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Ord 60ORDINANCE NO. 60 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA REQUIRING THE LICENSING OF BICYCLES WITHIN THE CITY LIMITS Section 1. DEFINITION: "Bicycle" for the purpose of this ordinance means 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 twenty (20) inches in diameter and a frame size of at least fourteen (14) inches. Section 2. LICENSE REQUIRED: It is unlawful for any person to operate a bicycle upon any public street, alley, sidewalk, highway, or other public property within the jurisdiction of the City of Poway without first obtaining a license issued by said City of Poway. The Department of Safety Services, or any other department designated by the City Manager, is hereby authorized and directed to issue, upon written application therefor, a bicycle license, to any person residing within the City of Poway. License applicants who reside outside the City of Poway shall be referred to their respective city or jurisdiction of residency. Section 3. LICENSE FEES: License fees will be in accordance with those stated in Section 39004 of the California Vehicle Code. Section 4. LICENSE ISSUANCE: Licenses issued by the City of Poway shall be of a type designated by the Director of the Department of Motor Vehicles, State of California, and distribu- ted by the Department pursuant to Division 16.7 of the California Vehicle Code. The City shall designate a bicycle licensing agency to issue bicycle licenses upon request by the bicycle owner. The licensing clerk may authorize regularly licensed bicycle dealers to purchase blocks of licenses and upon the sale of a bicycle, issue a license and forward within ten (10) days of the issuance thereof the required copies of the registration to the licensing clerk. Section 5. RECORD OF LICENSES: The designated licensing agency shall keep a record of each bicycle license number issued pursuant to this ordinance, the date of issuance of each bicycle license, the City identification number and manufacturer's serial number of the bicycle, the make, type and model of the bicycle and the name and address of the licensee. Records shall be maintained by the designated licensing agency during the period of validity of the license or upon notification that the bicycle is no longer operated. ORDINANCE NO. 60 Page 2 Section 6. AUTHORITY TO STAMP FRAME: Nothing in this ordinance shall prohibit the bicycle licensing agency or retailer, from stamping numbers on the frames of bicycles for identification purposes. Section 7. TRANSFER OF OWNERSHIP - REPORTS: Owner's Report - Pursuant to this ordinance, whenever the owner of a lic- ensed bicycle sells or otherwise disposes of a bicycle, the owner shall notify the licensing clerk within ten (10) days. This notice shall be in the form as required by California Vehicle Code Section 39008(a). Purchaser's Report - Any person who purchases or otherwise acquires posses- sion off a bicycle shall, within ten (10) days of taking possession thereof, apply for a transfer of license and report the purchase of said bicycle to the licensing clerk. Section 8. CHANGE OF ADDRESS: Whenever the owner of a bicycle licensed pursuant to this ordinance changes his/her address, he/she shall, within ten (10) days, notify in writing, the designated licensing agency of the old and new address. Section 9. DESTROYING/ALTERING LICENSE PLATES AND REGISTRATION CARDS: No person shall remove, mutilate or alter any license plate or registration card during the time such license plate or registration card during the time such license plate or registration card is in effect. Section 10. DESTROYING/ALTERING NUMBERS OF FRAMES: No person shall willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant to this ordinance. Section 11. PENALTY: Under Section 39011 of the California Vehicle Code, violation of any pro- vision of this ordinance shall be an infraction, and no fine imposed for any such violation shall exceed the sum set forth in that section. ORDINANCE NO. 60 Page 3 Introduced and first read at a regular meeting of the City Council of the City of Poway held the 18th day of May, 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 25th day of May 1982, by the following roll call vote: AYES: NOES: ABSENT: COUNCILMEMBERS Emery, Kruse, Oravec, Tarzy, Shepardson COUNCILMEMBERS None COUNCILMEMBERS None ATTEST: Marjorie K. Wahls%en, Cit~