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3461FOLLOWS: ORDINANCE N0. 3461 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING TITLE 5, CHAPTER 5.04 OF THE ANAHEIM MUNICIPAL CODE AND ENACTING A NEW TITLE 5, CHAPTER 5.04. RELATING TO BICYCLE LICENSING. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Title 5, Chapter 5.04 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That Title 5 of the Anaheim Municipal Code be, and the same is hereby, amended by adding to Title 5, Chapter 5.04 to read as follows: "CHAPTER 5.04 BICYCLE LICENSING 5.04.010 DEFINITIONS As used in this Chapter, the following terms and words shall have the following meanings: .010 The term CHIEF OF POLICE shall be deemed to mean and include the Chief of Police of the City of Anaheim, any policeman of the City of Anaheim, and any deputy appointed pursuant to the provisions of Section 5.04.120 hereof. .020 The word BICYCLE shall mean and in- clude 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. .030 The term LICENSING AGENCY OR AGENT shall mean and include that party or parties desig- nated by the City Council as the official Licensing Agency or Agent for bicycles in this City. For pur- poses 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 recommend for appointment by the City Council any person or persons to assist in the ca- pacity of Bicycle Licensing Agent(s). Each Licens- ing Agency or Agent shall license bicycles for persons residing in the City of Anaheim only; all other bicycle license applicants shall be referred to their respective city or jurisdiction of resi- dency. -1- .040 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. .050 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 num- ber permanently assigned to that bicycle by the State. 5.04.020 BICYCLE LICENSING REQUIRED No person residing in the City of Anaheim, shall ride or propel any bicycle upon any public street, sidewalk, alley, bicycle path or lane, 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. 5.04.030 LICENSE RECEIPT/BICYCLE PLATE - ISSUANCE At the time any person licenses 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 manufac- turer, type and frame number and any other descrip- tive material concerning the bicycle deemed necessary by the Licensing Agency, and provisions for the trans- fer of ownership of said bicycle. In addition, also at the time of 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. 5.04.04.0 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 transferer and shall deliver such License Receipt, so endorsed, to the Licensing Agency at the time of transfer. The transferee shall, within ten 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. -2- 5.04.050 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 days. There shall be no charge for said change of address. 5.04.060 LOST OR STOLEN LICENSE RECEIPT/BICYCLE PLATE - REPORT/REPLACEMENT In the 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 for a dupli- cate License Receipt; whereupon, said Licensing Agency shall issue to such licensee a duplicate Li- cense 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 days, apply to said Licensing Agency for a new Bicy- cle Plate; whereupon, said Licensing Agency shall issue to such licensee a new Bicycle Plate upon pay- ment to said Licensing Agency of a fee of one dollar ($1.00). 5.04.070 FEES The fees required to be paid pursuant to the provisions of this Chapter are: .010 For such Bicycle License, the sum of one dollar ($1.00) per year or any portion thereof. .020 For each transfer of License Receipt, the sum of one dollar ($1.00). .030 For each replacement of Bicycle License Receipt or Bicycle Plate, the sum of one dollar ($1.00). .040 For each impounding fee for bicycles found to be in violation of this Chapter, the sum of five dollars ($5.00). 5.04.080 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 destroy, mutilate or in any way alter or any Bicycle Plate issued pursuant to the of this Chapter. -3- to remove, tamper with provisions 5.04.090 BICYCLE DEALERS - WEEKLY BICYCLE SALES REPORTS REQUIRED Any person engaged in the business of buy- ing, selling or trading bicycles within the City of Anaheim, is hereby required to make a weekly report to the Licensing Agency giving the name, address and telephone number of all persons either buying, sell- ing or trading bicycles and the bicycle manufacturer, type, frame number and Bicycle Plate number, if any. 5.04.100 BICYCLES IN VIOLATION OF THIS 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 provi- sions of this Chapter are complied with. A fee not to exceed the sum of five dollars ($5.00) shall be charged for each bicycle so impounded. 5.04.110 FINES FOR VIOLATION OF THIS CHAPTER A fine, not to exceed five dollars ($5.00), shall be charged for violation of the provisions of this Chapter. 5.04.120 ENFORCEMENT The Chief of Police and his representatives and the Licensing Agency 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 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this chap- ter of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. The City Clerk shall certify to the passage of this or- dinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and it shall become effective on October 2nd , 1975. THE FOREGOING ORDINANCE is approved and signed y me this 2nd day of September , 1975. r ATTEST: CITY CLERK OF THE CITY OF AMA- HEIM -4- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3461 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of August, 1975, and that the same was passed and adopted at a regular meeting of said City Council held on the 2nd day of September, 1975, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Sneegas and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pebley AND I FURTHER CERTIFY that the Mayo' of°the City of Anaheim approved and signed said Ordinance No. 3461 on the 2nd day of September, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of September, 1975. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 3461 and was published once in the Anaheim Bulletin on the 12th day of September, 1975. U City Clerk