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Home My WebLink AboutAgenda Statement 1975/09/23 Item 14 item 14 September 23, 1975 . � � � 14 " • . CITY OF CHULA VISTA ITEM N0. COUNCIL AGENDA STATEMENT � FORMEETING OF: 9�Z3 �75 ITEMTITLE= Ordinance 1641 - Amending Title 10 , Chapter 10 . 72 in its Entirety of the Chula Vista Municipal Code and Repealing Ordinance No. 1479 All Relating to the Licensing of •Bicycles and Establishment of License Fees SUBMITTED BY City Attorney SECOiV� 6u'tLii`.G F�ivD HDOPIiOi� ITEM EXPLANATION� The bicycle ordinance, introduced on first reading on September 2 , 1975 , established a license of $1. 00 for a five-year period. However, this was in error and is not consistent with the Vehicle Code' which establishes a three-year license period. Any license purchased prior to the effective date of the ordinance would be for a five-year period pursuant to State law. Therefore , it is respectfully requested that the ordinance be placed back on first reading with the error changed from five to three years. EXHIBITS ATTACHED Agreement Resolution Ordinance X Plat Other Environmental Document: Attached Submitted on STAFF RECOMMENDATION: Place Ordinance on First Reading BOARD/COMMISSION RECOMMENDATION� A P P R 0 V E D by the Ci�c� Council oi COUNCIL ACTION� _'_;u�a �ii�ta, California s ��5............... Dated......... ......�._°� ....... ........... 1 � � � Form A-113 (Rev 5-75) 1 G c� � 0��......�� - �/(..:� , � � . • UTY OF CHULA VISTA • ITEM N0. � COUNCIL AGENDA STATEMENT FOR MEETIN6 OF: 9/16/75 ITEMTITLE: Ordinance - Amending Title 10 , Chapter 10 . 72 in its Entirety of the Chula Vista Municipal Code and Repealing Ordinance No. 1479 All Relating to the Licensing of •Bicycles and Establishment of License Fees SUBMITTEO BY City Attorney ITEM EXPLANATION= The bicycle ordinance, introduced on first reading on September 2 , 1975 , established a license of 51. 00 for a five-year period. However , this was in error and is not consistent with the Vehicle Code which establishes a three-year license period. Any license purchased prior to the effective date of the ordinance would be for a five-year period pursuant to State la��. Therefore, it is respectfully requested that the ordinance be placed back on first reading with the error changed from five to three years . EXHIBITS ATTACHED Agreement Resolution Ordinance X Plat Other Enviranmental Document: Attached Submi4ted on STAFP RECOMMENDATION: Place Ordinance on First Readir.g BOARD/CUh9P,11SSI0N RECOfJ�MENDATION� COUNCIL ACTION� j!� �{ ( r.,..., n_Ili (ae�5-751 , /� �. CITY OF CHULA VISTA ITEM N0. ��3� 9i�7� � � COUNCIL AGENDA STATEMENT � FORMEETING OF: 9-Z-�S ITEM TITLE: Ordinance ��0`� ��_ `�'� r_�y � �� ` � ��mending. Tit1e. 10 _Chapt.--10.-72-a-in-==its-Entire� =of—the-C.V. Municipal Code 111� Relating to the Licensing o� Bicycles and Establishment of Lice'r��'ees . �� M1 �,l,� SUBMITTED BY Acting Chief of Police /�� V ITEM EXPLANATION Bicycle thefts are resulting in serious property loss throughout the state. This new legislation will significantly assist law enforcement agencies in their efforts to decrease thefts and return recovered bikes to their rightful owners. Currently many bicycles must be auctioned because of our inability to determine ownership due to a lack of bike license and a failure to have the serial number of the bike entered into the state computer. The new legislation will diminish these shortcomings and result in more bikes being returned to their owners . The most important feature of a licensing program is that it records , with the local Police Department, the serial number of the bike . Then if the bike is stolen, even if the bike. license is removed , it can be traced back to its owner via the serial number. This statewide legislation will aid in returning bikes to their owners that have been stolen in one city and recovered in another. Approximately 70$ of the bikes we recover have been licensed in Chula Vista which is indicative that licensing provides readily accessible records for identifying and recovering stolen bikes. In 1974 , we experienced 727 reported bike thefts at an average of $60 . each. This amounts to an annual property loss of $43 ,620. (Continued) EXHIBITS ATTACHED Agreement Resolution Ordinance x Plat Other Environmental Documen}: Attached Submitted on STAFF RECOMMENDATION: It is the recommendation of the Chief of Police that the adoption of licensing procedures as outlined in Division 16 . 7 of the California Vehicle Code and license fee of $1 . for a �th e year period be established. BOARD/COMMISSION RECOMMENDATION� COUNCIL ACTION� `"� �� ' , "-.." ' '�'v`.c4 �-4d 4� G�� c� � ( ��'�`.�..,' o�` 9/iG �- Form A-113 (Re¢5-75) �age 2; Ordinance Amending Sections 10 . 72 . 010 Through 10 . 72 .060 • � ' .. and adding new Sections 10 . 72 . 200 and 10'. 72 . 210 .to the ' Chula Vista Municipal Code All Reia;ting to the Licensing of Bicycles and Establishment of License Fees (Continued) � Section 39010 , Division 16 . 7 of the California Vehicle Code provides " (a) Any city or county which has a bicycle licensing ordinance or resolution in effect on the effective date of this division, may continue under such ordinance or resolution for a period not exceeding o�e year from the effective date of this division . " (Effective S�ptember 20, 1974) On September 20 , 1975 , our existing licensing ordinance will be invalid unless amended to conform to state law. I � � , Mt � v • G;rr:�n. ED CH�rr.a � :.ti:1 CA • DEPARTAIENTAL CORRESPONDENCE ' M. �"'`• 1 � ;?]S '10l yu� ; ` � �?��ral��a DATE: August 15 , 1975 TO: Lane F . Cole , City [•fanager VIA: Eugene Asmus , Assistant City Manager 1 FROM: William J . Plinters , Chief of Police�,f/«� SUBJECT : State Law/Bicycle Licensing Last Year Assembly Bill 3329 , concerning the subject of bicycle licensing , was enacted . This law was effective September 20 , 1974 . Those cities already having legislation on this subject were given a year to redraft their Ordinance to comply with the state law. This situation was called to the City Council ' s attention during the meeting of December 10 , 1974 . I�t that time the Council decided to table the matter until a later date. In reading tne minutes of that meeting (see Attachment A) it would appear that the City Council was under the impression that they had until January 1 , 1976 to act. However, it is my op�nion ti;at a decision mast be made on cr before September 20 , 1975 , see Attachment B, specifically Section 39010 ;a) . The state law provides that the license fee may be no more than $2 . per year and that a license cannot exceed five years - _ in duration. Our current practice is to license a Uike for � � $1 . and it is valid for the lifetime of the bike unless another person takes ownership of the bike. The current practice of licensing a bicycle on a lifetime ' basis is much simpler to administer than any relicensing plan. If we are going to relicense bikes every year , every - other year , or every five years it will require a significant clerical task . There is a great turnover in bikes , people continually moving in and out of the area , and there �.�ould have to be a coordination between the Police Department and the Finance Office in reference to stolen bikes or cve would be faced with a situation in which we might De asking someone to renew their bike lir_ense when in fact tney have reported their bike stolen to us previously . Recommendation : It is my recommenda�ion that we continue to charge a dollar for a bike licens� and that it be valid for the full five years allowed . [dJ��7/am s cc : Gordon Grant �. �,� C�..ty o6 ChuZa V�.6.ta, Ca2�.�o�.iita � A 111 ' � ' . ' . � � � . or�ita�t�ce r�o. �i`�`� " '`Zc — . ,--`�- - . AN ORDINF�NCE OF THE CITY�OF�C �A VISTA AI�tENDING ARTICLE 21 OF CHAPT�R ITS tNTIRP.TY OF Ti�E CI{ULA VISTk CITY AC:D REPFALING ORDI_dAVCE P10. 1479� ALL P.E G TO iHE LICEY.SING OF BICYCLES AND ESTAII dENT OF LICECiSE FEES - The City Council of the City of Chula Vista does ordain " as follo��s: SECTION I: That Article 21 of Chapter 19 of the Chula Vista City Code be, and the same is hereby amended in its entirety, to be and to read as follows: " ARTICLE 21. P.F.GULATIONS FOR BZCYCLES. Sec. 19.21.1. Effect of Regulations. / 1. It is a misdemeanor for any person to do any act /� forbidden, or to fail to perforr.i any act required, in j �� , this article. 2, The parent or guardian of any child shall not �. � authorize or knou�ingly permit any such child or ward to violate any of the provisions o£ this article. 3. These regulations applicable to bicycles shall / �� apply a�henever a bicycle is operated upon any highway or , upon any path set aside for the exclusive use of bicycles subject to those exceotions stated herein. Sec. 19.21.2. License Required. No person who re'sides within the City shall ride or / - �"propel a bicycle on any street or upon any public path �/ C ' set aside for the exclusive use of bicvcles unless such ,/ bicycle has been licensed and a license plate is attachec' _ thereto as provided herein. Sec. 19.21.3. License Application. Application for a bicycle license and license plate � - or license indicia furnished by the State of California � � shall be made upon a forn provided by the City and re- - � tained by the Chief o ,�ol'c . A license fee of one dollar ($1.00) per 3n be paid in advance to �� . � the City before any such license is granted. Said fee � � shall be used to defray the cost of administering the bicycle licensin9 prograri or to reinburse bicycle . dealers for any services �ahich they r�ay provide. In ' addition, the fees may be used to improve bicycle safety ` programs and establish bicycle facilities, including � bicycle paths and lanes. � - 1 - � _ ` . . � � �� • - ' . � 19.21.4. Issuance oP Lice� and Fees. - O�� 1. Records, The City shall maintain records�of each bicycle registered. Such records shall include but � not be limited to the license nivnber, the serial number � �,.� � of the bicycle, the na}:e, type, and model of the bicycle, V`" � and the name and address of the licensee. Records shall �K� . be maintained by the licensing agency during the period �� of validity of the license or upon notification that the/ ' bicycle is no longer to be operated. F.ach bicycle re- � tailer shall supply to each purchaser a record of the £ollowing information: name of retailer, address of retailer, year and nake of bicycle, and serial number of bicycle. / / 2. Serial 1Jumbers. After December 31, 1974, no - ,�,�� ,w� bicycle retailer shall sell any new bicycle in this „�\. ��` G'� state unless such bicycle has pernanently stamped or « �� cast on its frane a serial number unique to the particu- ��,:.� lar bicycle of each manufacturer. Serial numUers shall be stamped or cast in the head of the frame, either side of the seat down post tube, or the botton sprocket bracket. 3 , Private Sale or Purchase of Bicycle. Whenever the owner of a bicycle licensed pursuant to an ordinance or � �' " . resolution of a city or county sells or other4iise disooses� of a bicycle, he shall aiithin ten (10) days notify the - licensing agency of such disposition. Any person who - purchase5 or otherwise acquires possession of a bicycle shall within ten (10) days of taking possession apply � ' for the transfer of license to his name. � � 9 , Bicycle Dealers. Every person engaged in the • � � ��usiness of buying or selling ne�� or second-hand bicycles � ��u-rY�" Oa shall make a report to the Chief of Police of every bi- / , � �n� =�,M -^' '�;✓T cycle purchased or sold by sucli dealer, giving the name � W°'� �� and address of the person from whom purchased or to whom _ � sold, a description of such bicycle by name or make, the frame number thereof, and the nunber of license plate, -� . if any, found thereon. � ` \ .1 - — 5. RenewaZ of License. Licenses must be renewed �� v � - � µ �-,t,� every three (�).�Years. Renewal of a bicvcle license � � �� shall be indicated by a supplementary adhesive device � �. ��,a� �, affixed on or near the indicia. � �i+u�P 6. Attachment to Prame. The license plate or indicia " ` _ "'��('i� �shall be firmly attached to the frame of the bicycle for /�� . p �, /.A/1� which it is issued, and no person shall remove a license '('� _ ./,�^�� plate from a bicycle during the period for which it is � ��l issued, except upon a transfer of ownership or in the -�-�$^�� event the bicycle is dismantled and no longer operated upon any street in the City. . � 1 � 7 . Rental Agencies, A rental agency shall not rent � // �of offer any bicycle for rent unless said bicycle is 1 � , �:! . / /�p�P��J licensed and a license plate is attached thereto as pro- `� �7r21 �"J »y,�' • vided herein and such bicycle is equipped with the lanps �"1 //1, and other equipnent required in this article. U �+ y� �p - �� B. Znspection of Bic�cles. The Chief of Police, or n : � /,,,,../,�.�u.�� an officer assigned such responsibility, shall inspect � (''� rµ�^- each bicycle before licensing the same and shall refuse ��o� a license �for any bicycle which he determines is in un- � ,--�� , � safe mechanical condition. � Q �I`-'�'" �� \ • - 2 - f 6 `f �. � , : � 19.21.5. Traffic Laa�s Ao}�ng to Persons ' ' � � Riding Bicycles. , . Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all � of the duties applicable to the driver of a vehicle by the laws of. this state, declaring rules of the road applicable to vehicles, or by the traffic ordinances of this City applicable to the driver of a vehicle, except - as to special regulations in this article and except as to those provisions of laws and ordinances which, by their . nature, can have no application. Sec. 19.21.6. Obedience to Traffic Control Devices. 1. Any person ooerati-ng a bicycle shall obey the in- structions of official traffic control signals, signs and other control devices applicable to vehicles, unless otllerwise directed by a police officer. 2. S•7henever authorized signs are erected indicating that no right or left or "U" turn is permitted, no person n operating a bicycle shall disobey the directions of any �L such signs, except cuhere such persons dismounts from the ` bicycle to make such turn, in which event such person shall then obey the regulations aoplicable to pedestrians � Sec. 19.21.7. Mutilation of Numbers on Bicycle Frame. It shall be unlac�iful for any person to wilfully or maliciously remove, destroy, alter or mutilate the . ' number on any bicycle frame licensed pursuant to this article. It shall also be unlawful for any person to � , remove, destroy, alter or mutiliate any license plate, seal or registration pursuant to this article; provided, ho�vever, that nothing in this article shall prohibit the � Police Department from stamping ntmibers on the frames - of bicvcles on which no serial number can be found or on which said number may be illegible or insufficient £or identification purposes. SECTION II: That Ordinance T7o. 1479 be, and the same is hereby repealed. SECTIOta III: This ordinance shall be adopted upon its first reading if passed by at least four (4) affimative votes of . the City Council as an emergency measure to becor.�e effective on , January 1, 1975. � � Presented by Apnroved as to form by � f�'/�-Oh-6"' I2��.�c.4iv-� '.. /\/ , Gor on K. Grant, Director o George�U.Lind e�rg, City Attorney iFinance � � - 3 - � •�STA c,.C° LAUFORNI� � BUSINE55 I I PORTIITION AGENCY � AONIILO REAGRN,Gevc••e. �— OFFICE OF Ti1E DIRECTOR DEP�RT�;EI�T OF t�10TOR VEHICLES :�.�= P. 0. B�x ,8:8 �.s,� SACkAMENTO. CA 95809 , . 9 NOV 74 . - , T0: CITIES , COUNTIES, AI�D LA[d ENFORCEMENT AGENCIES WE30 LICENSE BICYCLES SUBJECT: r]EW LEGISLATION - LICENSInG OF BICYCLES Assembly Bill No. 3329 (Badham) has been signed into law by Governor Reagan and beca�ne effective 20 Sep 74 . Attached is a copy of the ne�a sections of the Vehicle Code pertaining to the licen�ing of bicycles . Please bring the new laws to the attention of concerned employees in your agency. � The basic change is that the Departnent ef ldotor Vehicles will now obtain and sell a standard state��ide bicvcle "plate" . Following are the procedures adopted by this department in order to implement tha new statutes : Cost ' � The cost of the bicycle "plate" is 6C to each licensing agency. The bicycle plates will be sold in _ multiples of 100 to licensing agencies - minimum ' � order 100. The new law permits a licensing agency to charge a fee of not more than $2 .00 per year. • Delivery - Allow 14 days maxim�un from receipt of order to \; delivery date. Delivery �aill normally be by United : Parcel Service. Bicycle "plates" will be available on or before 15 Dec 74. Expiration • The statewide bicycle "plate" will expire on 31 Dec 78. Renewal will be indicated by a supplementary adhesive device affixed near the license "plate" and will be issued for a three-year period. 4 Aq�.6011REV. 12/691 � . - _ ___ __-� , . . . , . . . lL .� . I . � , - , , ' -2= i i . . Description � --��-- = - � Dark blue aluminum foil with pressure sensitive permanent curing acrylic ; •',�`i`;� ,`'. - adhesive. 1-1/4" x 2" with two semi- , -' ° .: ..��:.,:_��. .... - � ,�� 1: • circular security cuts. � :� � ;f''� �,.�. '��' -; .1 -l�.- ��'� . :':1�: .� �_ j l.'Y" ;� �I fY�!�"'�.^.--�_- ' ' ' . . Packagin4 Individual units packed in stacks of. 100 with low�est number on top. Units will have removable backing. Ordering • To order bicycle "plates" , submit written request, < �� f=es , to: . Y�rVVl��4�a�..a.� � ' Departlnent of Ptotor Vehicles ' � Registration Staff Services P.O. Box 1319 • Sacramento, California 95806 Information . � • � Write to the above address or phone: . • (916) �445-9511 This department will provide lists to enforcement agencies . � least once each year , listing the number sequence and purch ��, agency. . �n� r� �t4�J+ ..�'�'+•� , -'J`.`' . � V'� . ' '�%�_ ROBERT C. COZEI`� . . ��.•' Director 1� Attachment � � - , , . , � �: " i-