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HomeMy WebLinkAbout4-A-18 ORDinANCE NO. & 4-A-18 AN ORDINANCE AM~NDING ORDINANCE 4A OF THE CITY OF SARATOGA gY ADDING CHAPTER 7 TO ARTICLE' 10 OF THE SANTA CLARA COUNTY ORDINANCE CODE ~HEREIN ADOPTED BY REFERENCEs AND REGULATING THE OPERATION, REGIS- ITATION, LICENSING, PURCHASING AND SELLING OF BICYCLES WITHIN THE Cll~OF SARATOGA The City Council of the City of Saratoga does hereby ordain as follows: SECTION l: Section 1,1 of OrdinanCe No. 4-A of the City of Saratoga is hereby amended by adding to Title lO of the Santa Cl~ra County Ordinance Cede therein adopted by reference, the foll~wing Chapter 7: CHAPTER 7 - B.icycles ..Artigle 1 - Re~i.~Rratlon. a~. LiCense ~7.1-1: License Required It shall be unlawful for any person to operate oruse a bicycle pro- pelled wholly or in part by muscular po~er within the City of Saratoga unless said bicycle is registered and licensed and equipped as provided herein. lq.L~-2:. ~atien nod License Is_______sue__d The Sheri£f's Department of the County of Santa Clara is hereby authorized to issue bicycle licenses upon written application, which licenses, when issued, shall entitle the licenses to operate and use said bicycle, 10.7.~-3: Metal. lie License Plates THe County shall provide metallic license plutes and seals, together with registration cards or receipts, said metallic license plates and registration card~ or receipts having numbers e~amped the=son in be inmi numerical order, g n8 with Number l, and the letters SCCBL stamped thereon; such metallic license plates shall be suitable for attachanent upon the frnmes of bicycles, and it shall be the duty of the Shariff's Department ~o a~tach one such metallic license plate ~o the frame of each bicycle and ~ issue a co=responding registration card or receipt to ~!;e licenses upcn pa?aent of the license fee harein provided for. Such metallic license pla~es sha].l reuniu a~ached during the exist- ence of such liceuse. Xhe Sheriff's Department shall also keep a re- cord of the date of issue of each license, to whom issued, and the number ~he~eof. 10.7.1-4: Dealers~ Re~p0rt of Purchases Persons en~aged in the business of b~zyin~ secondhand bicycles are hereby required to make a monthly report to the Sheriff'.~ Department speci£yin~: (I) The nnm~_ and address 8f !the persan from whom each bicycle is purchased; (2) The description 0f each bicycle purchased; (3) The frame number thereof; (4) The number of the metallic license plate found thereon, if any. .10.7.1-5: Deale~s~ Report o~ Sales All persons ex~aged in the business of sellin~ new or second-hand bicycles are hereby required to mnka a monthly report to the Sheri££'s Department givinS a list o~ all sales made by such dealers, which list shall include: (1) The name and address of each person to whom a bicycle was sold; (2) The kind of bicycle sold; (3) A description and frame n~.-nber tE~ereof; (4) The num'oer of the metallic license plate attached thereto, if any. 10.7.1-6: Transfer of ..O~mershtp , Every person who sells or transfers ownership of any bicycle shall report such sale or transfer by returnln~ to the Sheriff's Department the reSistration card or receipt issued to such person as licenses, together vi~h the rim,, and address of the pe_~son to ~cm said bicycle was sold or transferred, and such report shall be made w!~hin fifteen days of the date of said sale or transfer. It shall be the duty of the purchaser or translates of such bicycle to apply for a transfer of registration witbib fifteen days of the date of said trn~xsfer or sale. 10.7.1-7.~ _Alter~atien of License Numbers ~1o person shall wilfully 'or maliciously remove, destroy, mutilate or alter the number of an~ bicycle fr~e licensed pursuant ~o this Chapter. No person shall remove, destroy, mutilate or alter any license plate, seal or registr-~t~.on card or receipt durin~ the time in which such license plate, seal o= registration card or receipt is operative. P£e%,ided, however, that noth.~.n~ in this ordinn.~.ce shall p'z.~hibit the ~e?'~ff'~ Depar~.uen~ fr.~m s~amping numbers on the fr.-mes of bicycles on which no se_-"_~.l bumper can be found, or on which said number is illegible or insufficient for identification purposes. 10.7.1-8: Duplicate Issues Every license holder shall immediately notify the Sheriff's Department of the loss, destruction or mutilation of any license plates seal, registration card or receipt. The Sheriff's Department may thereupon issue duplicates the~eSf at a cost of fifty cents each, except that duplicate license plates shallbe at a cost of $1.00 each. Every license holde~ shall return his license plates seals registration card or receipt when the bicycle fo~ which they were issued is destroyed or dm~ged beyond repair. 10.7.1-9: License Fees The license fee to be paid for' each bicycle shall be One Dollars and shall be .paid in advance; and pursuant to Section 10.7.1-6 hereofs such license may be transferred when the ownership of said bicycle is trans- ferred, and a fee of fifty cents shall be paid for the registration of such transfer. If the purchaser or transferroe of a bicycle which has been previously licensed hereunder fails to register such transfer within fifteen days of the date of the said purchase or transfers he shall then be required to take out a new license, end pay a license fee of One Dollar therefor. If the purchaser or transferee of a new or not previously registered bicycle fails to secure a license =herefor within fifteen days Of the date of said purchase or transfer, the license fee shall be One and 50/100 Dullare. All license fees end transfer fees collected pursuant to this Chap=or shall be paid ln=o the County Treasury. !0o7.1-10: E~mption from I,:~cense Tee provisions of Section 10,7.1-1 shall not apply to any person not a resident of the City of Saratoga, provided, said bicycle has affixed thereon a valid, unexpired license of any city within the County of Santa Clara, or of the Ccunty of Santa Clara. ~rticle 2 - ~qu!pment on Bicycles 10.7,2-1: Brakes Every bicycle shall be equipped with a brake adequate to skid the braked wheel on a dry, levels hard surface upon the application of said brake. 10.,7.2-2: ~!ghts Every bicycle operated or used ~t any time from cat-half herr after sunset to one-half hour before sunrise, and a~ any other tl~? when there is not sufficient light to render clearly diucerneb!e any persen or vehicle on the streets or highways at a distance of 300 feet, shall be equipped with a lamp aff~zed to'the front of said bicycle emitting a ~;hite light visible undcz usrmal a'~menpheric condit~ons..]er a distance of S00 feet frcm =he frev.t of sa~d blcycles and w~th a red glass reflected. of a type t.~provcd bythe Sheriff's tepa~nt of a diameter of one ~a4 =bre~ f~urtha inch, or largers which shell be affixed to the vehicle ~o as ~ be visILie under noml atmospheric coud~ions for a distance o 0 feet from of said cle or with ~' lamp emittin~ a red light visible under normal atmospheric conditions from a distance of 300 feet from the rear of said bicycle. All lampe, lenses, and reflectors shall be kept in a clean condition at all times. Article 3 - Operation of Bicycles 19.~.3-1: Ridin~ on Sidewalk No person shall ride, use, or operate a bicycle within the City of Saratoga:in such a way as to endanger any pedestrian or the Operator of another bicycle. (No~rson=ahabl~--ride~-use-or-operate-a-bicyc}e" ~~ftTio~T~ara~oga=f~ch-a-~ay-a~'to end~nn~eae'~Tft-r~n~ or ~he-opnraW--o~f~k~r~icyci~ ' · Articia ~ - Pnnalt~ forViolatiohs 10.7.4~1: Any person ~ho shall violate any of the provisions of this Chapter shall, upon conviction thereof, be punished by a fine of not more than $300.00. 10.L~-2: Impounding of Bicycles The Sheriff of the County of Santa Clara, or any of his deputies, may impound and retain possession of any bicycle that does not have affixed thereon a valid, unexpired license until a license is obtained by the owner of said bicycle under the provisions of this Chapter or under the pro~isions af any applicab!e city or county ordinance ~herein the o~ner of said bicycle resides. SECTION 2: The Sheriff~s Department of the County of Santa Clara is hereby authorized and directed to enforce this ordinance and all of its terms and provisions under andby v~rtue of the contract between the City of Saratoga and the County of'Santa Clara for the furnishing of basic and traffic la~ enforcement services by said County to the City of Saratoga. ~CTI~.3:This ordinan~n shall ~ake effect and b~ in full force thirty (30) days after its pansage. SECTION ~: If any soetion, subsnotion, sentence~ clause or phrase of this ordinance is for any reason held by a court, of competent diction to be invalid~ such decision shall not affect the validity of remaining portions of this ot'dinaneno The C~ty Council of the City of' Saratoga hereby dealarea that it ~qould have passed this ordinance and each seetion~ subseetion~ sentence~ clause and phras~ thereof~ irrespective of the fac~ ~hat any one or more sections~ subsections~ sentencess clauses or phrases be held invalid or unconstitutionalo This ordinance ~as regularly introduced and after the ~aiting time required by la~ yes thereafter passed and adopted this 5th day of October . which has been pubi' ed accordinp to law, , Date ABSENT: None MAYOR ATTEST: Gordon H. Howe CITY CLERK'