Rialto Municipal Code Ch. 10.56 Bicycles

Footnotes:

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For statutory provisions regarding local regulations of bicycles. see Veh. Code § 21206; for the provisions regarding bicycles in general. See Veh. Code § 21200 et seq.

A. "Bicycle," for the purposes of this chapter, means any device upon which a person may ride and which is propelled by human power through a system of belts, chains, or gears, and which has wheels at least twenty inches in diameter and a frame size of at least fourteen inches.

B. "Bicycle dealer," for the purposes of this chapter, means any person, firm, partnership, or corporation which is engaged, wholly or partly, in the business of selling bicycles for purpose of resale, selling, or offering for sale at retail, or otherwise dealing in bicycles at retail, whether or not such bicycles are owned by such person or entity. The term also includes agents or employees of such person or entity.

(Ord. 680 (part), 1975)

No person shall operate any bicycle, on or after the effective date of the ordinance codified in this chapter, on any street, highway or other public property within the jurisdiction of this city unless such bicycle is licensed in accordance with the provisions of this chapter.

(Ord. 680 (part), 1975)

A. Pursuant to Division 16.7 of the California Vehicle Code, the licensing officer of the city shall obtain original bicycle license plates and renewal license plates from the California Department of Motor Vehicles and upon written application by prospective licensees to the licensing office, bicycle dealers, or other designated agents, said bicycle license plates and renewal licenses shall be issued in accordance with the provisions of this chapter.

B. License fees shall be due and payable on September 18, for the calendar year 1975 and on the first day of January of each calendar year thereafter in the amounts as shown in the above table and shall become delinquent if not paid by the fifteenth day of February of each year or within thirty days of the purchase date during such year, whichever is later, provided that the delinquency date for the calendar year 1975 shall be waived. A penalty of one dollar shall be added to each delinquent license. Commencing December 31, 1978, all renewal license plates shall be issued for a three-year period. The fees are set from time to time by resolution of the city council.

C. Said bicycle license, when issued for a bicycle, shall be authority for said bicycle to be operated on any street, road, highway or public property within the jurisdiction of the city, except on the sidewalks thereof or other public property prohibited from bicycle use.

D. Each license plate shall bear a unique license number and shall be permanently assigned to a bicycle.

E. The original license plate and any renewal license plate shall be affixed or impressed upon any bicycle so licensed and neither the original license plate or any renewal license plate shall be removed from said bicycle during the effective period of said license plate and renewal plate.

(Ord. 1234 (part), 1995: Ord. 680 (part), 1975)

A. Every person, firm or corporation engaged in the wholesale or retail business of buying or selling new or previously owned bicycles shall prepare and submit, in writing, a daily report to the licensing officer of the city, specifying:

1. The name and address of the person from whom each previously owned bicycle was purchased;

2. The serial number, make, type, model and license number of each previously owned bicycle;

3. A general description of each such previously owned bicycle, including the year and make thereof.

B. Commencing on the first Monday following the adoption of the ordinance codified in this chapter and on the first Monday of each month thereafter, every person, firm or corporation buying or selling new or previously owned bicycles shall prepare and submit, in writing, monthly reports to the licensing officer of the city, specifying:

1. The name and address of the person to whom each bicycle was transferred or sold;

2. The serial number, make, type, model and license number, if any, of each such bicycle;

3. A general description of each such bicycle, including the year and make thereof.

If said Monday falls on a holiday, the monthly report shall be submitted on the next following regular business day.

(Ord. 680 (part), 1975)

A. No bicycle dealer shall sell any new bicycle in the city unless such bicycle has permanently stamped or cast on its frame a serial number unique to the particular bicycle of each manufacturer. Serial numbers shall be stamped or cast in the head of the frame, either side of the seat down the post tube, or the bottom sprocket bracket.

B. Each bicycle dealer shall supply to each purchaser of a new or previously owned bicycle a record of the following information: name of dealer, address of dealer, year and make of bicycle and serial number of bicycle.

C. It shall be the duty of every person who sells, transfers ownership, or otherwise disposes of any bicycle licensed hereunder to report such sale or transfer by notifying the licensing officer of such transfer or disposition together with the name and address of the person to whom said bicycle was sold or transferred, and said report shall be made within ten days of the date of said sale or transfer.

D. It shall be the duty of the purchaser or transferee of such bicycle to apply to the licensing officer for a transfer of license registration therefor, within ten days of such sale or transfer.

E. Whenever the owner of a bicycle licensed hereunder changes his/her address, he/she shall, within ten days, notify the licensing officer of the old and new address.

F. A fee established by city council resolution shall be charged a purchaser or transferee for each such transfer.

(Ord. 1234 (part), 1995: Ord. 680 (part), 1975)

It is unlawful for any person, firm or corporation to wilfully and maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this chapter or possess such bicycle frame with knowledge that its number has been so removed, destroyed, mutilated or altered. It is also unlawful for any person to remove, destroy, mutilate or alter any license plate, seal or registration certificate during the time in which such license plate, seal or registration card is operative; provided however, that nothing in this chapter shall prohibit the licensing officer from stamping numbers and symbols on the frame of bicycles on which no serial number can be found, or on which said number is illegible or insufficient for identification.

(Ord. 680 (part), 1975)

Revenues from license fees shall be used for the support of this chapter which shall include but not be limited to the purchase of original and renewal bicycle license plates from the California Department of Motor Vehicles, printing costs for report forms or reimbursement costs to bicycle dealers or other designated agents for services rendered.

In addition, such revenues shall be used to improve bicycle safety programs and establish bicycle facilities, including bicycle paths and lanes within the limits of the city, except that other bicycle license fee revenues which, prior to the effective date of the ordinance codified in this chapter, were used for other purposes may continue to be used for the same purposes for a period not to exceed one year from September 20, 1974, with the approval of the city council.

(Ord. 680 (part), 1975)

The licensing officer shall maintain records of each bicycle registered or transferred. Such records shall include but not be limited to the license number, the serial number of the bicycle, the make, type and the model of the bicycle, and the name and address of the licensee. Records shall be maintained during the period of validity of the license or until notification that the bicycle is no longer to be operated.

(Ord. 680 (part), 1975)

Every person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon each such conviction shall be punished by a fine in an amount not to exceed five dollars.

(Ord. 1234 (part), 1995: Ord. 680 (part), 1975)

In addition to the penalty hereinabove set forth, members of the police department of the city, or other authorized personnel, 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 chapter is obtained by the owner of said bicycle.

(Ord. 680 (part), 1975)

The licensing officer is authorized to provide facilities for the receipt of applications and issuing of licenses at locations in the city elsewhere than the civic center and to provide due publicity regarding the establishment of official license-issuing locations.

(Ord. 680 (part), 1975)

Any police officer, reserve police officer, or law enforcement trainee is authorized and empowered to arrest and issue notices to appear pursuant to the provisions of this chapter and Section 836.5 and Chapter 5 C of Part 2 Title 3 (Sections 853.6 et seq.) of the Penal Code of the state.

(Ord. 680 (part), 1975)

If any section, sentence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed and does pass the ordinance codified in this chapter and each section, sentence, clause and phrase therein, irrespective of the fact that any one or more sections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Ord. 680 (part), 1975)