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sr-011711-7bc7® ~;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 1 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. 2 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 3 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. 1 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 2 .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..__... ~• ...... ,.~ ~... ~--... ..,. , 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. 3 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 ., 4 ~ ~n raAn B;n.,nle .an~In>c f III !+I -~rJ h h An-,lord nrh `nh I'c+ chill inr.~d arl vrl rlrncc. of c~orh +h ~ v... M t4.arn~+n 'f_~~ 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 5 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. 8 f f nnn rl nllor /~ z'n nQn e' ~ e:..R en e~,.,,a 6 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 7 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 8