Richmond Municipal Code Ch. 7.12 Bicycles and Bicycle Establishments

As used herein:

(1) "Bicycle" means and indicates a light vehicle without a motor, having two wheels, handlebars and a seat or seats, and propelled by the operator.

(2) "Chief" means the chief of police or his authorized representative.

It is unlawful for any resident of the city to operate or use a bicycle within the city unless such bicycle has been licensed and is equipped as provided in this chapter.

(Added by Ord. No. 17-76 N.S.)

Every person desiring a bicycle license in the city shall make an application on forms supplied by the chief. Said application must be filed in duplicate with the police department and shall contain such information as may be required by the chief as to the applicant and the description of the bicycle licensed. No license shall be issued unless the bicycle to be licensed complies with the requirements of this chapter as to its safe mechanical condition.

(Added by Ord. No. 17-76 N.S.)

(a) The chief shall issue, upon completion of the application for license and payment of a license fee, a California bicycle license to the licensee for the term designated by the Department of Motor Vehicles. A fee shall be paid in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained for the issuance of an initial license; provided, that the owner of any new bicycle shall not have to pay the initial license fee if the bicycle is licensed within 30 days of the date of the initial purchase of said bicycle. Upon renewal of the license, the licensee shall pay a fee in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained and shall receive a supplemental sticker. The number of any renewal license shall be the same as that of the original license.

(b) The chief may authorize bicycle establishments, as defined in Section 7.12.120, to license bicycles on his behalf. Every bicycle establishment desiring to license bicycles pursuant to this chapter shall apply to the chief. Upon approval by the chief, the bicycle establishment shall be permitted to issue, upon completion of the application for license and payment of the license fee, California bicycle licenses to licensees. The chief shall supply to the bicycle establishment application forms and license tabs. As compensation for the time and expense in licensing the bicycle, the bicycle establishment shall retain one-half of any original license fee and all of the fee for renewal of a license. The bicycle establishment shall keep records of all bicycles licensed, which shall be subject to review by the chief at any time, and shall submit the completed application and appropriate license fee, if any, to the chief on a monthly basis. Participating bicycle establishments must accept all applications for licenses whether or not the bicycle was sold or serviced by that establishment. A bicycle establishment's authority to issue licenses may be revoked by the chief after written notice and hearing if the establishment loses its operating license or for other good cause.

(Ordinance No. 17-76 N.S. amended by Ordinance No. 9-03 N.S.)

Any bicycle which has not been licensed, in violation of the provisions of this chapter, may be taken into possession by direction of the chief and may be impounded by the police department until such time as the owner thereof obtains a license as requited in this chapter. The owner of any bicycle impounded under this section shall be subject to a fine in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained, which will be in addition to the licensing fee.

(Ordinance No. 17-76 N.S. amended by Ordinance No. 9-03 N.S.)

Upon loss of the license tab, the licensee shall report the loss to the police department within ten days. Upon receipt of the report, the chief shall issue a duplicate tab upon the payment of fee in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained.

(Ordinance No. 17-76 N.S. amended by Ordinance No. 9-03 N.S.)

It shall be the duty of the chief or the bicycle establishment to cause to be attached to the frame of the bicycle just below the seat the California bicycle license tab.

A number shall be permanently stamped into the frame of the bicycle on the underside of the sprocket housing and shall be referred to as the registration number. The registration number shall be unique to the city and shall have the letters "RHD" prefacing the license number.

(Added by Ord. No. 17-76 N.S.)

It is unlawful for any person to wilfully or maliciously remove, cover, destroy, mutilate, or alter any license tab, manufacturer's serial number, or the registration numbers stamped into the frame of the bicycle. Any bicycle whose license tab or registration numbers have been damaged, removed, or covered, to the extent said license tab or registration numbers are not legible, may be impounded by the police department.

(Added by Ord. No. 17-76 N.S.)

(a) It is unlawful for any person to purchase, sell, transfer or receive any used bicycle or used bicycle frame within the city unless said bicycle or bicycle frame has been licensed in accordance with the provisions of this chapter. Any person violating this section shall have the burden of proving ownership of the bicycle or bicycle frame upon request of the police department or said bicycle or bicycle frame may be impounded.

(b) No bicycle or bicycle frame shall be sold or removed from the city dump unless said bicycle or bicycle frame has been examined and cleared by the police department's bicycle bureau.

(Added by Ord. No. 17-76 N.S.)

(a) It shall be the duty of every person who sells or transfers ownership of any bicycle, licensed under this chapter, to report such sale or transfer by submitting to the chief the name and address of the person to whom said bicycle is sold or transferred, and such report shall be made within ten days of the date of said sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of license thereof within ten days of the date of said sale or transfer.

(b) Whenever the owner of a bicycle licensed pursuant to this code changes his address, he shall within ten days notify the chief of the old and new address.

(c) Bicycle establishments, as defined in Section 7.12.120 shall be exempted from the requirements of this section.

(Added by Ord. No. 17-76 N.S.)

Any person who violates or fails to comply with the provisions of Sections 7.12.020 through 7.12.075 shall be subject to a fine of not more than $5.00.

(Added by Ord. No. 17-76 N.S.)

The amount of any license fee or other fee charged under in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained shall constitute a debt to the city, and any person who has failed to pay such fee shall be subject to an action in the name of the city in any court of competent jurisdiction.

(Ordinance No. 17-76 N.S. amended by Ordinance No. 9-03 N.S.)

Every person desiring a bicycle registration must demonstrate to the chief that the bicycle for which said applicant desires to secure registration meets the following requirements as to safe mechanical condition:

(1) Brakes. Every bicycle shall be equipped with a brake adequate to skid the front or rear tire of said bicycle upon application of said brake.

(2) Warning Devices. Every bicycle shall be equipped with a horn or bell in good working order, capable of emitting sound audible for a distance of not less than 100 feet under normal conditions.

(3) Sirens and Whistles. It is unlawful to equip a bicycle with a siren or whistle.

(4) Handlebar Grips. Every bicycle that is equipped with handlebar grips must have said grips securely glued or cemented to the handlebars.

(5) Carriers. Every bicycle equipped with a carrier must have the carrier securely attached to the bicycle, and the carrier must be of a type approved by the chief.

(6) Stand. Every bicycle purchased after the effective date of this chapter, if equipped with a stand, such stand must be of a type approved by the chief.

(7) Lights. Every bicycle operated at any time from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible any person or vehicle on the streets or sidewalks shall be equipped with a lamp affixed to the front of the bicycle. The lamp shall exhibit a white light visible for a distance of 300 feet from the front of the bicycle. The bicycle shall be equipped with a red lamp affixed to the rear fender which lamp shall exhibit a red light visible for a distance of 300 feet from the rear of the bicycle; provided, however, that a red reflector of a type approved by the chief, may be used in lieu of the rear lamp.

It is unlawful for any person to ride or operate a bicycle in the city unless the bicycle is equipped and in safe mechanical condition as provided in Section 7.12.090.

It is unlawful for any person to ride or operate a bicycle in the city in violation of any of the rules of the road as set forth in this section, as follows:

(a) RIDING ON SIDEWALK. No person shall ride or operate a bicycle on any sidewalk in the city, except as herein specifically permitted.

(b) JUVENILES RIDING ON SIDEWALK. Juveniles under the age of 18 years, exercising due care, may ride and operate their bicycles upon the sidewalk, except such sidewalks as are in front of stores or other buildings used for business purposes.

(c) KEEP TO RIGHT OF ROADWAY. Persons riding or operating bicycles on a highway or street shall keep the bicycles as close to the right-hand curb as possible, except when preparing to make a left-hand turn.

(d) RIDING IN A GROUP. Persons riding or operating bicycles in the city shall not ride more than two abreast, except on paths or parts of a roadway set aside for the exclusive use of bicycles; provided, further, that persons riding bicycles on the sidewalk shall do so in a single file.

(e) CLINGING TO MOVING VEHICLES. No person riding or operating a bicycle in the city shall cling or attach himself or his bicycle to any other moving vehicle or street car, or person in any other vehicle.

(f) PASSENGERS. No person riding or operating a bicycle in the city shall carry another person on the bicycle, unless such person or passenger is seated upon an individual seat or carrier separate from that used by the operator.

No person shall ride upon a bicycle as a passenger, unless he is seated upon an individual seat or carrier separate from that used by the operator.

(g) TOWING. No person riding or operating a bicycle in the city shall tow any other vehicle 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.

(h) CARRYING ARTICLES. No person riding or operating a bicycle in the city shall carry any package, bundle or article which prohibits the rider from having full control of the bicycle at all times.

(i) RACING. No person riding or operating a bicycle upon a public highway or street shall participate in any race, speed or endurance contest unless such race or endurance contest has the written permission of the city manager, under the supervision of the chief.

(j) TRICK RIDING. No person riding or operating a bicycle shall perform or attempt to perform any acrobatic, fancy or stunt riding upon any public highway or street in the city.

(k) TRAFFIC SIGNALS. Every person operating a bicycle in the city shall stop for all arterial highways and traffic signals.

(l) PARKING. No person shall park any bicycle against windows or on the main traveled portion of the sidewalk, nor in such manner as to constitute a hazard to pedestrians, traffic or property.

If there is no bicycle rack, or other facilities intended to be used for the parking of bicycles in the vicinity, bicycles may be parked on the sidewalk in an upright position parallel to and within 24 inches of the curb.

Any person or merchant desiring to construct and erect bicycle racks may do so after obtaining the approval of the chief as to the type of rack and the place where such person or merchant intends to erect such bicycle racks.

(m) SPEED. No person shall ride or operate a bicycle faster than is reasonable and proper, and every bicycle shall be operated with reasonable regard to the safety of the operator and other persons upon the streets, sidewalks and public highways of the city.

(n) PARKS, PLAYGROUNDS AND SCHOOLS. No person shall ride or operate a bicycle upon any playground, park or school ground where children are playing without permission of the person having supervision thereof.

(o) TURNING. Every person riding or operating a bicycle upon the streets and highways of the city shall turn only at intersections except as otherwise provided herein.

(p) RIGHT TURN. Every person riding or operating a bicycle intending to turn to the right, at an intersection or into an alley or driveway shall approach the turning point in the line of traffic nearest the right-hand curb of the street.

(q) LEFT TURN. Every person riding or operating a bicycle intending to turn left at an intersection or to enter an alley or driveway shall approach the point of turning in the line of traffic nearest to the center of the roadway. The operator of a bicycle in turning left at an intersection shall pass to the right of the center of the intersection before turning unless otherwise directed by markers, buttons or signs.

(r) U-TURNS. No bicycle shall be turned in any business district so as to proceed in the opposite direction, except at intersections.

No bicycle operated in a residence district shall be turned so as to proceed in the opposite direction when any other vehicle is approaching from either direction within 200 feet, except at an intersection.

(s) CROSSING. The operator of a bicycle on leaving an alley or driveway, when his view of either the sidewalk or street area is obstructed, shall stop such bicycle immediately prior to riding upon such sidewalk or street area.

(t) MEETING AND PASSING. Every person operating a bicycle shall pass to the left when passing vehicles going in the same direction, and shall pass to the right when meeting vehicles going in the opposite direction.

(u) HAND SIGNALS. No person shall turn a bicycle or stop a bicycle which he is riding or operating unless such movement can be made with safety, and then only after giving an appropriate signal during the last 50 feet travelled by the bicycle before turning or stopping.

(v) METHODS OF GIVING SIGNALS: Left Turn. Every person signalling a left turn shall do so by extending his left hand and arm horizontally beyond the side of the bicycle.

Right Turn. Every person signalling a right turn shall do so by extending his left hand and arm upward beyond the side of the bicycle.

(w) ACCIDENTS. The operator of any bicycle involved in an accident shall take reasonable steps to ascertain whether or not anyone was injured, and he shall give his name, address and the license number of his bicycle to the person with whom he was in collision; and he shall obtain the same information from the other person.

It shall be the duty of the bicycle operator to make a written report of any accident resulting in death or injury to the police department within 24 hours of such accident.

"Bicycle establishment" means a business operated by any person wherein used bicycles or bicycle parts are purchased, sold, exchanged, bartered, repaired, remodeled, dismantled or junked.

No person in the city shall establish, carry on or operate a bicycle establishment, except as authorized by this chapter, and without first obtaining a license from the tax collector of the city.

The application for such license shall be in the applicant's handwriting, and shall set forth the following information: the name, age and residence address of the applicant, if a natural person, or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers with their respective addresses, or if a partnership, association or unincorporated company, the names of the partners or persons comprising the partnership, association or company, with their respective residence addresses.

The application shall be made in duplicate to the chief who shall be responsible for investigation of the applicant's character. After approval of the application by the chief, the applicant shall forward his application with the annual license fee to the tax collector, who, upon receipt of the approved application and fee, shall issue said license.

The annual license fee shall be as provided in Chapter 7.04, which shall be paid in advance at the time of filing the approved application.

Any person having a valid automobile appliance dealer's license, automobile specialty shop license, junk establishment license, secondhand establishment license, junk dealer's license, secondhand dealer's license may operate a bicycle establishment without payment of the license fee as set forth in Section 7.12.130. They will, however, comply with all other sections of this chapter.

Any person opening a bicycle establishment shall make application for a license not later than five days after beginning such business, and shall renew said application annually thereafter.

No person having a bicycle establishment license, under the provisions of this chapter shall transfer, sell, assign, loan or permit any person to have or use his license or permit.

All persons operating a bicycle establishment are hereby required to make a daily report to the chief upon forms provided for that purpose by the chief giving the true name and address of the person from whom each bicycle part is purchased, description of each bicycle, its frame number and the registration number found thereon, if any. If the bicycle does not have a registration number, the buyer shall require the seller to obtain the approval of the chief to complete such sale or exchange. This report shall be known as the "Second-Hand Buy Report," and shall be in triplicate. The original shall be mailed or delivered to the chief on date of purchase, the duplicate shall be given to the seller, and the triplicate shall remain with the dealer. It shall be the duty of the dealer to mail or deliver to the chief all reports daily at the close of each day's business.

All persons operating a bicycle establishment shall make a daily report to the chief of police, upon forms provided for that purpose by the chief, of all sales made, including the name and address of each person to whom a bicycle is sold, together with the make, frame number and registration number attached thereto. These reports shall be known as the "Sales Reports," and shall be made in triplicate, the original forwarded daily to the chief, the duplicate shall be given to the purchaser, and the triplicate retained by the dealer.

Upon receipt of the reports set forth in Sections 7.12.190 and 7.12.200, the chief shall check them to determine if the purchase or sale is recorded in the police department, and that the sale or purchase is approved, and make proper record of such transfer of ownership. Should the new owner fail to apply for registration, the chief shall notify the new owner to do so.

No person operating a bicycle establishment shall take in exchange, receive any goods, article or bicycle part or bicycle from any person under the age of 18 years, or from any person under the influence of intoxicating liquor.

No person operating a bicycle establishment shall alter, repair or dispose of any bicycle or bicycle part purchased or taken in exchange, as a secondhand bicycle or bicycle part thereof until after the expiration of 30 days from the date of purchase or exchange. During those 30 days the bicycle or bicycle part so obtained shall remain without alteration on the premises in respect to which the license is issued, and be kept separate from bicycle or bicycle parts previously purchased, and shall be subject to inspection at any time during business hours by the chief or any police officer or other person designated by the chief.

The chief shall furnish free of charge to every person operating a bicycle establishment a book known as the "Bicycle Register," in which shall be entered in plain and legible handwriting a record of all bicycles or bicycle parts purchased or taken in exchange. The entry must be made at the time of purchase or immediately thereafter and shall include, in addition to the date and hour of purchase, a full description of the bicycle or bicycle part, the price paid therefor, and the name, address, age, height, weight and complexion of the seller. In entering the description of the bicycle, the name of the manufacturer and the factory serial number thereof shall in every case be recorded if known or if it can be ascertained.

The operator of a bicycle establishment shall also enter in the bicycle register a record showing the disposition of each bicycle purchased, indicating whether such bicycle was resold or dismantled.

The operator of a bicycle establishment shall keep the bicycle register in a safe place, and see that it is not mutilated or destroyed. The bicycle register shall remain the property of the city and shall at all times be open to inspection by the chief or any police officer, and it may be taken by such police officer from the possession of the operator of a bicycle establishment, if deemed necessary.

Bicycle establishment licenses issued pursuant to this chapter may be revoked by the city manager after notice and hearing for any of the following reasons:

(1) Fraud, misrepresentation, or any false statement contained in the application for a license;

(2) Any violation of any provision of this chapter, or any provision of any other chapter or law relating to and regulating the bicycle establishment;

(3) Conviction of the licensee of any felony, or crime involving moral turpitude;

(4) Conducting the business in an unlawful manner or in such manner as to constitute a breach of the peace, or to be a menace to the health, safety or general welfare of the people of the city.

Notice of the hearing for revocation of a license shall be given in writing stating the grounds of the complaint and the time and place of hearing. Such notice shall be mailed postage prepaid to the licensee at the address given on the application for the license at least five days prior to the date set for the hearing.

Any person aggrieved by the decision of the city manager shall have the right to appeal to the city council. Such appeal shall be taken by filing with the city clerk a written statement of the grounds for the appeal within 14 days after receiving notice of the decision of the city manager.

The council shall set the time and place for hearing such appeal and notice of such time shall be given by the city clerk in the manner provided in this section for notice of hearing for revocation by the city manager.

No license to operate bicycle establishments shall be issued to any person who has had such a license revoked pursuant to this chapter except on the applicant's applying to the city council and the council authorizing the issuance of the license.

The amount of any license fee imposed in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained shall constitute a debt to the city and any person operating a bicycle establishment without having a license from the city shall be subject to an action in the name of the city in any court of competent jurisdiction for the amount of the license fee imposed in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained.

(Amended by Ordinance No. 9-03 N.S.)

All persons engaged in operating a bicycle rental agency for the purpose of renting or lending bicycles to patrons shall license all bicycles so used as in accordance with Chapter 7.04 of this article or any amendment or revision thereof hereafter ordained.

(Amended by Ord. Nos. 17-76 N.S. and 9-03 N.S.)

Upon dismantling or disposing of bicycles as junk, the licensed owner shall within ten days notify the chief of such action.

(Amended by Ord. No. 17-76 N.S.)

No person shall buy, sell, receive, dispose of or conceal any bicycle or bicycle equipment from which the manufacturer's nameplate, serial number or any other distinguishing mark has been removed, defaced, covered, altered, or destroyed.

If the serial number of any bicycle is obliterated or defaced, and the possessor has satisfactory proof of ownership, the chief is authorized to place a police department serial number thereon.

All abandoned bicycles and unidentified bicycles remaining in the hands of the chief shall, at the end of three months, be sold at auction; except, that unidentified bicycles that are in the hands of the chief prior to November 8, 1971, and remaining in the hands of the chief shall, at the end of six months, be sold at auction.

(Amended by Ord. No. 24-71 N.S.)

Where this chapter has been violated by juveniles under the age of 18 years, in lieu of such fine and imprisonment as provided in this code, and in lieu of filing charges in the juvenile court, the chief may prohibit the operation upon the streets, alleys, and public places in the city for a period not to exceed 30 days of a bicycle so used in such violation, in which event the bicycle so used in such violation shall be impounded by the chief and retained by him during the period of the operation which is prohibited.

(Amended by 17-76 N.S.)

(Source: Ord. 329 N.S.)