycle and then proceeding to move the bicycle afoot.

"Police officer" means every officer of the police department of this city or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

"Skateboard" means any device that combines a board and wheels which the operator propels by standing on it and pushing with a foot or hand.

"Vehicle code" means the Vehicle Code of the State of California.

(Ord. 455 (part), 1986; prior code §§ 45-1002—45-2000)

No person residing in the city shall operate a bicycle on any street or sidewalk, or upon any public path set aside for the exclusive or semi-exclusive use of bicycles, within the city, unless such bicycle has been licensed under the provisions of this chapter.

For purposes of this chapter, the chief of police and his/her representatives shall be designated as the official licensing agent. The chief of police is hereby authorized to appoint any person or persons to assist in the capacity of bicycle licensing agencies. Each licensing agency shall license bicycles for persons residing in the city only; all other bicycle license applicants shall be referred to their respective city or jurisdiction of residency, licensing agencies shall submit monthly reports to the licensing agent indicating both a monthly and year-to-date summary of all licensing activities and fees collected.

(Prior code § 45-2001)

At the time that any person licenses a bicycle and pays the established license fee in accordance with the provisions of this article, the licensing agency shall provide him/her with a registration certificate bearing the date, owner's name, address, telephone number, bicycle license number, the bicycle manufacturer, type and frame number and any other descriptive material concerning the bicycle deemed necessary by the licensing agent, and provisions for the transfer of ownership of such bicycle. In addition, at the time of licensing, the bicycle owner shall be issued his/her permanent bicycle license bearing the unique number reflecting the proper indicia procured from the Director of Motor Vehicles pursuant to Section 39001 of the California Vehicle Code. Any bicycle license issued under this article prior to December 31, 1978, shall expire on December 31, 1978, and all renewals of any such issued license and all initial bicycle licenses issued subsequent to December 31, 1978, shall be for a uniform three year period pegged to January 1, 1979.

(Prior code § 45-2002)

Whenever any person sells, trades, disposes of or transfers any bicycle licensed pursuant to the provisions of this chapter, he/she shall endorse upon the registration certificate previously issued for such bicycle a written transfer of same, setting forth the name, address and telephone number of the transferee, the date of transfer, the signature of the transferer, and shall deliver such registration certificate, so endorsed, to the licensing agency at the time of transfer. The transferee shall, within ten (10) days after such transfer, apply to such licensing agency for a transfer of the registration certificate. A fee of one dollar shall be charged for such transfer of ownership.

(Prior code § 45-2003)

In the event that any registration certificate, issued pursuant to the provisions of this article, be lost or stolen, the licensee of such bicycle shall immediately notify the licensing agency and within ten (10) days after such notification shall apply to such licensing agency for a duplicate registration certificate; whereupon, such licensing agency shall issue to such licensee a duplicate registration certificate, upon payment to such licensing agency of a fee of one dollar.

In the event that any bicycle license, issued pursuant to the provisions of this article, be lost or stolen, the licensee shall immediately notify the licensing agency of such loss and shall within ten (10) days apply to such licensing agency for a new bicycle license; whereupon, such licensing agency shall issue to such licensee a new bicycle license upon payment to such licensing agency of a fee of one dollar.

(Prior code § 45-2004)

The fees required to be paid pursuant to the provisions of this article are:

A. For the initial period from September 15, 1975, to December 31, 1978, the sum of one dollar and fifty cents for each new bicycle license and registration certificate; provided, that such fee shall be apportioned as follows: if issued during the period from January 1, 1977 to December 31, 1977, one dollar only; if issued during the period from January 1, 1978 to December 31, 1978, the sum of fifty cents only. For each new license and certificate issued after December 31, 1978, the fee shall be one dollar and fifty cents if issued during the first year of the three year period of the license, one dollar if issued during the second year of such three year period, and fifty cents if issued during the third year of the three year period.

B. The fee for the renewal of a bicycle license upon its expiration shall be the sum of one dollar and fifty cents.

C. For each transfer of registration certificate, the sum of fifty cents.

D. For each replacement of a bicycle license or registration certificate, the sum of fifty cents.

E. For each impounding fee for bicycles found to be in violation of this article, the sum of one dollar.

F. For each violation of this article, a fine of two dollars.

(Prior code § 45-2005)

It is unlawful for any person to tamper with, destroy, mutilate or alter any registration certificate issued pursuant to the provisions of this chapter.

It is unlawful for any person to remove, destroy, mutilate or in any way alter or tamper with any bicycle license issued pursuant to the provisions of this chapter.

It is unlawful for any person to remove, alter or mutilate the serial number of any bicycle frame licensed under the provisions of this chapter.

(Prior code § 45-2006)

Any person engaged in the business of buying, selling or trading new or used bicycles within the city is hereby required to make a weekly report to the licensing agency giving the name, address and telephone number of all persons either buying, selling or trading new or used bicycles and the bicycle manufacturer, type, frame number and bicycle license number, if any.

(Prior code § 45-2007)

The licensing agency shall have the right to impound and retain possession of any bicycle in violation of the provisions of this chapter and may retain possession of such bicycle until the provisions of this chapter are complied with. A fine of two dollars shall be imposed for any violation of this article pursuant to Section 39011 of the Vehicle Code.

(Prior code § 45-2008)

All amounts collected in excess of the cost of conducting and administering the bicycle licensing program, including reasonable cost-reimbursement to licensing agencies, shall be placed in a special bicycle fund. The bicycle fund shall be used to improve bicycle safety programs and to establish and maintain bicycle facilities, including but not limited to, bicycle paths and lanes.

(Prior code § 45-2009)

All bicycles sold as of September 15, 1975, shall have, as a means of identification, serial numbers stamped on the frame of the bicycle in a manner determined by the Director of Motor Vehicles. The police department (or other appropriate city or county agency) may stamp numbers on the left rear fork ends of such bicycles not bearing manufacturers' serial numbers.

(Prior code § 45-2010)

A rental agency operating within the city shall not rent or offer any bicycle for rent unless such bicycle is licensed as provided in this article.

(Prior code § 45-2011)

The chief of police shall prepare an annual bicycle safety report. It is to include accident data; enforcement, licensing, registration and educational activities; and other data which he/she deems pertinent. The report shall be submitted to the council on or before June 30th of each calendar year.

(Prior code § 45-2012)

Reference is hereby made to California Vehicle Code Division 11, Chapter 1, Article 4, relating to laws applicable to bicycle use and equipment, and by such reference and all statutes relating to the operation of bicycles are hereby incorporated into this chapter. Every person operating a bicycle on a roadway has all the rights and is subject to all the duties applicable to the driver of a motor vehicle by the laws of this state or by the ordinances which by their nature can have no application, and except as otherwise provided in this chapter.

(Prior code § 45-6000)

No person shall ride a bicycle, skateboard, skates or roller blades upon a sidewalk within the central business district as described in this chapter (except as to the south side of Lewis Street and the west side of California Street), nor shall any person ride upon any other sidewalk within this city which has been posted or painted with signs prohibiting such riding.

(Ord. 94-03, 1994: Ord. 455 (part), 1986: prior code § 45-6001)

The council may authorize the temporary closing of a portion of any highway within the city pursuant to State Vehicle Code, Section 21101(e) for the purpose of allowing a bicycle racing event.

(Prior code § 45-6002)

No person shall park a bicycle within the central business district as described by this chapter except at locations provided for the parking of bicycles and posted authorized bicycle parking, nor shall any person park a bicycle at any location within the city which has been posted with signs prohibiting such parking.

(Prior code § 45-6003)

Any violation of this chapter shall be an infraction and except as is herein otherwise specifically provided, a violation shall be punishable in accordance with Section 36.900 of the Government Code of the State of California.

(Prior code § 45-7000)