San Bernardino Municipal Code Ch. 10.48 Bicycles

Section

Cross-reference:

For additional regulations on bicycles, see Chapter 10.24

Statutory reference:

For provisions on bicycle licensing, see Cal. Vehicle Code, §§ 39000 et seq.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BICYCLE. Any device upon which a person may ride and which is propelled by human power through a system of belts, chains or gears having either two or three wheels (one of which is at least 20 inches in diameter, in tandem or tricycle arrangement) or having a frame size of at least 14 inches.

BICYCLE DEALER. Any person, firm, partnership or corporation which is engaged, wholly or partly, in giving away or in the business of selling at retail, bicycles, or buying or taking in trade bicycles for purposes of resale, selling or offering for sale at retail, or otherwise dealing at retail in bicycles, which bicycles number more than five in any one calendar year, 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. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. 3795, passed 1-9-1979)

It is unlawful for any person to operate any bicycle 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. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. MC-460, passed 5-15-1985)

(A) Pursuant to the Cal. Vehicle Code, Division 16.7, the City Police Department shall obtain registration forms and original bicycle license indicia and renewal license supplementary adhesive devices from the State Department of Motor Vehicles and, upon written application by prospective licensees to the Police Department, bicycle retailers and dealers and other designated agents, bicycle license indicia and renewal license devices shall be issued in accordance with the provisions of this chapter.

(B) (1) All original licenses issued prior to December 31, 1978, expired on December 31, 1978. All original licenses issued on or after January 1, 1979 shall expire on December 31 of the second year following the year of issuance. All renewal licenses are due on January 1 next following the expiration of the prior license, and shall expire on December 31 of the third year following expiration of the prior license. License fees shall be established by resolution.

(2) Original license fees are due and payable on the purchase date of the bicycle, and are delinquent if not paid within 30 days after such date. Renewal license fees are due and payable on January 1 of the applicable year, and are delinquent if not paid by February 15 of that year; provided that the delinquency date for the calendar year 1979 shall be February 23, 1979. A penalty as established by resolution shall be added to each delinquent license.

(3) The renewal of each license shall be indicated by a renewal adhesive device, showing the expiration date, affixed parallel to and above or below the license indicia. Renewal devices in succeeding years shall be of different colors.

(C) The bicycle license, when issued for a bicycle, shall be the authority for the 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 the bicycle during the effective period of the license plate and renewal plate.

(Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. 3795, passed 1-9-1979)

(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 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 under this chapter to report such sale or transfer by notifying the Police Department of such transfer or disposition together with the name and address of the person to whom the bicycle was sold or transferred, and such report shall be made within ten days of the date of the sale or transfer.

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

(E) Whenever the owner of a bicycle licensed under this chapter changes his or her address, he or she shall, within ten days, notify the Police Department of the old and new address.

(Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. 3795, passed 1-9-1979)

It is unlawful for any person, firm or corporation to willfully and maliciously remove, destroy, mutilate or alter the number on 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 Police Department from stamping numbers and symbols on the frames of bicycles on which no serial number can be found, or on which the number is illegible or insufficient for identification purposes.

(Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975)

(A) 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 State Department of Motor Vehicles, printing costs for report forms or reimbursement costs to bicycle dealers or other designated agents for services rendered.

(B) 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 Mayor and City Council.

(Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975)

The Police Department 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. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975)

The Chief of Police is authorized to provide facilities for the receipt of applications and issuing of licenses at locations in the city, elsewhere than the Police Department in the Hall of Justice, and to provide due publicity regarding the establishment of official license issuing locations.

(Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975)

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 Cal. Penal Code, § 836.5 and Part 2, Title 3, Chapter 5C (§§ 853.6 et seq.).

(Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975)

Every person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975; Ord. MC-460, passed 5-15-1985)

In addition to the penalty set forth in § 10.48.100, members of the City Police Department, 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 the bicycle.

(Ord. 1950, passed 7-22-1952; Ord. 3488, passed 3-19-1975)