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REGULAR MEETING APRIL 8, 1974
<br />COMMITTEE OF THE WHOLE MEETING (CONTINUED)
<br />Insert the following as a second paragraph in Sec. 20 -36 (a):
<br />The license fee for each bicycle registered after the deadline for reporting
<br />ownership of a bicycle (Sec. 20 -41) shall be the normal fee (Sec. 20 -36 -a)
<br />plus $0.25 for each day after the deadline up to a maximum of twenty (20) days.
<br />In Sec. 20 -36 (b), amend $0.25 to $0.50.
<br />Sec. 20 -37 to read: The Bicycle Registration Ordinance; creation and purposes.
<br />Sec. 20 -37 (a) to read: All fees from the Bicycle Registration Ordinance shall
<br />be deposited in the General Fund.
<br />Delete (b) and (c) .
<br />Sections 20 -41, 20 -42, 20 -43 and 20 -44 shall be renumbered to read: Sections 20 -40,
<br />20 -41, 20 -42 and 20 -43.
<br />Sec. 20 -43 (b), amend $2.00 to $4.00.
<br />Section II to read: Anyone who violates the provisions of this ordinance may be
<br />fined up to a maximum of $100 by a court of competent jurisdiction.
<br />Section III to read: If any section, sub - section, sentence, clause, phrase or
<br />portion of this ordinance is, for any reason, held invalid or unconstitutional
<br />by a court with competent jurisdiction, such portion shall be deemed a separate,
<br />distinct and independent provision and such-holding shall not affect the validity
<br />of the remaining portions thereof.
<br />Section IV to read: This ordinance shall be in full force and effect from and after
<br />its passage by the Common Council, approval by the Mayor and legal publication,
<br />except Section 20 -43 which shall be effective June 15, 1974.
<br />Councilman Taylor seconded the motion. The motion carried. It was indicated that, in the body of
<br />the ordinance, reference was made to the Bicycle Fund which had been deleted by the amendment made
<br />Councilman Parent made a motion to amend his motion to include the deletion of all reference to th
<br />Bicycle Fund, wherever mentioned, and the insertion of the General Fund, seconded by Councilman
<br />Taylor. The motion carried.
<br />Mr. Walter Lantz, Deputy City Controller, questioned Section 20 -36. He stated that the city was
<br />not allowed to appropriate money from the General Fund until a surplus was shown and a surplus is
<br />shown when all the miscellaneous revenues are received. He stated that this would not happen until
<br />the end of the year, if it happened at all. He felt implementation of the program might cost
<br />approximately $2,000 and, if the Bicycle Fund was not set up, he wondered where the money would
<br />come from. Councilman Miller stated that, in the second year of the program, the money would be
<br />anticipated in the miscellaneous revenue. Mr. Lantz stated that, if the money was receipted into
<br />the General Fund, a transfer would have to be made from someone's budget in order to cover expense
<br />incurred. Councilman Parent stated that it was felt the small sum of money needed could be
<br />managed, and he mentioned that possibly revenue sharing funds could be used. He stated that it
<br />only involved a small fund. Mr. Lantz indicated that revenue sharing money could not be used for
<br />the fund because it was considered a supply account. He stated that Mr. Gallagher would probably
<br />have to come before the Council at a later date requesting a transfer from some other fund. The
<br />motion to amend the amendment carried.
<br />Mrs. Frederick Mutzl of the Board of Directors of the St. Joseph County Fair Tax Association,
<br />wondered about the $2.00 fee being raised to $4.00. Mr. Gallagher stated that this was an impound-
<br />ment fee and it was increased because of the amount of work needed regarding the impoundment of
<br />the bikes. Mrs. Mutzl wondered if a bike would be picked up if not licensed and the owner would
<br />have to pay the $4.00 fee. Councilman Parent indicated that the owner would have to pay the fee.
<br />Mrs. Mutzl did not feel the owners should be made to pay for the return of the bikes. She felt th
<br />thieves should be caught and the owners of the bikes not penalized. Councilman Taylor asked about
<br />publicity of the new bike programs, and Mr. Gallagher answered that 12 or 13 bike - oramas would be
<br />publicized in the schools. He was hopeful that the news media would also provide announcements,
<br />etc. Councilman Szymkowiak stated that he felt Mrs. Mutzl had made a good point. He wondered aboill
<br />the bike program and if it would be effective. Mr. Gallagher stated that, given a licensing pro -
<br />gram, the department could tell which bikes are licensed originally. Once the licensing becomes
<br />comprehensive, there would be one means of identifying the bikes. Councilman Szymkowiak wondered
<br />if the bike dealers would be required to keep a list of the purchasers, and Mr. Gallagher indicate
<br />that the ordinance did not require that. He stated that he had been told the dealers do not keep
<br />a record of serial numbers. He indicated that he was requesting that they distribute the bike
<br />registration forms when the bikes are sold. Councilman Szymkowiak felt the dealers should keep a
<br />record of the serial numbers. Councilman Kopczynski felt there were many loopholes in the ordinan E
<br />He felt it should not be acted upon until the administration of the ordinance was spelled out as
<br />far as guidelines. He did not feel that people who have had bikes for years should be penalized.
<br />He wanted this to be a "fair shake" to the public. He stated that he agreed with some of the
<br />provisions; however, he recommended that the Council take no action on the ordinance at the presen
<br />time. Councilman Serge wondered if a person who had a bike stolen would have to pay the $4.00 fee
<br />Mr. Gallagher stated that, if the bike was stolen, the $4.00 impoundment fee would not be charged.
<br />He stated that the bikes abandoned and returned to the owners would not be charged with the fee.
<br />Councilman Parent made a motion to further amend the ordinance by the insertion of the following:
<br />All bicycle wholesalers and retailers are required to keep a list of bicycle serial
<br />numbers which they acquire; serial numbers shall be kept for a period of 30 days
<br />after sale of said bicycles.
<br />The motion lost due to lack of a second. Councilman Szymkowiak then made a motion that the
<br />ordinance go back to the committee for a more thorough review, seconded by Councilman Kopczynski.
<br />Chairman Newburn called for a roll call vote. The motion lost by a vote of five nays (Councilmen
<br />Miller, Parent, Taylor, Horvath and Nemeth) and four ayes (Councilmen Serge, Szymkowiak, Kopczynskj
<br />and Newburn). Councilman Parent indicated that the ordinance has been before the Council for a
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