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~;tYaf City Council Report
Santa Monica'
City Council Meeting: January 17, 2011
Agenda Item: ~' ~ pJ
Ta Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Ordinance Amending Chapter 3.20 of the Santa Monica Municipal Code,
Relating to the Licensing of Bicycles, Including Fees and Fines
Recommended Action
Staff recommends that the City Council introduce for first reading the attached proposed
ordinance relating to bicycle licensing.
Executive Summary
The California Vehicle Code regulates bicycle licensing and limits cities' authority in that
field. Among other things, State law sets maximum fees for bicycle licenses and
maximum fines for operating a bicycle without a license. This ordinance would conform
the Santa Monica Municipal Code provision on fines to the State maximum, raise the
City's current $1.00 per year licensing fee to the state maximum of $4.00 and also raise
transfer, replacement and renewal fees, clarify and simplify code provisions relating to
bicycle licensing, and conform code provisions to current practices.
Background
California Vehicle Code Section 39002 authorizes cities to adopt bicycle licensing
requirements and also establishes strict limits on local authority. Pursuant to this
authorization, Santa Monica has had bicycle licensing laws at least since the late
1970's, including laws that establish fees for licensure and a fine for operating a bicycle
without a license.
The City's current fine for operating a bicycle without a license exceeds the limit set by
State law. Staff has reviewed the matter and noted that Vehicle Code Section 39011
limits to $10.00 any municipal fine imposed for any violation of an ordinance or
resolution adopted pursuant to State law. Staff also noted that bike licensing fees
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charged by the City are below the maximums set by Vehicle Code Section 39004: $4.00
for a new license and $2.00 for transferring, replacing or renewing a license. Finally,
staff noted that several current code provisions are unnecessary because they duplicate
State law and that certain disparities exist between code provisions, which were
adopted decades ago, and current practices.
Discussion
The attached proposed ordinance would conform the City's fine for operating a bicycle
without a license to the $10:00 limit established by State law. Additionally, because
current fees for obtaining, renewing and transferring licenses do not come close to
covering the cost of operating the licensing program, the ordinance would increase fees
to the modest limits set by State law: $4.00 fora license and $2.00 for a transfer,
replacement or renewal
The ordinance would also clarify and simplify existing code provisions. For example,
the ordinance would clarify the licensing requirement authorized by State law, which is
that City residents (not visitors) must have a license in order to operate a bicycle on
public property within the City. Moreover, code provisions purporting to regulate the
activities of bicycle dealers would be deleted as unenforceable. Provisions duplicative
of State law would be deleted as unnecessary.
Finally, the ordinance would conform code provisions relating to bicycle, licensing to
existing practice. For example, references to the City Clerk administering the bicycle
licensing program would be deleted because the licensing program is operated by the
Finance Department.
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Alternatives
Because the City's licensing authority is limited in that only residents may be required to
obtain a license and because the proposed fees related to bicycle licensing are
insufficient to cover the cost of administering the licensing program, Council may wish to
consider eliminating the local licensing requirement. However, doing so could adversely
impact the Police Department's ability to address bicycle theft. Therefore, staff
recommends retaining the licensing program.
Financial Impacts and Budget Actions
Adoption of this ordinance would not have significant financial impacts upon the City. It
would result in the City receiving slightly more revenue related to bicycle licensing. Last
year, total revenue received from the $1.00 per year license fee was about $325.00.
Licensing activity has increased this year as a result of Police Department outreach
programs and revenue received year to date is about $640.00. If the ordinance were
adopted and the volume of licenses issued stayed about the same as in a typical year,
the City would likely receive about $850.00. This small amount does not come close to
the cost of administering the program.
Prepared by: Marsha Jones Moutrie, City Attorney
Approved:
Forwarded to Council:
l ~l~ ~~
Mars is Jo es Moutrie
City orne
Attachment A: Proposed Ordinance
-~s~~-~
Rod Gould
City Manager
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ATTACHMENT A
City Council Meeting: January 17, 2011 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 3.20 OF THE SANTA MONICA MUNICIPAL CODE,
RELATING TO THE LICENSING OF BICYCLES
WHEREAS, State law establishes the limits of the City's authority to require and
regulate bicycle licenses; and
WHEREAS, State law sets $10.00 as the maximum fine that the City may charge
for any violation relating to licensing of bicycles; and
WHEREAS, this ordinance is necessary to conform Municipal Code provisions to
the requirements of State law; and
WHEREAS, State law also sets the maximum fees that the City may charge for
issuance, renewal, transfer, or replacement of a bicycle license; and
WHEREAS, this ordinance is necessary to increase the City's fees up to the
maximums allowed by State law in order to defray, to the extent allowed by State law,
the City's costs of administration; and
WHEREAS,. State law requires that the use of bicycle license fees be restricted
to administration of this ordinance, to improve bicycle safety programs, and to establish
bicycle facilities.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 3.20 is hereby deleted in its entirety and replaced with the
following:
3.20.010 Bicycle defined.
G +~^ .., ..,^^n^ ^f +~~^ ~h~..+~r ~~bgicycle" shall mean any device upon which a
p, .... ~.,.,....-.. ... ....,. ~..... ~...._.
person may ride, which is propelled by human power through a system of belts, chains
or gears and which has either two or three wheels (one of which is at (east twenty
inches in diameter, +~ ~'_ ^~ *~~^;~^'° ^rrunv°m~nt) or a frame size of at least
fourteen inches or having four of more wheels.
3.20A15 Bicycle license plate required.
No resident of the City may operate a bicvcle on any street road highway, or
other public property within the City unless the bicycle has a numbered California
bicvcle license plate and a current numbered California bicycle renewal sticker.
3.20.020 License application placement of license plate on bicvcle.
(a)
~ieycle-AnV p erson may ap ply for a bicvcle license plate by submitting a comp leted
California bicv cle license ap plication to the City and paving the fee req uired b y this
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.Chapter.
(b) Upon receipt. of a completed California bicycle license application and the
fee required by this Chapter, the City r'°~~ °~ ^ +h^r,°a -~„°.,+ shall issue both t1~a
numbered California bicycle license plate and a numbered California. bicycle renewal
sticker to the applicant-~--- '..~' ------. ^ _..+ h +h° ^^r ^.,+ _f +h_ f h°r°
...~... ~... ... ~..... ~.....~. ~ "r r..__...
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...... ,.~ ~... ~--... ..,. , r. _..._..__ ... _.._ _..~
(C~ ~b~~~perSB'n x/181 +' +L+' C +' hall hey 'I~
I 1 + f +h ,+ h' I r f°° ~+ Each licensee shall "° +"" .+ +~~ .,f
°^^" "^°^°°° °^ attach the numbered California bicycle license plate and numbered
California bicycle renewal sticker '^ " ^' ' *^ on the frame of
the bicycle for which such license plate and renewal sticker are issued.
(d) No person may affix a numbered California bicycle license plate or
numbered California bicycle renewal sticker to any bicycle other than the bicycle for
which the bicycle license plate or renewal sticker are issued.
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3.20. 025 ~a„~' ,~,-a,,a *~.,cfr°c:;Transfer of license.
dt~y-ef aAny person who purchases or otherwise acquires possession of a bicycle
with a numbered California bicycle license plate shall to-apply to a-transfer a~the license
to his or her ewrn-name within ten days of such purchase or acquisition °-~t-a~
~,~ ,r c t~ ~ ~n n.~n hn.n .,
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f III !+I -~rJ h h An-,lord nrh `nh I'c+ chill inr.~d arl vrl rlrncc. of c~orh
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3.20.030 ~xpira4ion and -AT^.~°^ ~n~renewal of 9'scense.
(a} Each bicvcle license plate shall expire on the date indicated on the
numbered California bicvcle renewal sticker associated with the bicycle license plate.
1 107T~~.n un 1 of onh #h rgo_~y oae _ _
j' rJ' + h h+ ra h +h 1'
(b) Any person may renew a previously issued bicvcle license plate by
completing a California bicvcle license application and paving the renewal fee.
3.20.06035
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dc~--."..I .,, ~... ~..,.... ._.., +`J..... +L'_ t...._ __.rh ~c nnr,rn4\
Fees.
(a) Amount of fees.
(1) For each new bicycle license plate the fee shall be four dollars
{$4.00) per year or anv portion thereof;
(2) For each transfer of a bicvcle license plate to a new owner the fee
shall be two dollars ($2.00);
{3) For each replacement of a bicycle license plate the fee shall be
two dollars {$2.00); and
{4) For each. bicycle license renewal the fee shall be two dallars
($2 00) per near or anv portion thereof.
{b} Use of fees The City shall use fees collected pursuant to this Chapter for
the administration of this Chapter to improve bicycle safety programs or to establish
bicycle facilities such as bicvcle paths and lanes within the City.
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aad-fe~-t~ ,
3.20.040 Violations.
Any person violating any provision of this Chapter shall be quiltV of an infraction
punishable by a fine not to exceed ten dollars ($10.00).
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this. Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
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remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of this Ordinance would be subsequently declared invalid or unconstitutional.
~~~oT;O^a-SECTION 4. The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its adoption.
APPROVED AS TO FORM:
M RSHA NES M TRIE
Ci Attor y
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