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Ordinance 475 N.C.S. 04/01/1957
eY rr'�fL ORDINANCE NO 475 N.C'.Se I INTRODUCED BY COUNCILMAN SECONDED BY COUNCILMAN MILMI MERINO CRINELLA AN ORDINANCE OF THE CITY OF PETALUMA.REGULATING THE OPERATION, . REGISTRATION, ,LICENStNG,, PURCHASING AND SALE OF aCYCLW REGULATING BICYCLE ESTABLISH- MEN WITHIN THE - CITY'OF PETALUMAo AND REPEALING ORDINANCE NO. 509 C.S. AND ALL OTHER ORDINANCES IN CONFLICT HEREWITHG BE MORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWSco CHAPTER I LICENSING AND REGISTRATION OF BICYCLES Section 1. BICYCLE© The term "bicycle" means and indicates a 1 light vehicle without a motor, having two wheels, handle bars and a seat or-seats,, and propelled by the operator. Section 2. It shall be unlawful for any person to operate or use a bicy in the City of Petaluma which has not been registered and licensed and equipped with one or more license plates as provided in this Ordinance except as may be specifically herein exempt. 'Section 3. Every person desiring a bicycle license in the City og Petaluma shall make application to the Chief of Police upon blanks fq�� by him; said application must be filed in duplicate and -shall contain such information as .may .be required by the Chief of Police as to the applicant and the description of the bicycle licensed. No license shall be issued unless the bicycle to be licensed complies wi th the requirements of this ordinance as to its safe mechanical condition. Section 4. Every person desiring a bicycle shall pay to the Chief of Police a license fee of One Dollar ($1.00) , payable in advance, at the time the application is made. Said license shall be valid for three (3) years. , Section 5. Upon making an application for his first license and lice 'se plates, the applicant may , be required to be examined by an examining-officer-designated by the Chief of Police. The Chief of Police may further designate the manner of examination. Upon comple- tion of said examination, the Chief of Police may refuse to issue a licenise to the applicant if the said examination disclose,s to the -I- I Chief of Police that the applicant does not have a reasonable know- ledge of the provisions of this Ordinance,, the provisions of Section C) 452 of the Vehicle Code of the State of Caiifornia or that the applicant is unable to rea control in operating a bicycle,, Section 6. Upon approval of the application., and payment of the license fee the Chief of Police shall issue a bicycle license plate which shall be I eff eetivc f or - the years or poj thereof in which it is issued. Sec 7. The bicycle license shall expire on the 30th day of June- provided, however 'that the first license issued herein shall cover the. from July 1,, 1 957 to and including June 30, 1960. Thereafter, license issued shall 'be for a period of three (3) years front the lst day of July previous to its issuance, Section B., Application for renewal of a bicycle license expiring on the date mentione in Section 7 shall be made by the owner, between July lst and September 'Ist suc - feeding said expiration date, and shall be made by presentation -of the license plate last issued for the bicycle, and 'by the payment of the full fee for said bicycle as pro vided in this Ordinanl-e. Section 9., A penalty of Fifty Cents (50�) shall be imposed upon the bicycle owner who fails to comply with Section 8 of this Ordinance, provided, however,, that this penalty shall not be imposed- prior to the expiration of ten (10) days of ''the date of purchase upon the bicycle owner who purchases a bicycle of the renewal period; or ona bicycle for which an owner can provide adequate proof that he was unable to operate his bicycle during the renewal period due to mechanical failure or to a new resident of Petal4ma Section 10. The size,, form and char°ac,ter of said license plate shall be designated by the Chief of Police,, The license plate shall be affixed to 'the bicycle in the manner , designated by t he Chief,af Police. Section 11. Upon loss of'a license plate, the licensee shall be required to report its loss or theft within ten .(10) days.*' Up 2- Chief -' of Po'lice shall. cance this license ,receipt of such report the ChlefL and issue a new license plate to the licensee upon receipt of a fee of Ttirsenty-five Cents (25 ). Section 12. At the time of issuance of a bicycle license here- under,, the Chief of Police shall cause Petaluma serial numbers to be stamped on a place on the frame of each bicycle in numerical order, commencing with number one (1) and keep a record of the name and address of the owner of each bicycle so stamped with such serial number, - CHAPTER II I MECHANICAL CONDITION AND EQUIPMENT OF BICYCLES Section 13. Every person desiring a bicycle license must demon- strate to the Chief of Police that the bicycle for which - said applicant desires to secure license plates meets the following requirments.as to safe me6hanical conditiono, Section 13.1,,, BRAKES. Every bicy,-'Le shall be equipped with a skid the front or rear - tire of said bicycle upon brake -adequate to U application of said brake. Section 1362. WARNING DEVICES. Every bicycle shall be equipped with a horn or bell in good working order, capable of emitting sound audible for a distance of not less than 100 feet under normal conditions.' Section 1363. SIRENS AND WHISTLES. It shall be unlawful to eAuip a bicycle'with a siren or whistle. Section 1.3.4. HANDLEBAR GRIPS,, Every bicycle that is equipped with handlebar grips . must fiave said grips securely glued or cemented Ito the handlebars. Section 13.5,., CARRIERS. Every bicycle equipped with a carrier must h.Tve said carrier securely attached to said bicycle, and said carrier must, be of a type approved by the Chief of Police. Section .13.0. STAND. Every bicycle purchased after the effec- tive date of this Ordinance,, if equipped with a stand, such stand must be of a. type approved by the Chief of Police, Section 13676 LIGHTS. Every bicycle operated at any time from a half-hour after sunset to a half-hour before sunrise and at any M13 other time when there is not sufficient light to render clearly dis- cernable any person or vehicle on the streets or sidewalks,, shall be equipped with a lamp - affixed to the front of said bicycle, which lamp shall exhibit a white lightC, visible for a distance of 300 feet from the front of said bicycle, and said bicycle shall be'equipped with a red lamp affixed to the rear fender,, which lamp shall exhibit a red light visible for a distance of 300 feet from the rear of said bicycle; provided,,, however,, that a red reflector of a t ype ype approved by the Chief of Police,, may be used in lieu of said rear lamp, CHAPTER III OPERATION OF BICYCLES Section 14,, It operate a bicycle in eqdipped as otherwise bicycle is in safe mi Section ' I ,,.5,, It operate a bicycle in shall be unlawful for any person to ride or the City of Petaluma unless said bicycle is provided in. this ordinance and unless the �chanical condition. shall be unlawful for any person to ride or the City of Petaluma in violation of any of the rules of the road as set forth in - Uhis.Ordinance. ,. 1501. RIDING ON SIDEWALK. No p erson shall ride or operate a bicycle on any side.walk in 'the City of Petaluma, except as herein specifically permitted. - Section 15,,2 JUVENILES RIDING ON SIDEWALK. Juveniles under the age of exerclising due care and giving the pedestrian the right of way, may ride and operate their bicycles upon the side- walk, except such sidewalks as are in front of schools,, stores or buildings used fo business purposes. Section 1503. KEEP TO RIGHT OF ROADWAY6 Persons riding or operating bicycles on a highway or street shall keep said bicycles as close to the right hand curb as possible,, except when preparing to make a left hand t"Urn6 Section 15.4. RIDING IN A GROUP,, Persons riding or operating. bicycles in Petaluma shall not ride more than two atreas.t, except on paths or parts of a roadway set aside for the exclusive . use of bicycles, provided,, further, that persons riding bicycles on the sidewalk shall do so in single file. 1 -4- Section. 1.505. CLINGING TO MOVING VEHICLES. No, person riding or operating a bic-ly the City of Petaluma shall cling or attach him al his bicycle to any other moving vehicle or street car, or person in any other vehicle. Section 1506. PASSENGERS,, No person riding or operating a bicycle in the City of Petal.uma shall carry another person on said bicycle, unless such person or passenger is seated upon an individual seat or carrier separate from that intended to be used by the operator. No person shall ride 'upon a, bicyc as a passenger,, unless he is. seated upon an individual seat or carrier separate from that intended to be used by the operator. Section 15,,7. TOWING. No person riding or operating a bicycle in the City of Petali)ffia shall tow any other vehicle or person, except that bicycle trailers of a type approved by the Chief of Police used for the delivery of newspapers,, magazines or merchandise may be towed when being used in such delivery service. Section 15.8. CARRYING ARTICLES. No person riding or operating a bicyc'le it, the City of Pet*,alurfia shall carry any package,, bundle or article which prohibits the rider from having full control of the bicycle at all times. Section 1509,, RACING. No person riding or operating a bicycle upon - a public highway or street, shall participate in any race, speed or. endurance contest unless such race or endurance contest has the written permission of the City Manager,, and under the supervision of the Chief of Police. 'Section 15.10. TRICK RIDING. No person riding or operating a bicycle shall, perform or attempt to perform any acrobatic,, fancy or stunt riding upon any public highway or street in the City of Petaluma,, V Section 15.11. TRAFFIC SIGNALS,, Every person operating a bicycle in the City of Petaluma. shall stop for all arterial highways 0 and traffic signals. Section 15012® PARKING. No person sha.11 park any bicycle against windows or parking meters or on the main traveled portion of a sidewalk,, nor in such manner as to constitute a hazard to Pedestrians,,, traffic or property. -5- if there are no bicycle racks or other facilities intended to be used for parking of bicycles in the vicinity,,.bicycles may be parked on the sidewalk in an upright position parallel to and within 24 of the curb. Section 15.13. SPEED. No person shall ride or operate a bicycle faster than is reasonable and proper, and every bicycle shall be operated with reasonable regard to the safety of the oper- ator and other persons upon the,streets,, sidewalks and Public highways of the City of Petaluma. Section 15014. PARKS, PLAYGROUNDS AND SCHOOLS. No person shall ride or operate a bicycle upon any playground, park or school ground,, where children are playing, without permission of the person having supervision thereof. Section 15 TURNING. Every person riding or operating a bicycle upon the streets and highways of the City of Petaluma shall turn only at intersections except a� otherwise provided herein. Section 15.16. RIGHT TURN. Every person riding or operating a intending to turn to the right at an intersection or into an alley or shall approach the turning point in the line of nearest the right hand curb of the street. Section 15.17. LEFT TURN. Every person riding or operating a bicycle intending to turn left at an intersection or to enter an alley or driveway shall approach the point of turning in the line of traffic nearest to 'the center of the roadway. The operator of a bicycle in turning left at an intersection shall pass to the right of the center of the intersection before turning unless otherwise directed-by markers,, buttons or signs.. Section 15.18. U-TURNS. No bicycle shail be turned in any business district so as to proceed in the oppos direction, except at intersections. No bicycle operated in a residence district, shall be turned so as to proceed in the opposite direction when any other vehicle is approaching from either direction within 200 feet,, except at an intersection,, -6- Section 15,,19, CROSSING. The operator of a bicycle on leaving an alley or driveway, when his view of either the sidewalk or street area is obstructed shall stop such bicycle immediately prior to rid® ing upon such sidewalk or street area. `Section 15®2O* TURN RIGHT AGAINST RED LIGHT ,,. operator of a bicycle which is stopped as close as practicable to the entrance of an intersection in obedience to a red light or "Stop" signal, may make a right turn but shall yield the-right of way to pedestrians and other traffic proceeding as directed by the.signal at said inter- section unless a sign has been posted at said intersection prohibiting such turn,, Section 15.21. MEETING AND PASSING. Every person operating a bicycle shall pass to the left when passing vehicles going in the same direction, and shall pass to the right when meeting vehicles going in the opposite direction. Section 15,,22 HAND SIGNALS. No person shall turn a bicycle or stop a bicycle which he is riding or operating unless such move- ment can be made with safety, and then only after giving an appro- priate signal during the last 50 feet travelled by the bicycle before turning or stopping. Section 1.5.23. METHODS OF GIVING SIGNALS 56- LEFT TURN. Every person signalling a left turn shall do so by extending his left hand and arm horizontally beyond the side of the bicycle. RIGHT TU:ZN. E - ti-ery,person signalling a right turn shall do so by extending his left hand and arm upward beyond the side of the bicycle. STOP OR SUDDEN DECREASE OF SPEED. Every person signalling a stop shall do so by extending his left hand and arm down beyond the side of the bicycle, Section 15024,, The operator of any bicycle involved in an accident shall take reasonable steps to ascertain whether or not anyone was insured., and he shall give his name, address and the license number of his bicycle to the person with whom he was collision and he shall obtain the same information from the other person. It shall be the duty of the bicycle operator to make a written report of any accident resulting in death or inju'ry. 'to the Police Department within 24 hours of suCoh'accident. Section ?5.25. RIDING WHILE INTOXICATED. It shall be unlawful for any person to operate a.bicycle upon any street or highway of the City while under the inf luen, of intoxicating' liquor or drugs. . ..DEALERS = PURCHASE AND SALE OF BICYCLES Section 1.6. It shall be the duty of every person who sells or transfers ownership of any bicycle to report such sale or-transfer within ten days thereafter' by notifying the Chief of Police *of said sale or 'transfer together with the name and address of-the person to whom.said bicycle was sold or transferred and it-shall be the duty of the purchaser or transferee Oft such bicycle to apply for a bicycle license within ten days of said sale or transfer. .Section 17. All persons engaged in the business of buying second-hand bicycles are hereby required to make a monthly report to the Chief Of Police., giving the name and address of the . person from whom each bicycle is purchased.. the description of each bicycle pur- chased, the frame number thereof, and the -number of the license plate found thereon, if any. All persons engaged in the business of se lling elling new and second-hand bicycles are hereby required to make a monthly report to the Chief of Police, giving a list of all sales made by such dealers, the kind of bicycle sold together with a description and frame number 'thereof, and the number of the license plate attached thereto, if any. Section 18. All persons required herein to make' reports `to the Chief of Police shall make 'the same in duplicate upon. forms ,provided for that purpose by the Chief of Police. The original shall be mailed or delivered to the Chief of Pblice and the shall remain with the dealer. This report shall be known as "The Bicycle Report" Section 19. Within ten days after any bidycle registered here® under° shall-have been dismantled and taken out of operation such information shall be repo-rted to the Chief Of Police by the person lm M licensee shall turn in his license plate to the Chief of Polices CHAPTER V GENERAL PROVISIONS Section 20g No person shall wilfully remove destroy., mutilate or alter the manufactureros serial number or the Petaluma Police serial number, if any, on any bicycle frame., nor shall - any person remove, destroy,, mutilate or alter any license plate during°:the: :period in - which. §udh.:. liibenss :plate:. s, opetatives ! �. Section 21. No person shall buy,,. sell, receive, dispose of or conceal any bicycle or bicycle equipment from which the manufacturer's name plate, serial number of any other distinguishing mark has been removed, defaced, covered, altered or destroyed, Section -22m If the serial number of any bicycle is obliterated or defaced, and the possessor has satisfactory proof of ownership.. the Chief of Police is hereby authorized to place a Police Department serial number thereon,. Section 230 All- abandoned bicycles and unidentified bicycles remaining in the hands of :the Chief -of Police shall end of \ six (6) months be at auctions CHAPTER VI MISCELLANEOUS 'Section 24, Any .person who .shall:: -1ol.ate any of the provisions of this Ordinance shall,..upon- .convicti on thereof be punished by a fine of not more than :Five.Huncl.red,Dollars`( 500.00) or by imprisonment for. a .period not to exceed :.six (6) months, or by both such fine and imprisonment Section 25,. Whore this ordinance has been violated by juveniles under the age- of I8 years.. in, lieu` of such fine and imprisonment as pr ov ded in Section 24 of - this" Ordinance, and in lieu of filing charges in the. Juvenile Cou°t9 the Chief of.Police may prohibit the operation upon the streets.,, alleys. ..and;: public places in the City of Petaluma for°. a xieriod not to (exceed thirty (30..) days. of a. bicycle so used in such vio ,at on:a,, in which event . the bicycle so used in such violation shall be impounded by the Chief. of Police and retained by him during f �gm the period of the operat'icyn which is prohibited. Section 26,, Ordinance No. 509 C.S, and all other ordinances or parts of 'ordinances inconsistent and in conflict with this ordin- ance are hereby repealed. Section 27o If any se6tion, sehtence, clause or of this ordinance is held to be unconsti'tutional such decision shall not affect the validity of the remaining portions of this Ordinance. The Council of the City' of Petaluma decllares that it would have passed this Ordinance and each, section, sentence, clause or phrase thereof irrespective of the fact that any one or more.sections,, senten clauses or phrases be declared unconstitutional. Ordered published this 1.6fl i day of _MR:LL L _ 1 - AYES o Councilmen Adar.i),s, j3rawr, Crtnella (Gilustat- Kjng, Mayqr -Scho6ningh. NOES o. None. ABSENT 00 COUP-cilmnsan Bigelow. yor Attest. GLADYS WALLIN. City ClerR I -10., 3o: I hereby certify that the within ordinance was posted in one public place in the City of Petaluma, to -wit: In the City Hall on the 21st day of March, 1957. I hereby certify that the whole number of members of the Council of the City of Petaluma is seven, and that the foregoing ordinance was passed by the Council at its meeting of the 1st day of April, 1957, by the following vote, to - wit: AYES: Councilmen Adams, Bigelow, Brown, Crinella, King and Mayor Schoeningh. NOES: Norte: --± ABSENT: Councilman Gustafson. Attest: /-, (SEAL) City Clerk. -The foregoing,.Ordinance Number 475 N. C. S., having been regularly passed an presented -to me this 1st day of April, 1957, is hereby approved by me this l st day of April, 1957. EFFECTIVE DATE: May 1, 1. 957. 1 1