Stanton Municipal Code Ch. 9.14 Prohibition on Repairs and Sales of Bicycles and Bicycle Parts on Public…

A. Except where otherwise stated in this chapter, no person shall assemble, disassemble, sell, offer to sell, distribute, offer to distribute, or store the following items on any street, sidewalk, alley, public passageway, public right-of-way, public park, or other public property within the city:

1. Two or more bicycles;

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

3. One or more bicycles with missing parts (the term "part" shall mean, without limitation, a handlebar, wheel, fork, pedal, crank, seat, chain, or other items or components that are attached to a bicycle that are necessary for its operation); or

4. Two or more bicycle parts that are not attached to a bicycle.

B. For purposes of this chapter, "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.

C. For purposes of this chapter a person who was riding their bicycle and who has dismounted the bicycle on any street, sidewalk, alley, public passageway, public right-of-way, public park, or other public property within the city for the purpose of repairing a tire or chain or other mechanism to render the bicycle operative shall not be in violation of this chapter.

(Ord. 1157, 12/10/2024)

The prohibition contained in Section 9.14.010 of this chapter shall not apply in any of the following situations:

A. An individual who is operating under a valid city of Stanton license or permit authorizing such activities.

B. The owner or lawful possessor of a bicycle or bicycle part(s) who is present during the repair of their single bicycle or bicycle part, with valid documentation, proof, or supporting evidence to verify that they are in lawful possession of the bicycle or bicycle part(s). Supporting evidence for a claim of lawful ownership 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. Video or photographic evidence demonstrating ownership.

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

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

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

(Ord. 1157, 12/10/2024)

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. 1157, 12/10/2024)

It is unlawful for any person to tamper with, destroy, mutilate, or alter any license indicia or registration form, or to remove, alter, or mutilate the serial number, or the identifying marks of a licensing agency's identifying symbol, on any bicycle frame licensed under this division.

(Ord. 1157, 12/10/2024)

It is unlawful for any person to leave a bicycle on its side on any sidewalk, or shall park a bicycle on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic or ADA access.

(Ord. 1157, 12/10/2024)

A. Impound means to seize or take custody of a bicycle or any bicycle parts (collectively "items") because of a violation of any applicable law or regulation.

B. Impoundment Authorization. Any city official, including a code compliance officer or inspector, law enforcement officer, firefighter, fire prevention specialist, or examiner may impound a bicycle or any bicycle parts used in violation of this chapter.

C. The city shall provide the person from whom the items were taken at the time of impound with a receipt and instructions for retrieval of the impounded items. The receipt and instructions shall be given to the person from whom the items were taken at the time of impound.

D. Impounded items will be released to the owner provided that proper proof of ownership is presented, and the city receives payment in full of all administrative costs incurred as a result of the violation. Any unclaimed items will be considered abandoned and forfeited to the city after 60 days following impoundment. Pursuant to state law, the city shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.

E. An individual may, within 21 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before a hearing officer in accordance with § 1.12.100 and, if successful in their appeal, the individual may have their items returned, impound fee refunded, and shall not be required to pay the impound fee(s).

F. An individual may recover impounded items upon paying applicable impound fees and demonstrating proper proof of ownership of the items.

G. The city council may adopt by ordinance or resolution impound fees, which shall reflect the city's personnel, enforcement, investigation, storage, disposal, and impound costs.

H. The city manager is authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter.

(Ord. 1157, 12/10/2024)

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 Stanton Municipal Code. Each and every bicycle or bicycle part(s) unlawfully possessed is a separate violation of this chapter.

B. It is unlawful and an infraction 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. 1157, 12/10/2024)

If any section, subsection, sentence, clause, phrase, or word of this Chapter 9.14, 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. 1157, 12/10/2024)