HomeMy WebLinkAboutOrd 2019-3451ORDINANCE NO. 3451
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 10.72
(BICYCLES) TO AMEND OR DELETE OUTDATED
SECTIONS OF THE CODE
WHEREAS, on May 7, 1996, the City adopted Ordinance 2670, a portion of which is
codified at Section 10.72 of the Chula Vista Municipal Code; and
WHEREAS, it is desirable to amend the City’s bicycle ordinance to accurately reflect the
City’s procedures relating to regulation of the use bicycles within the City of Chula Vista.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I.
A. Chapter 10, Section 10.72 (Bicycles) is amended to read as follows:
10.72.010 Compliance required – Failure deemed misdemeanor.
It is an infraction for any person to do any act forbidden, or to fail to perform any act required,
by CVMC 10.72.020 through 10.72.130 and 10.72.170.
10.72.020 Responsibility of parent or guardian of child.
The parent or guardian of any child shall not authorize or knowingly permit any such child or
ward to violate any of the provisions of this chapter.
10.72.030 Regulations applicable when.
These regulations applicable to bicycles shall apply whenever a bicycle is operated upon any
highway or upon any path set aside for the exclusive use of bicycles, subject to those exceptions
stated herein.
10.72.040 Repealed.
10.72.050 Repealed.
10.72.060 Repealed
10.72.070 Dealers – Serial numbers – Required.
After December 31, 1974, no bicycle retailer shall sell any new bicycle in this state 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.
DocuSign Envelope ID: C5B07A81-37C2-4791-8414-15AAE7F26C87
Ordinance No. 3451
Page No. 2
10.72.090 Bicycle dealers – Bicycle sales reports required.
Any person buying, selling or trading used bicycles within the city is required to make a report to
the licensing agent within 30 days, giving the name, address and telephone number of all persons
either buying, selling or trading used bicycles, and the bicycle manufacturer, type, frame number
and bicycle license number, if any.
10.72.100 Repealed.
10.72.110 Repealed.
10.72.120 Rental agency requirements.
A rental agency shall not rent or offer any bicycle for rent unless such bicycle is equipped with
the lamps and other equipment required in this chapter, or under state law.
10.72.130 Repealed.
10.72.140 Compliance with traffic laws required when.
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 chapter and except as to those
provisions of laws and ordinances which by their nature can have no application.
10.72.150 Obedience to traffic control devices required.
Any person operating a bicycle shall obey the instructions of official traffic control signals,
signs, and other control devices applicable to vehicles, unless otherwise directed by a police
officer.
10.72.160 Turning movements – Obedience to signs required when.
Whenever authorized signs are erected indicating that no right or left or U -turn is permitted, no
person operating a bicycle shall disobey the directions of any such signs, except where such
person dismounts from the bicycle to make such turn, in which event such person shall then obey
the regulations applicable to pedestrians.
10.72.170 Tampering with or destroying certain frame numbers prohibited – Exception.
It is unlawful for any person to willfully or maliciously remove, destroy, alter or mutilate the
number of any bicycle frame licensed pursuant to this chapter. It shall also be unlawful for any
person to remove, destroy, alter or mutilate any license plate, seal or registration pursuant to this
chapter; provided, however, that nothing in this chapter shall prohibit the police department from
stamping numbers on the frames of bicycles on which no serial number can be found or on
which said number may be illegible or insufficient for identification purposes.
DocuSign Envelope ID: C5B07A81-37C2-4791-8414-15AAE7F26C87
Ordinance No. 3451
Page No. 3
10.72.180 Parking zones – Establishment authority – Use restrictions.
The City Engineer may, by regulation, establish bicycle parking zones in areas adjacent
to the curbs, not more than 36 feet in length, as necessary to provide facilities for the temporary
parking of bicycles. Whenever a bicycle parking zone is so established, the City Engineer is
authorized to place appropriate signs giving notice that parking of other vehicles is prohibited
during such hours of such days, and no person shall stop, stand or park any vehicle other than a
bicycle in such zone when said signs are in place, contrary to the directions or provisions of such
signs.
10.72.190 Operation upon sidewalks.
Persons may operate bicycles upon sidewalks within residential areas; provided,
however, no person shall ride a bicycle upon a sidewalk within business districts as described by
this code, nor shall any person ride upon any other sidewalk within this city which has been
posted by the city engineer with signs prohibiting such riding.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
DocuSign Envelope ID: C5B07A81-37C2-4791-8414-15AAE7F26C87
Ordinance No. 3451
Page No. 4
Presented by Approved as to form by
William S. Valle Glen R. Googins
Director of Engineering and Capital Projects City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of February 2019, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, Californ ia, do hereby certify that the foregoing
Ordinance No. 3451 had its first reading at a regular meeting held on the 22nd day of January
2019 and its second reading and adoption at a regular meeting of said City Council held on the
5th day of February 2019; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: C5B07A81-37C2-4791-8414-15AAE7F26C87
2/13/2019