Santa Ana Municipal Code Art. XIII Prohibition on Repair and Sales of Bicycles and Bicycle Parts on Public…

The purpose and intent of this article is to prohibit the repair or sale of bicycles or bicycle parts on public property in the City of Santa Ana in order to protect the public from obstruction of public property occurring as a result of persons utilizing public property, public sidewalks, public parks, and other public areas for the repair, dismantling, and sale of bicycles and bicycle parts. Further, the purpose and intent of this article also includes a desire to decrease bicycle thefts and illegal or black market sales of bicycles and bicycle parts.

(Ord. No. NS-2998, § 1, 12-1-20)

A. Except where otherwise stated in this article, no person shall assemble, disassemble, sell, offer to sell, distribute, offer to distribute or store the following items on any public property within the city:

1. Three (3) or more bicycles;

2. A bicycle frame with the gear cables or brake cables that are inoperable, cut, or missing;

3. Two (2) or more bicycles with missing parts; or

4. Five (5) or more bicycle parts.

B. For purposes of this article, "parts" shall mean handlebars, wheels, forks, pedals, cranks, seats, chains, or any other items or components that are attached to a bicycle that are necessary for its operation.

C. For purposes of the article, "public property" shall mean any city street, sidewalk, alley, public passageway, public right-of-way, public park, or other publicly owned property.

D. For purposes of this article, "bicycle" shall include bicycle as defined in California Vehicle Code section 231 and electric bicycle as defined in California Vehicle Code section 312.5, as these sections are periodically amended.

E. For purposes of this article a person who was riding his or her bicycle and who has dismounted the bicycle on public property for the purpose of repairing a tire or chain or other mechanism to render the bicycle operative shall not be in violation of this article.

(Ord. No. NS-2998, § 1, 12-1-20)

The prohibition contained in section 10-801 shall not apply when:

A. An individual is operating under a valid City of Santa Ana license or permit authorizing such activities.

B. The owner of a bicycle or bicycle part is present during the repair of the owner's single bicycle or bicycle part. Supporting evidence for a claim of lawful ownership may include, but is not limited to, video or photographic evidence, a bill of sale or receipt, the correct serial number or other identifying information unique to the bicycle, bicycle registration, and a bicycle license.

(Ord. No. NS-2998, § 1, 12-1-20)

Every violation of the provisions of this article may be charged as either a misdemeanor or as an infraction in the discretion of the citing officer or city attorney and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this Code. Each day any violation of any said provision of this chapter shall continue shall constitute a separate offense. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. Use of criminal enforcement and/or administrative citations shall not prevent or preclude the city from seeking injunctive relief and civil penalties in court for violations of this article.

(Ord. No. NS-2998, § 1, 12-1-20)