San Clemente Municipal Code Ch. 10.54 Repairs, Sales, and Storage of Bicycles on Public Property Prohibited

Subject to Section 10.54.020 (Exceptions), no person shall repair, assemble, disassemble, sell, offer to sell, rent, offer to rent, distribute, offer to distribute, or store the following items on any public street, sidewalk, alley, public passageway, public right-of-way, public beach, public park, or any other property owned, operated or managed by the City of San Clemente:

A. .....A bicycle frame with the gear cables or brake cables cut;

B. .....Three or more bicycles and/or bicycle frames, with or without missing parts (the term "parts" shall mean handles, handlebars, wheels, forks, pedals, cranks, seats, or chains); or

C. .....Five or more bicycle parts that are not attached to a bicycle.

(Ord. No. 1732, § 3, 7-19-2022)

The prohibitions set forth in Section 10.54.010 shall not apply to any of the following:

A. .....Activities performed in accordance with a valid license or permit issued by the City of San Clemente.

B. .....The owner or another individual in lawful possession of a bicycle or bicycle part(s) who is present during the repair of his or her single bicycle or bicycle part, with valid documentation, proof, or supporting evidence to verify that he or she is in lawful possession of the bicycle or bicycle part(s). Supporting evidence for a claim of lawful ownership or possession may include, but is not limited to:

1. Bill of sale from the original owner with the signature of the original owner, as well as the name, address, and telephone number of the original owner.

2. Rental agreement or receipt.

3. Video or photographic evidence demonstrating ownership.

4. Whether the bicycle or any bicycle parts retain their original serial number (as opposed to being filed off, for example).

5. Bicycle registration bearing the name and address of the individual claiming to be the owner or lawful possessor of the bicycle.

6. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the bicycle or bicycle parts.

7. Credible testimony or facts and circumstances that would objective indicate that the individual is the lawful owner or possessor of the bicycle or bicycle parts.

(Ord. No. 1732, § 3, 7-19-2022)

It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation, proof, or other supporting evidence intended to show valid proof of ownership or possession of a bicycle or bicycle part(s).

(Ord. No. 1732, § 3, 7-19-2022)

A. .....Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the San Clemente Municipal Code. Each and every bicycle or bicycle part(s) unlawfully possessed is a separate violation of this chapter.

B. .....It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.10 of Title 1 of this code, for any person to violate any provision of this chapter.

C. .....The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.

(Ord. No. 1732, § 3, 7-19-2022)

If any section, subsection, sentence, clause, phrase, or word of this chapter 10.54, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability.

(Ord. No. 1732, § 3, 7-19-2022)