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1 ORDINANCE NO.
AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.12, ARTICLE I OF THE
STOCKTON MUNICIPAL CODE RELATING TO BICYCLE LICENSE REQUIREMENTS
BE IT ORDAINED BY THE CITY CO UNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. AMENDMENT OF CODE
Title 10, Chapter 10.12, Arti cle 1, Section 10.12.010 of t he Stockton Municipal Code is amended to read as follows:
10.12.010 Reserved.Operation without license—Unlawful.
It is unlawful for any person to operate or use a bicycle propelled wholly or in part by muscular power upon any of the streets, alleys or public highways of the City, without first obtaining from the Police Department a license therefor. (Prior code § 10-072.1) SECTION II. AMENDMENT OF CODE
Title 10, Chapter 10.12, Articl e 1, Section 10.12.030 of the Stockton Municipal Code is amended to read as follows:
10.12.030 License and plates— Identification cards.
A. The City shall provide metallic license stickersplates and renewal stickers, which said metallic license plates shall have thereon numbers stamped or printed in numerical order. Such metallic license plates shall be suitable for attachment upon the frames of bicycles, and it shall be tThe duty of the Police Department to attach one such metallic license plate to the frame of each bicycle and shall to issue to said licensee a corresponding bicycle identification card upon payment of the license fee herein provided for. Such metallic license plate stickers shall remain attached to said bicycle.
B. The Police Department shall also keep a record of the date of issue of each license, to whom issued and the number thereof. Records shall be maintained during the period of validity of the license either/or until notification that the bicycle is no longer to be operated. No bicycle license hereunder, or any transfer thereof shall be issued unless the bicycle which it covers, shall be equipped with a pro per rear reflector or rear light, as defined by the Vehicle Code of the State. (Prior code § 10-072.3) SECTION III. AMENDMENT OF CODE
Title 10, Chapter 10.12, Article 1 of the Stockton Municipal Code is amended to read as follows:
10.12.040 License renewals.
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2 Bicycle licenses shall be renew ed on January 1st of the third year following the year of registration. Renewal of a bicycle shall be indicated by a supplementary adhesive sticker affixed parallel to and above or below the metallic license plate with expiration date shown. (Prior code § 10-072.3.1)
SECTION IV. AMENDMENT OF CODE
Title 10, Chapter 10.12, Article 1 of the Stockton Municipal Code is amended to read as follows:
10.12.060 Alteration or removal of numbers on bicycle frames—Unlawful.
It is unlawful for any person to willfully or maliciously remove, destroy, mutilate or alter the number of any bicycle frame licensed pursuant hereto. It is also unlawful for any person to remove, destro y, mutilate or alter any license pl ate, seal or registration card during the time in which said license plate, seal or registration card is operative. Provided, however, that nothing herein shall prohibit the Police Department from stamping or otherwise placing numbers on the frames of bicycles on whic h no serial number can be found, or on which said number is illegible or insufficient for identification purposes. (Prior code § 10-073)
SECTION V. AMENDMENT OF CODE
Title 10, Chapter 10.12, Article 1 of the Stockton Municipal Code is amended to read as follows:
10.12.070 Purchase of secondhand bicycles.
All persons engaged in the bus iness of buying secondhand bicycles are hereby required to make daily reports to the Police Department, giving the name and address of the person from whom each bicycle is pu rchased, the description of each bicycle purchased, the frame number thereof, and t he number of the metallic license plate attached thereto, if any. (Prior code § 10-074)
SECTION VI. AMENDMENT OF CODE
Title 10, Chapter 10.12, Article 1 of the Stockton Municipal Code is amended to read as follows:
10.12.080 Sale of new or secondhand bicycles.
All persons engaged in the business of selling new or secondhand bicycles are hereby required to make a daily report to t he Police Department, giving a list of all sales made by such dealers, which list shall incl ude the name and address of each person to whom sold, the kind of bicycle sold, together with a description and frame number thereof, and the number of the metallic license plate a ttached thereto, if any. (Prior code § 10- 075)
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3 SECTION VII. AMENDMENT OF CODE
Title 10, Chapter 10.12, Article 1 of the Stockton Municipal Code is amended to read as follows:
10.12.090 Transfer of bicycle ownership.
It shall be the duty of every person who sells or transfers ownership of any bicycle, to report such sale or transfer by returning to the Police Department the registration card issued to such person or licensee thereo f, together with the nam e and address of the person to whom said bicycle was sold or transferred, and such report shall be made within five (5) days from the date of said sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a tran sfer of registration t herefor, within five (5) days from date of said sale or transfer. (Prior code § 10-076) SECTION VIII. AMENDMENT OF CODE
Title 10, Chapter 10.12, Article 1 of the Stockton Municipal Code is amended to read as follows:
10.12.100 Penalties.
A. Violation a Misdemeanor. Any person, firm or corporation who violates any provision hereof shall be deemed guilty of a misdemeanor and punishable as such.
B. Seizure and Impounding. In addition to the penalty set forth in subsection A of this section, the Chief of Police or any member of the Police D epartment of the City, may impound and retain possession of any bicycl e operated in violat ion of any of the provisions of this article and retain possessi on of the same until the license provided for herein is obtained by the owner of said bicycle.
C. Suspension of Registration. In addition to the penalties set forth in subsection A of this section, the said Chief of Polic e of the City is hereb y granted authority to suspend, for a period not to exceed 30 days, t he registration card of, and to remove the license tag from any bicycle which is operated by the owner or rider thereof in violation of or contrary to any law of the State, or any ordinance of the City, during which time, the said Chief of Police may take possession of and impound said bicycle. That at the expiration of the said period of suspension, the said registration card and license tag, shall be restored to said bicycle, and the said bicycle delivered to its owner at the office of the said Chief of Police. (Prior code §§ 10-077—10-077.3)
SECTION IX. SEVERABILITY
If any section of this ordinance or t he application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given without the invalid provisions or application, and to this end the provisions of this act are severable.
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4 SECTION X. EFFECTIVE DATE
The Ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
__________________________
KEVIN J. LINCOLN, II
Mayor of the City of Stockton
ATTEST:
______________________________
ELIZA R. GARZA, CMC
City Clerk of the City of Stockton