Modesto Municipal Code Ch. 3 Bicycles

"Bicycle" for the purpose of this chapter 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.

(Ord. 1249-C.S., amended by Ord. 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)

A violation of any provision of this chapter shall be punishable as an infraction as set forth in Section 1-2.01 of this Code, except where provisions of this chapter specifically make such violation a misdemeanor.

(Added by Ord. 1687-C.S., § 2, effective 1-7-78)

(a) It shall be unlawful for any person to operate a bicycle upon any streets, alleys or public ways of the City unless the bicycle is licensed pursuant to the provisions of this chapter and Chapter 16.7 of the California Vehicle Code, except that a person who is not a resident of the City may operate in the City a bicycle that is currently registered in another jurisdiction pursuant to the provisions of Division 16.7 of the California Vehicle Code without obtaining a license for such bicycle hereunder.

(b) It shall be unlawful for a person engaged in the business of selling new or used bicycles at retail to sell a new or used bicycle within the City unless prior to the completion of such sale the bicycle is licensed pursuant to the provisions of this chapter in the name of the purchaser or prospective user of such bicycle. Said prohibition of unlicensed sales shall not apply to the following:

(1) Sales to nonresidents or for outside the City use provided the purchaser executes a declaration form furnished or approved by the Chief of Police stating the residence address outside the City of the purchaser or prospective user.

(2) Sales to persons engaged in the business of buying and selling bicycles.

(Ord. 520-N.S., amended by Ord. 567-N.S., Ord. 423-C.S., Ord. 534-C.S., Ord. 1083-C.S., Ord. 1249-C.S., Ord. 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)

All persons engaged in the business of selling new or used bicycles at retail in the City who are licensed by the City to engage in such business are hereby authorized to issue bicycle licenses on behalf of the City pursuant to rules and regulations issued by the Chief of Police.

(Ord. 520-N.S., amended by Ord. 534-C.S., Ord. 1083-C.S., Ord. 1249-C.S., Ord. 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)

All persons engaged in the business of buying used bicycles in the City are hereby required to make a daily report to the Police Department giving the name and address of the person from whom each bicycle is purchased, the description of each such bicycle, the frame number thereof, and the number of the bicycle license thereof, if any. The purchaser shall verify the name and address of the seller to be shown on such report by requiring the seller to display to him a driver's license or other written evidence of identity. It shall be unlawful for any such seller to display to any such purchaser any driver's license or other written evidence of identity that is false as to the name or address of such seller.

(Ord. 520-N.S., amended by Ord. 1083-C.S., Ord. 1249-C.S., Ord. 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)

Each person engaged in the business of selling new or used bicycles at retail in the City shall supply to each purchaser of a bicycle a record of the following information: Name of retailer, address of retailer, year and make of the bicycle and the serial number of the bicycle.

(Ord. 520-N.S., 1249-C.S., 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)

(a) Bicycle license and renewal indicia shall be obtained by the City of Modesto from the Department of Motor Vehicles of the State of California pursuant to the provisions of Division 16.7 of the California Vehicle Code. Registration cards shall be in a form approved by the Chief of Police.

(b) A bicycle license shall be affixed to the frame of each bicycle and a corresponding registration card shall be issued to each licensee upon payment of the fee herein provided for. The license shall remain attached to the bicycle.

(c) The Police Department shall keep a record of the date of issue of each license, license number, name of licensee, address of licensee, serial number of bicycle, make of bicycle, type of bicycle, and model of bicycle.

(d) A bicycle license renewal shall be affixed to the frame of a bicycle near the bicycle license.

(Ord. 520-N.S., amended by Ord. 1083-C.S., Ord. 1249-C.S., Ord. 1469-C.S., and Ord. 1970-C.S., effective 12-15-75, operative 9-20-75)

(a) Bicycle licenses issued pursuant to the provisions of this chapter on and after September 20, 1975, shall expire on the expiration date established for said license by the Director of the Department of Motor Vehicles of the State of California pursuant to the provisions of Division 16.7 of the California Vehicle Code.

(b) Bicycle licenses issued pursuant to the provisions of this chapter on and after September 20, 1975, may be renewed for periods of time established by the Director of the Department of Motor Vehicles of the State of California pursuant to the provisions of Division 16.7 of the California Vehicle Code.

(c) All bicycle licenses issued by the City of Modesto prior to September 20, 1975, shall be valid until December 31, 1978, or until the bicycle is transferred, whichever occurs first.

(Ord. 520-N.S., amended by Ord. 534-C.S., Ord. 1249-C.S., Ord. 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)

(a) Whenever the owner of a bicycle, licensed pursuant to the provisions of this chapter, sells or otherwise disposes of the bicycle, the owner shall, within ten (10) days of the time of such sale or disposition, notify the Police Department thereof.

(b) Any person who purchases or otherwise acquires possession of a bicycle licensed pursuant to the provisions of this chapter shall, within ten (10) days of taking possession thereof, apply to the Police Department for the transfer of the license to his name.

(c) Whenever the owner of a bicycle licensed pursuant to the provisions of this chapter changes his address, the owner shall, within ten (10) days of the time of such change of address, notify the Police Department of the old and new addresses.

(Ord. 1469-C.S., and 1470-C.S., effective 12-15-75, operative 9-20-75)

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 chapter. It shall be unlawful for any person to remove, destroy, mutilate or alter any license or registration card during the time when such license or registration card is operative. Provided, however, that nothing in this chapter shall prohibit the stamping of numbers on the frames of bicycles on which no serial number can be found, or on which said number is illegible or insufficient for identification purposes.

(Ord. 520-N.S., amended by Ord. 1083-C.S., Ord. 1249-C.S., Ord. 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)

(a) The fee for each bicycle license issued pursuant to the provisions of this chapter shall be One and no/100ths ($1.00) Dollar per calendar year or any portion thereof and shall be paid in advance when a license is issued.

(b) The fee for the renewal of a bicycle license issued pursuant to the provisions of this chapter shall be One and no/100ths ($1.00) Dollar per calendar year or any portion thereof and shall be paid in advance when a renewal is issued.

(c) The fee for the transfer of any license issued pursuant to the provisions of this chapter shall be One and no/100ths ($1.00) Dollar and shall be paid in advance when a license is transferred.

(Ord. 520-N.S., amended by Ord. 534-C.S., 1249-C.S., Ord. 1276-C.S., Ord. 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)

(a) Notwithstanding any other provisions of this Code, no fine imposed for any violation of this chapter shall exceed the sum of Five and no/100ths ($5.00) Dollars.

(b) In addition to any other penalty provided by this Code, the Police Department or any of the members thereof may impound and retain possession of any bicycle operated in violation of the provisions of this chapter, and retain possession of the same until the license provided for herein is obtained by the owner of said bicycle.

(c) In addition to any other penalties provided by this Code, the Chief of Police is hereby granted authority to suspend for a period of not to exceed thirty (30) days the registration card and license for any bicycle which is operated by the owner or rider thereof in violation or contrary to any law of the State of California or any ordinance of the City of Modesto, during which time the Chief of Police may take possession of and impound said 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 Police Department.

(d) In addition to any other penalties provided by this Code, the Chief of Police is hereby authorized to require any minor less than sixteen (16) years of age who operates a bicycle in violation of any of the Provisions of this Code, or of the California 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.

(Ord. 1249-C.S., amended by Ord. 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)

A bicycle which is licensed pursuant to this chapter may be operated upon all the streets, alleys and public ways of the city, except that no bicycle shall be operated on the sidewalk area in any business district as defined in the California Vehicle Code.

(Ord. 520-N.S., amended by Ord. 534-C.S., Ord. 1156-C.S., Ord. 1249-C.S., Ord. 1469-C.S., and Ord. 1470-C.S., effective 12-15-75, operative 9-20-75)