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FW: Santa Monica bike license penalty $1,000?
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Jim Baross
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Oct 05, 2009 09:04 PDT
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Sorry, I sent this to the old CABO list instead of the new one by mistake.
And, I'll copy to CBCs forum too.
Jim Baross
-----Original Message-----
From: Jim Baross [mailto:jimba-@cox.net]
Sent: Sunday, October 04, 2009 5:47 PM
To: 'CABO Forum'
Subject: Santa Monica bike license penalty $1,000?
Santa Monica is apparently overstepping its authority. See copies of CVC re:
bicycle registration below. Especially: Fines For Non-Compliance
39011. No fine imposed for any violation of an ordinance or resolution,
which is adopted pursuant to this division, shall exceed ten dollars ($10).
From Laist - "Jail or up to a $1000 Fine for Not Having a Bicycle License in
Santa Monica"
See http://laist.com/2009/10/02/santa_monica_police_can_throw_you_i.php
Under current
<http://www.qcode.us/codes/santamonica/view.php?topic=3-3_20-3_20_020&frames
=on> written law, Santa Monica police are able to throw any cyclists,
whether a city resident or not, into jail for not having a bicycle license.
Fines can range up to $1,000. The 1995-created law directly contradicts a
1996-written California Vehicle Code section, which states the law shall
<http://www.dmv.ca.gov/pubs/vctop/d16_7/vc39002.htm> apply to residents of
a city issuing bicycle licenses.
The city of Los Angeles does not issue bicycle licenses because state law
allows individual cities to choose whether or not to have such an ordinance
on the books. It was struck
<http://laist.com/2009/06/19/whats_next_for_bicycle_licenses_cit.php> down
earlier this year by the L.A. City Council.
However, a representative at the Santa Monica's License Division said Los
Angeles residents can send the city $3 and an application to receive a
license because they "issue them as a courtesy." Police are currently
enforcing the law, she said.
"This is a violation of human rights - an insult to dignity," said
<http://www.westsidebikeside.com/6-months-in-jail-and-1000-fine-for-riding-w
ithout-a-bike-license-in-santa-monica/> Alex Thompson, a bicycle blogger on
the Westside, noting that police blotter reports indicate the law has been
applied to homeless more often than not. "The bike licensing provision in
state law was intended [to] facilitate recovering stolen bikes, and instead
Santa Monica is using it to hassle homeless people, and a few years ago,
Critical Mass."
Santa Monica based bicycle blogger Gary Kavanagh broke
<http://garyridesbikes.blogspot.com/2009/09/illegal-to-ride-santa-monica-out
laws.html> the story yesterday evening. "What is also odd here, is that
while punishment is clearly spelled out and quite severe for not having a
bicycle license sticker, not having a license plate on a car is treated as a
parking ticket if you are away from the vehicle, and a fix it ticket if you
are present," he wrote.
Calls to the Carol Swindell, the city's Director of the Finance Department,
which issues bicycle licenses, were not immediately returned. [Update: A
representative from Swindell's office later returned our phone call. Details
can be <http://laist.com/2009/10/02/update_on_bicycle_law.php> read here]
Bicycle Registration and Licenses (Collectively Sections 39000 - 39011)
Bicycle Defined for Licensing Purposes (Also See Section 231 Above)
39000. "Bicycle", for the purposes of this division, means any device upon
which a person may ride, which is propelled by human power through a system
of belts, chains, or gears having either two or three wheels (one of which
is at least 20 inches in diameter) or having a frame size of at least 14
inches, or having four or more wheels.
Bicycle Registration Forms
39001. (a) The department shall procure and distribute bicycle license
indicia and registration forms to all counties and cities which have adopted
a bicycle licensing ordinance or resolution. Those counties and cities shall
issue the indicia and registration form to the owner of any new bicycle, and
may, upon request of the owner, issue an indicia and registration form to
the owner of any bicycle which complies with Section 39007.
The department shall charge and collect a fee, not to exceed the cost of
procuring and distributing the license indicia and registration form, for
each bicycle license indicia and registration form issued. All fees
collected pursuant to this section shall be deposited in the Motor Vehicle
Account in the State Transportation Fund. Those fees are hereby continuously
appropriated from the account for use by the department to defray costs to
procure and distribute the bicycle license indicia and registration forms.
(b) The director shall design the bicycle license indicia and
registration form described in subdivision (a), and shall establish
procedures for the distribution of the indicia and registration form to
counties and cities. The indicia shall be adhesive, durable, flexible, and
of a size to permit it to be affixed to the front of the seat tube of the
bicycle frame. Each indicia shall bear a unique license number and shall be
permanently assigned to a bicycle. Each registration form shall comply with
Section 39005.
(c) Bicycle licenses shall be renewed uniformly throughout the state on
January 1 of the third year following the year of registration. Renewal of a
bicycle license shall be indicated by a supplementary adhesive device
affixed parallel to, and above or below, the indicia, with the expiration
date showing.
Local Licensing Ordinances & Destruction of Licenses
39002. (a) A city or county, which adopts a bicycle licensing ordinance or
resolution, may provide in the ordinance or resolution that no resident
shall operate any bicycle, as specified in the ordinance, on any street,
road, highway, or other public property within the jurisdiction of the city
or county, as the case may be, unless the bicycle is licensed in accordance
with this division.
(b) It is unlawful for any person to tamper with, destroy, mutilate, or
alter any license indicia or registration form, or to remove, alter, or
mutilate the serial number, or the identifying marks of a licensing agency's
identifying symbol, on any bicycle frame licensed under this division.
Copy of License to Owner of Bicycle
39003. If a city or county has or adopts a bicycle licensing ordinance or
resolution, indicia and a copy of the registration form obtained from the
department shall be issued to the owner by the city or county or other
licensing agency designated by it.
Local Collection of Licensing Fees
39004. Each licensing agency, by ordinance or resolution, may adopt rules
and regulations for the collection of license fees. Revenues from license
fees shall be retained by the licensing city or county and shall be used for
the support of such bicycle ordinance or resolution, and may be used to
reimburse retailers for services rendered. In addition, fees collected
shall be used to improve bicycle safety programs and establish bicycle
facilities, including bicycle paths and lanes, within the limits of the
jurisdiction.
The fees required to be paid pursuant to this division are as follows:
(a) For each new bicycle license and registration certificate,
the sum shall not exceed four
dollars ($4) per year or any portion thereof.
(b) For each transfer of registration certificate, the sum shall
not exceed two dollars ($2).
(c) For each replacement of a bicycle license or registration
certificate, the sum shall not
exceed two dollars ($2).
(d) For each bicycle license renewal, the sum shall not exceed
two dollars ($2) per year.
Maintenance of Records by Local Authorities
39005. Cities and counties having a bicycle licensing ordinance or
resolution shall maintain records of each bicycle registered. Such records
shall include, but not be limited to, the license number, the serial number
of the bicycle, the make and type, of the bicycle, and the name and address
of the licensee.
Records shall be maintained by the licensing agency during the period of
validity of the license or until notification that the bicycle is no longer
to be operated.
Bicycle Retailer To Supply Registration Forms to Purchaser
39006. (a) Each bicycle retailer and each bicycle dealer shall supply to
each purchaser a pre-registration form provided by the licensing agency and
shall include, on the sales check or receipt given to the purchaser, a
record of the following information: name of retailer, address of retailer,
year and make of the bicycle, serial number of the bicycle if delivered to
the purchaser in an assembled state, general description of the bicycle,
name of purchaser, and address of purchaser. A copy of the preregistration
form shall be filled out and forwarded by the purchaser to the appropriate
licensing agency within 10 days from the date of sale.
(b) For the purposes of this division, a bicycle dealer is any
person who sells, gives away, buys, or takes in trade for the purpose of
resale, more than five bicycles in any one calendar year, whether or not
such bicycles are owned by such person. "Bicycle dealer" also includes
agents or employees of such person.
Bicycle Serial Numbers On Bike Frame (See Also Penal Code 573(e))
39007. After December 31, 1976, no bicycle retailer shall sell any new
bicycle in this state unless such bicycle has legibly and permanently
stamped or cast on its frame a serial number, no less than one-eighth inch
in size, and unique to the particular bicycle of each manufacturer. The
serial number only shall be stamped or cast in the head of the frame, either
side of the seat tube, the toeplate, or the bottom sprocket (crank) housing.
Disposal of Bicycle and Transfer of License
39008. (a) Whenever any person sells or otherwise disposes of a bicycle, he
shall endorse upon the registration certificate previously issued for such
bicycle a written transfer of same, setting forth the name, address,
telephone number of the transferee, date of transfer, and signature of the
transferrer, and shall deliver the registration certificate, so endorsed, to
the licensing agency within 10 days.
(b) Any person who purchases or otherwise acquires possession
of a bicycle shall, within 10 days of taking possession, apply for the
transfer of license to his own name. Cities and counties may establish rules
and regulations to govern and enforce the provisions of this section.
Bicycle Owners Responsibility to Notify Local Agency of Address Change
39009. (a) Whenever the owner of a bicycle licensed pursuant to an ordinance
or resolution of a city or county changes his address, he shall within 10
days notify the appropriate licensing agency of the old and new address.
(b) In the event that any bicycle license indicia or registration form
issued pursuant to the provisions of this division is lost, stolen, or
mutilated, the licensee of such bicycle shall immediately notify the
licensing agency, and, within 10 days after such notification, shall apply
to the licensing agency for a duplicate license indicia or registration
form. Thereupon, the licensing agency shall issue to such licensee a
replacement indicia or registration form upon payment to the licensing
agency of the appropriate fee.
Fines For Non-Compliance
39011. No fine imposed for any violation of an ordinance or resolution,
which is adopted pursuant to this division, shall exceed ten dollars ($10).
Jim Baross
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