Ordinance No. 545ORDINANCE NO. 545
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING CHAPTER 4 TO THE CODE OF THE CITY OF CYPRESS
RELATING TO BICYCLE LICENSING.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 4 hereby is added to the Code of the City
of Cypress to read as follows:
CHAPTER 4
BICYCLES
Sections: 4 -1 Definitions.
4 -2 Bicycle Licensing Required.
4 -3 License Receipt /Bicycle Plate -- Issuance.
4 -4 Sale or Transfer of Bicycle.
4 -5 Change of Address of Bicycle Licensee.
4 -6 Lost or Stolen License Receipt /Bicycle
Plate -- Report /Replacement.
4 -7 Fees.
4-8 Tampering with License Receipt /Bicycle
Plate -- Prohibited.
4 -9 Bicycle Dealers -- Weekly Sales Reports
Required.
4 -10 Bicycles in Violation of Chapter --
Impounding /Fee.
4 -11 Fines for Violation of this Chapter.
4 -12 Enforcement.
4 -1 Definitions. As used in this Chapter, the following terms
and words shall have the following meanings:
(a) The word "BICYCLE" shall mean and include any device upon
which a person may ride, which is propelled by human power through a system
of belts, chains, or gears, and which has wheels at least 20 inches in
diameter and a frame size of at least 14 inches.
(b) The term "BICYCLE LICENSE RECEIPT" shall mean and include
that ownership card issued by the licensing agency or agent of this City
upon receipt of the designated license fee.
(c) The term "BICYCLE PLATE" shall mean and include the license
tag or decal designated by the State of California in accordance with Section
39001 of the California Vehicle Code, to be permanently affixed to the bicycle
and which bears a unique number permanently assigned to that bicycle by the
State.
(d) The term "LICENSING AGENCY" or "AGENT" shall mean and
include that party or parties designated by the City Council as the official
Licensing Agency or Agent for bicycles in this City. For purposes of this
Chapter, the Chief of Police and his representatives shall be deemed as the
Licensing Agency. The Chief of Police shall be given the authority to recom-
mend for appointment by the City Council any person or persons to assist
this City in the capacity of Bicycle Licensing Agent. Each Licensing Agency
or Agent shall license bicycles for persons residing in this City only;
all other bicycle license applicants shall be referred to their respective
City or jurisdiction of residency.
4 -2 Bicycle Licensing Required. On and after July 1, 1975, no
person residing in this City shall ride or propel any bicycle upon any public
street, sidewalk, alley, bicycle lane or path, or any other public property,
or, have in his possession any bicycle which has not been licensed and
for which the appropriate license fee has not been paid or which does not
bear a Bicycle Plate as required by the provisions of this Chapter. Those
licenses in effect as of this date and issued prior to January 1, 1975, shall
remain valid until January 1, 1978.
4 -3 License Receipt /Bicycle Plate -- Issuance. At the time
that any person requests a license for a bicycle and pays the appropriate
license fee in accordance with the provisions of this Chapter, the Licensing
Agency or Agent shall provide him with a License Receipt bearing the owner's
name, address, telephone number, Bicycle Plate number, the bicycle manufacturer,
type and frame number, any other descriptive material concerning the bicycle
deemed necessary by the Licensing Agency, and provisions for the transfer
of ownership of said bicycle. In addition, also at the time of the licensing,
the bicycle owner shall be issued his permanent Bicycle Plate bearing the
unique number permanently assigned to that bicycle by the State. The Bicycle
License shall remain in effect for the period designated by the State in
accordance with Section 39001 of the Vehicle Code.
4 -4 Sale or Transfer of Bicycle. Whenever any person sells,
trades, disposes of, or transfers any bicycle licensed pursuant to the
provisions of this Chapter, he shall endorse upon the License Receipt
previously issued for such bicycle a written transfer of same, setting
forth the name, address, and telephone number of the transferee, the
date of transfer, the signature of the transferor, and shall deliver such
License Receipt, so endorsed, to the Licensing Agency at the time of
transfer. The transferee shall, within ten (10) days after such transfer,
apply to said Licensing Agency for a transfer of the License Receipt. A
fee of One Dollar ($1.00) shall be charged for said transfer of ownership.
4 -5 Change of Address -- Bicycle License. Whenever any bicycle
licensee changes his place of residence, he shall notify the Licensing Agency
of such change of address within ten (10) days. There shall be no charge
for said change of address.
4 -6 Lost or Stolen License Receipt /Bicycle Plate -- Report/
Replacement. In event that any License Receipt issued pursuant to the
provisions of this Chapter, be lost or stolen, the licensee of such bicycle
shall immediately notify the Licensing Agency, and within ten (10) days
after such notification shall apply to said Licensing Agency for a duplicate
License Receipt; whereupon, said Licensing Agency shall issue to such licensee
a duplicate License Receipt, upon payment to said Licensing Agency of a fee
of One Dollar ($1.00).
In the event that any Bicycle Plate issued pursuant to the
provisions of this Chapter be lost or stolen, the licensee shall immediately
notify the Licensing Agency of such loss, and shall within ten (10) days
apply to said Licensing Agency for a new Bicycle Plate; whereupon, said
Licensing Agency shall issue to such licensee a new Bicycle Plate, upon
payment to said Licensing Agency of a fee of One Dollar ($1.00).
4 -7 Fees. The fees required to be paid pursuant to the pro-
visions of this Chapter are:
(a) For such Bicycle License, the sum of One Dollar ($1.00)
per year or any portion thereof.
(b) For each transfer of License Receipt, the sum of One Dollar
($1.00).
(c) For each replacement of Bicycle License Receipt or Bicycle
Plate, the sum of One Dollar ($1.00).
(d) For each impounding fee for bicycles found to be in violation
of this Chapter, the sum of One Dollar ($1.00).
4 -8 Tampering with License Receipt /Bicycle Plate -- Prohibited.
It is unlawful for any person to tamper with, destroy, mutilate or alter any
License Receipt issued pursuant to the provisions of this Chapter.
It is unlawful for any person to remove, destroy, mutilate or
in any way alter or tamper with any Bicycle Plate issued pursuant to the
provisions of this Chapter.
4 -9 Bicycle Dealers — Weekly Bicycle Sales Reports Required.
Any person engaged in the business of buying, selling or trading bicycles
within this City is hereby required to make a weekly report to the Licensing
AAeAcr giving the name, address and telephone number of all persons either
bihk, selling or trading bicycles and the bicycle manufacturer, type,
frame number, and Bicycle Plate number, if any.
4 -10 Bicycles in Violation of Chapter -- Impounding /Fee.
The Licensing Agency shall have the right to impound and retain possession
of any bicycle in violation of the provisions of this Chapter, and may
retain possession of such bicycle until the provisions of this Chapter
are complied with. A fee of One Dollar ($1.00) shall be charged for
each bicycle so impounded.
4 -11 Fines for Violation of this Chapter. A fine of Five Dollars
($5.00) shall be charged for each violation of the provisions of this Chapter.
4 -12 Enforcement. The Chief of Police and his representatives
and the Licensing Agent shall herewith be granted all authority to enforce
and carry out the provisions of this Chapter pursuant to the provisions
included in the California Vehicle Code and all other laws of the State
of California.
SECTION 2. Severability.
If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance, or the application hereof to any person or place,
is for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance or its application
to other persons or places. The City Council hereby declares that it
would have adopted this Ordinance, and each section, subsection, subdivi-
sion, sentence, clause, phrase or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions, or the application thereof to any person
or place, be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 10th day of March, 1975.
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R OF OF PRESS
ATTEST:
CITY CI RK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the
said City Council held on the 10th day of March, 1975; by the following roll
call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey, Kanel and Sonju
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Lacayo
CITY CLERK OF THE C' Y OF CYPRESS