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Ordinance 1665Alameda City Ordin ces Ordinance So. 1665 New Series CITY OF ALAMEDA Ordinance No. 1665, New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY REPEAL- ING CHAPTER 3 OF TITLE VII THEREOF: AND ADDING A NEW CHAPTER 3 TO TITLE VII THERE- OF, CONSISTING OF ARTICLES" 1 THROUGH 6, SECTIONS 7 -311 THROUGH 7 -361, REGULATING THE OPERATION, REGISTRA- TION, LICENSING, PURCHASE A ND SALE OF BICYCLES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA: Section f. Chapter 3, Title VII of the Alameda Municipal Code - is hereby repealed. Section 2. A new Chapter 3 is hereby added to Title VII. of the Alameda Municipal' Code, which Chapter shall be entitled and composed of Arti- cles and Sections as follows: CHAPTER 3. BICYCLES Article 1. Licensing and Registration of Bicycles. Sec. 7 -311. Bicycle, Defi- nition. A bicycle is a device upon which any person may ride, propelled by human power through a belt, chain or gears. and having either two or three wheels In a tandem or tricycle arrangement. A "unicycle" is not a bicycle and shall not be ridden on public streets or highways. Sec. 7-312. It shall be unlaw- ful for any person to operate or use a bicycle in the City of Alameda which has not been registered and licensed and equipped with a license as pro. vided in this chapter, except as may . be specifically herein. exempted. Sec. 7 -313. Any non- resident of the City of . Alameda may operate in the City of Alameda any . bicycle which is duly li- censed and registered in an- other � municipality, . and equipped with such license, without obtaining an Alameda license, provided that such other : municipality wherein said bicycle is licensed extends the same privilege to residents of the City of Alameda. Sec. 7 -314: Every person de- siring a bicycle license in the City of Alameda shall make application to the Fire Depart- ment u on blanks furnished by that department• said appli- cation must be filed in dupli- cate and shall contain such information as may oe required by the Chief of Police as to the applicant and the description of the bycycle li- censed. No license shall be is- sued unless the bicycle to be licensed complies with the re- quirements of this chapter as to its safe mechanical condi- tion. Sec, 7 =315; ,......Every Berson desiring a bicycle license shall pay to the rare Department a fee of 82.00 (two dollars), ay- able at the time the bic cle is presented for licensing. Such li- cense shall be valid on the bicycle for such time as the licensing person owns said bicycle. Sec. 7 -318. Upon approval of the application, and payment of the license fee, the Fire De- partment shall issue a bicycle license which shall remain valid for as long as the re s- tered person owns said bicyc e. Sec. 7.317. The bicycle license shall expire on the day that said bicycle is sold, iven away, or discarded by thrlegal owner, as registered with the, Fire Department. (a) Every person who sells or transfers ownership of any `bicycle shall first obtain the name, address, and phone number of the person to whom the bicycle was sold and shall report such . transaction to the Police Department and give to that Department that informa- tion of the recipient of the bicycle within five (5) days from the date of the transac- tion. (b) The license on the bicycle shall not be transferable from one bicycle to another, nor from one owner to another. It shall therefore, be the duty of the purchaser or transferee of such bicycle to take the bicycle to the Fire Department and make application for a new li- cense within seven (7) days from the date of the transac- tion. (c) Upon discarding a bicycle the legal owner of same shall report such disposition to the Police : Department within five (5) days. . Sea 7.318. The size, form and character - of said bicycle li ee - nse shall he designa }�y d the Fire Department. Tne li- cense shall be affixed to the bicycle in the manner desig- nated by the Fire Department. Sec. 7.319. Upon loss of a bicycle license, the licensee shall report its loss or theft to the Fire Department within seven (7) days. Upon receipt of such report the Fire Depart- ment shall cancel the old li- cense with the Police Depart- ment and issue a new license to the licensee upon payment of a fee of twenty -five cents (25c). Alameda City Orc ces Ordinance No. 1665 New Series Article 2. Mechanical Condi- tion and Equipment of Bicy -. cles. Sec. 7 -321. Brakes. Every bicycle operated in Alameda shall be equipped with a brake which will enable the operator to skid the front or rear tire(s) upon application of said brake on dry, level, clean pavement. Sec. 7-322. Warning Devices. E v e r y bicycle - shall be equipped with a buzzer, horn, or bell in good working order, capable of emitting sound audi- ble for a distance of not less than one hundred (100) feet under normal conditions. Sec. 7 -323. Sirens and Whis- tles. It shall be unlawful for any person riding a bicycle to emit any sound, . vocally or mechanically, which resembles a siren or whistle. Sec. 7-324. Handlebar Grips. Every bicycle that is equipped with handlebar grips must have said grips securely at- tached to the handlebars so as to allow no slippage. Sec. 7 -325. Lights. Every bicycle operated during any time from dusk until dawn. or at any other time when there is insuf- ficient light to distinguish a person or vehicle on the streets or sidewalks, shall be equipped with a white light which shall be visible fora distance of at least three hundred (300) feet to the front of said bicycle. This bicycle shall also be equipped with a red reflector which shall be visible for a dis- tance of at least three hundred (300) feet to the rear of said bicycle when directly in . front of the lawful upper . beams of headlamps on a motor vehicle. A red light visible for three hundred (300) feet to the rear of the bicycle '. may be used in addition to the red reflector. Arm or leg lights may be worn in lieu or other lights if such lights are of a type approved by the Chief of Police. Article 3. Operation of Bicy- cles. Sec. 7 -331. Every person riding a bicycle upon a road- way shall be granted all of the rights and shall be subject to . all of the duties applicable to . the driver of a bicycle by this chapter, and with .certain sec- tions of the California Vehicle' Code affecting the operations of a bicycle. Every driver shall be responsible for obe ing each of these duties and : it.. shall be unlawful for any such person to disobey them. Sec._ 7-332. Riding on Side- walk. Bicycles may be ridden on the Sidewalk, except such sidewalks that pass directly in front of or . adjacent to . any stores. schools; or other build -` ings used for business purposes during the hours that such establishment is open for busi- ness. (a) Whenever any person is riding a . bicycle upon a side- walk. such person shall yield the right of way to any pedes- trian and : shall give audible signal before overtaking and passing such pedestrian. (b) It shall be unlawful for any person to ride bicycle in any pedestrian crosswalk, at a signal- controlled intersection, adjacent to any school, or one which is under the control of the school crossing guard. At all other intersections the bicy- clist shall exercise due caution before entering onto the road -. way. Sec. 7 -333. Riding on Bridges. It . shall be unlawful for any person to ride a bicycle . in the traffic lanes of any bridge leading to or from the City of Alameda. Bicycles must be walked across these bridges in the pedestrian walkways, Pro - vided, : however, if there is a barrier at least . as : high as the seat of the bicycle, between the walkway and the traffic lanes, said bicycle may be ridden across the walkway. Seca ' 7-334. Lane of Travel. Right Side of Roadway. Per- sons riding bicycles on any street of Alameda shall keep said bicycles as close to the right hand curb as possible, ex- cept when .preparing to make a left turn, and except further, that there is no bicycle path designated on that particular street: a (a) Bicycle Path. Wherever path for bicycles has been provided . adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway. Sec. 7 -335. Riding in a Group. Persons riding or operating bicycles in Alameda shall not ride more than two abreast, exec t on paths . or arts of a roadway set aside for the ex- clusive use of bicycles; provid- ed, further, that persons riding bicycles on the sidewalk shall do so in single file. Sec. 7.336 Clinging to Moving Vehicles. No person riding a bicycle in the City of Alameda shall cling or attach himself or his bicycle to any other moving vehicle, including trains, or person in any other vehicles. Seca .7 -337. Passengers. No person riding a bicycle in the City of Alameda shall carry another person on said bicycle, unless such person or passen- ger is seated upon an indi- vidual seat, or, unless there is adequate room on the bicycle seat to safely afford space for both riders. Sec. 7 -338. Towing. No person riding or operating a bicycle in the City of Alameda shall tow any other vehicle or r -- son, except that bicycle trailers used for the delivery of news- papers, magazines or mer- chandise may be towed when being used in such delivery service. A a eda City Cardin ces Ordinance No. 1665 New Series Sec. 7 -339. Carrying Articles. No person operating a. bicycle shall carry any package, vents .tne rope �ator�rhfrom keeping at least one hand upon the handlebars. Sec. 7.3310. Racing. No person riding or . operating a bicycle upon a public highway or street shall participate in any race, speed or endurance contest. Sec. 7 -3311. Trick Riding. No person riding or operating a bicycle shall rform or at- tempt to perform any acro- batic, unusual or stunt riding upon any public highway or street in the City of Alameda. Sec. 7 -3312. Traffic Controls. Every person operating a bicy- cle in the City of Alameda shall obey all traffic control devices. Sec. 7- 3313. Parking. No .per - son shall park any bicycle against windows or on the main traveled .portion of the side- walk, nor in such manner as to constitute a hazard to.pedes- trians, traffic or property. Bicycles must be parked in approved racks or such places as may be designated 'by the Chief of' Police. If there is no bicycle rack or other facilities intended to be used for the parking of : bicycles in the vicinity, bicycles may be parked on the sidewalks in an upright position parallel to and within twenty -four (24) inches of the curb. Any merchant or person desiring to construct and .erect bicycle racks may do . so after obtaining the approval of the Chief of - Police as : to the type of rack and the place where such person or merchant in- tends to erect such bicycle racks. Sec. 7 -3314. Speed. No person ' shall ride or operate a bicycle faster than is reasonable and proper, and :every bicycle shall be o rated with reasonable re -gard to the safety of the oper- ator and other persons upon the streets, sidewalks and public hi hways of the City of Alame- Sec. 7- 3315. Parks, Play- ' wounds and Schools. No person all ride or operate a bicycle upon any playground, park or school round, where children are playing, without permission of the person having supervi- sion thereof; provided, further, that if bicycle paths are avail- able in such an area the bicy- clist maay ride a bicycle upon said path.' Sec. 7 -3316. Right Turn. Every person riding or operat- ing a bicycle intending to turn to the right at an intersection or in an . alley or driveway, shall approach the . turning point in the line of traffic near- est the right hand curb of the street. Sec. 7 -3317. Left Turn. Every person riding or operating a bicycle intending to turn left at an intersection or to enter . an alley or driveway, shall ap- proach the point of turning in the line of traffic nearest to the canter of the roadway, The operator of a bicycle in turning left at an intersection shall pass jo the right of the center of the inter tion ' rre turnip unless otherwise di- rected markers buttons or sdgns. However, if said inter- section is controlled by signal lights . the left turn shall be completed by remaining on the right side. o1' the roadway and proceedinst to ride the bicycle to the far right corner . where the rider will wait for the sig- nal light to change. At the time the light changes the parson on the bicycle will proceed in their new direction remaining as close to the right curb as pos- sible. Sec. 7- 3318. U- turns. No bicy- cle shall be turned in any busi- ness district so as to proceed In the opposite direction, ex- cept at intersections where the turn will be completed to the far right side of the roadway. (a) No bicycle operated in a residence district : shall be turned so as to proceed in the opposite direction when any other vehicle is approaching. a. from either direction if such movement would create a haz- ard to either the operator or the bicycle or the vehicle. Sec. 7 -3319. Crossings. 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 riding upon such side- walk or Street area. Sec. 7 -3320, Turn Against Red Light. A right hand turn may be made at an intersection by the operator of any bicycle against a red traffic signal un- less otherwise posted, provid- ed that it is safe to begin and complete such a maneuver, Sec. 7 -3321. Passing. Every person riding a bicycle may pass to the left when passing vehicles going in the same direction only when such pass- ing maneuver can be com- pleted safely. Sec. 7 -3322. Hand Signals. No person shall turn a bicycle or stop a bicycle which he is rid: ing or operating unless such movement can be made with safety, and then only after giv- ing an a proppriate signal dur- ing . the last fifty 50) feet trav- elled by the bicycle turning or stopping. Sec. 7-3323. Methods of Giv- ing Signals — Left Turn. Every person signalling a left turn shall do so by extending his Alameda City Ordinances Ordinance No. 1665 New Series left hand and arm horizontally beyond the side of the bicycle. RightTurn. Every person sig- nalling a right turn shall do so by extending his left hand and arm upward beyond the side of the bicycle. Sec. 7-3324. The operator of any bicycle involved in an acci- dent shall take reasonable steps to ascertain whether or not anyone was injured, and shall give his name, address and the license number of his bicycle to the person with whom he was in collision; and he shall obtain the same in- formation from the other per- son. It shall be . the duty of the bicycle operator to make a written report of any accident resulting in death or injury, to the . Police Department within twenty -four (24) .hours of such accident. Article 4. Bicycle . Establish- ments — Purchase and Sale of Bicycles Sec. 7 -341. Bicycle Establish- ments. The term "bicycle . establishment" means a busi- ness operated by any person, partnership, association or . corporation wherein bicycles or bicycle : parts are purchased, sold exchanged, bartered; re- paired, remodeled, - dismantled or-junked. sec. 7 -342. No person in the City of Alameda shall estab- lish, carry on or operate a bicycle establishment, except: as authorized by this chapter, and without first obtaining a license from the City of Ala- meda. • .. .... Sec. 7-343. All persons operating a bicycle establish- ment are hereby: required to make a weekly report to the Chief of Police upon forms pro - vided for that purpose by the Chief of Police, giving the true name and address of the per- son from whom each bicycle part is purchased; description of each bicycle, its frame num- ber and the number of the li- cense found thereon, if any. This report: shall be known as the Second -Hand Buy Report, and shall be made in triplicate. The original shall be mailed or delivered to the Chief_ of Police after purchase, the duplicate 'shall be given to the seller, and the triplicate shall remain with the dealer. It shall be the duty of the dealer to mail or deliver to the Chief of Police all re- ports at the close of each week's business. Sec. 7- 344. All persons operating a bicycle establish- ment shall make a . weekly re- port to the Chief of Police upon forms provided for that pur- pose by the Chief of Police, a report of all sales made, in- eluding the name and address of each person to whom a bicy- cle is sold, together with the make, frame number and the license number attached there- to. These reports shall be known as the Sales Report, and shall be made in triplicate, the original forwarded weekly to the Chief of Police, the dupli- cate shall be given to the pur- chaser, and the triplicate re- tained by the dealer. Sec, : 7 -345. Upon receipt of the reports set forth in Sections 7 -343 and 7-344, the Chief of Po- lice shall check them to deter- mine if the . purchase or . sale is recorded in the Police Department, and that the sale or purchase is approved, and to make proper record of such transfer of ownership. Should the new owner fail to apply for registration _ or .license, the Chief of Police shall notify the new owner to do so. Sec. 7-346. No person operat- ing a bicycle establishment shall take in exchange, receive any goods. article or bicycle part or bicycle from any per- son under the age or eighteen years, . or from any person under the influence of intoxi- cating liquor. Seca 7 -347. No person operat- ing a bicycle establishment shall alter, repair or dispose of any bicycle or bicycle part pur- chased or taken in exchange as a second -hand bicycle or bicycle part thereof until after the expiration of ten (10) days from the date of urchase or exchange, and during those ten (10) days the bicycle or bicycle. part . so obtained shall remain without alteration on the prem- ises in respect: to which the li- cense is issued and shall be subject to inspection at any time during business hours by the Chief of Police, or any po- lice officer, or other person des - ignated by the Chief of Police. Article b. General Provisions Sec. 7.351, All persons en- gaged in operating a bicycle rental agency: for tie purpose of renting or lending bicycles to patrons . shall first obtain a license for each bicycle so used by paying therefor the regular license fee. Licenses thus ob- tained by bicycle rental agen- cies: shall not be transferred from one bicycle to another. Sec.. 7-352. No person shall wilfully remove, destroy, muti- late, or otherwise alter the manufacturer's serial number or the Alameda serial number, if any, on any bicycle frame, nor shall any person remove, destroy. mutilate or otherwise alter any license if valid. Sec. 7 -353. No person shall buy, sell, receive, dispose of or conceal any bicycle or bicycle equipment from which the Alameda City Ordin ces Ordnance No. 1665 New Series ulacture:rs name plate, serial number or any other dis- tinguishing mark has been re- moved, defaced, covered, al- tered or destroyed. Sec. 7-354. the serial num- ber of any bicycle is obliterated or defaced, and the possessor has satisfactory proof of owners ip, the Fire Department is hereby authorized to place an Alameda Police serial number thereon. Sec. 7 -356. All abandoned bicycles and unidentified bicy- cles remaining in the hands of the Chief of Police may, at the end of three (3) . months, be sold at public auction in the. manner . provided for in Chap- ter 4 of Title XVI of this Code for the disposition and sale of other lost and unclaimed prop- erty. Sec. 7-356. Notwithstanding the preceding section or any other provision of this Cocte, the City Manager may sell not more than fifty rcent (50%) of all such abandoned and un- claimed bicycles to the Ala- meda Junior Chamber of Com- merce for the sum of One Dol- lar ($1.00), providin said organization agrees (a) to re- sell said bicycles at auctions fn which the bidding and saie is limited and restricted to per- sons between the ages of nine (9) and seventeen (17) years, and (b) to remit to the City one -half (.) the total proceeds realized from each such auc- tion without deduction for any costs or expense. The City Manager may adopt such rules and regulations as he may deem appropriate to carry out the foregoing provi- sions. Article 6. Miscellaneous Sec. 7 -361. The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this ordi- nance. Sec. 7 -362. Bicycle Court. The Chief Of Police shall have the authority to organize a Bicycre° Citation Hearing, called "Bicy- cle Court ". Where this chapter has been violated by . juveniles under the age of eighteen (18) years, . and In lieu of . other action taken by. the City of Ala- meda, such violators may be cited into Bicycle Court. They will be arraigned, allowed to plea, and will be judged in said Court. If found guilty of the violation they may be given such sentence as the Chief of Police may approve. Section 3. Insofar as this ordinance, or any sections thereof constitute a reenact- ment of present sections of the said Chapter 3 hereby to be repealed, they shall be deemed to be a continuation of salu.;- tions and their effectiveness deemed to be uninterrupted by this ordinance. Section 4. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage TERRY LA CROIX, J.R. Presiding Officer of the Council Attest: IRMA . L. NELSON City Clerk I. the undersigned, hereby certify that the foregoing Ordi- nance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 1Sth day of April, 1972,, by the following vote, to wit: AYES: Councilmen Fore, Levy. Longaker and Presidents La G roix. Jr. (4) NOES: Councilman McCall (1) ABSENT: None IN W.ITN ESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th day of April, 1972. IRMA L. NELSON (SEAL) City Clerk of the City of Alameda A 601— Publish April 21, 1972