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HomeMy WebLinkAboutAmending Chapter 20 Vehicles and TrafficORDINANCE No. 5650 -74 Passed by the Common Council of the City of South Bend, APRIL 8, 74 Attest: / City Clerk IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, APRIL 9 Approved and signed by /1-k 74 of Common Council K /"a".'°°'.� _City Clerk IRENE K. GAMMON ORDINANCE NO. 5650 -74 AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. Sections 31 through and including Section 43 of Article 4, Chapter 20 of the Municipal Code of the City of South Bend, Indiana, are amended to read as follows, to -wit: Sec. 20 -31 Definitions. (a) As used in this Article: (1) A bicycle is defined as a vehicle whose weight rests on wheels, none of which are less than sixteen (16) inches in diameter, and which utilizes direct physical human power as its major source of propulsion. A vehicle utilizing a gasoline engine or some other such device as its major source of propulsion is excluded from this definition. (2) Bicyclist means every person who rides or is in actual physical control of a bicycle. (3) Rental agency means any person engaged in the business of offering for rental or renting bicycles for use by the public. Sec. 20 -32 Bicycles; licenses required. No person shall use or operate a bicycle upon any of the streets, alleys or public highways of the city without first obtaining a license from the Director of Public Safety or his designee. Sec. 20 -33 License applications; insurance; term. (a) The Director of Public Safety or his designee is authorized and directed to issue all licenses. (b) All the licenses issued under the provisions of this Article shall expire on April 1, three (3) years after issuance. Sec. 20 -34 License decals and registration forms; specifications. The Controller shall provide license decals, together with triplicate registration forms. The license decals shall bear consecutive numbers or combinations of letters with the numbers indicating the year for which the same are issued and the name "South Bend" and "Bicycle" stamped thereon. The license decal shall be composed of a material suitable to withstand wear and the elements for a period of three (3) years. The license decal shall be affixed in such a manner that it cannot be easily removed or removed whole. The license decal shall be kept clean, and affixed in a clear, unobstructed location on the seat tube of the bicycle whenever possible. The license decal shall remain affixed in such position during the life of the license. Sec. 20 -35 Improper license decals. No person shall operate a bicycle on the streets or highways of the city with a license decal that has not been issued for the bicycle. Sec. 20 -36 License fees; replacement of lost decals. (a) The license fee to be paid for each bicycle for a three (3) year license shall be One Dollar ($1.00) and each renewal thereof shall be One Dollar ($1.00). The license fee to be paid for each bicycle for a two (2) year license shall be Seventy -Five Cents ($0.75) and each renewal thereof shall be One Dollar ($1.00). The license fee to be paid for each bicycle for a one (1) year license shall be Fifty Cents ($0.50) and each renewal thereof shall be One Dollar ($1.00). All license fees shall be paid to the General Fund at the time of registration. The license fee for each bicycle registered after the deadline for reporting ownership of a bicycle (Sec. 20 -41) shall be the normal fee (Sec. 20 -36 -a) plus $0.25 for each day after the deadline up to a maximum of twenty (20) days. (b) Upon loss of any license decal, and upon application and satisfactory evidence of such loss, a new license shall be issued upon the payment of a fee of Fifty Cents ($0.50). Sec. 20 -37 The Bicycle Registration Ordinance; creation and purposes. (a) All fees from the Bicycle Registration Ordinance shall be deposited in the General Fund. Sec. 20 -38 Records; disposition of registration forms. (a) The owner shall receive a copy of the registration form and shall retain it as proof of ownership. (b) The Controller shall receive a copy of the registration form and record all registration forms. (c) The Chief of the Police Bureau or his designee shall receive and computerize all registration forms. Sec. 20 -39 Bicycle inspections. (a) The Chief of the Fire Bureau or his designee shall inspect each bicycle previous to registration. He shall have the authority to refuse to approve any bicycle found by him to be not properly equipped or in unsafe mechanical condition. (b) The Chief of the Fire Bureau or his designee shall affix the decal in the proper place at the time of inspection. (c) The Chief of the Fire Bureau or his designee shall mark in a designated place (with a Project MARC engraver) the registration number. Sec. 20 -40 Destruction or removal of bicycle numbers, decals or cards; exception. No person shall willfully or maliciously remove, destroy, mutilate or alter the serial numbers of any bicycle frame licensed pursuant to this Article. No person shall remove, destroy, mutilate or alter any license decal or registration form during the time in which the license decal or registration form is in force. Sec. 20 -41 Change in bicycle ownership; reports. Every person who purchases or receives owner- ship of any bicycle shall report such purchase or transfer within ten (10) days thereafter to the Director of Public Safety or his -2- designee. The Director of Public Safety or his designee shall issue a new license decal and record the purchase or transfer on a new registration form upon receipt of payment of a registration fee in accordance with the provisions of Section 20 -36. Sec. 20 -42 Rental agencies; inspections. The Chief of the Police Bureau or his designee shall make periodic inspections of bicycles offered for rental by all persons engaged in the business of renting bicycles to the public. All persons so engaged in the business of renting bicycles shall be responsible for the condition of the bicycles offered for rental by them, and for equipping the bicycles with proper lights and other safety equipment as required by law. Rental agencies shall conform in all respects with all the provisions of this Article. Sec. 20 -43 Impounding of bicycles; restoration; sale. (a) If any bicycle is found upon any public street, highway or alley of the city without a license decal, or with a mutilated frame number, it shall be prima facie evidence that the bicycle is being operated on the streets and highways of the city without having been registered. The bicycle shall be immediately impounded by any member of the Police Bureau. (b) It shall only be surrendered to the owner upon proof of ownership satisfactory to the Chief of the Police Bureau or his designee, payment of the license registration fee and payment of a Four Dollar ($4.00) impounding and storage fee. Subject monies are to be placed in the General Fund. (c) At the expiration of six (6) months after the impounding, each bicycle which has not been claimed shall be sold at public auction in accordance with the laws of the state. SECTION II. Anyone who violates the provisions of this ordinance may be fined up to a maximum of $100 by a court of competent jurisdiction. SECTION III. If any section, sub - section, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by a court with competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication, except Section 20 -43 which shall be effective June 15, 1974. Passed April 8, 1974, as amended. -3- To m ttttmr 1mpurt go tot Tunwwn Toundl of tllr Titg of ftut4 vrnd: Your Committee of the Whole to whom was referred AN ORDINANCE AMENDING CHAPTER 20, VEHICLES AND TRAFFIC, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council as favorable, as amended below: SECTION I. Sections 31 through and including Section 43 of Article 4, Chapter 20 of the Municipal Code of the City of South Bend, Indiana, are amended to read as follows, to -wit: Sec. 20 -31 Definitions. (1) A bicycle is defined as a vehicle whose weight rests on wheels, none of which are less than sixteen (16) inches in diameter, and which utilizes direct physical human power as its major source of propulsion. A vehicle utilizing a gasoline engine or some other such device as its major source of propulsion is excluded from this definition. Sec. 20 -36 License fees; replacement of lost decals. Insert the following as a second paragraph under (a): The license fee for each bicycle registered after the deadline for reporting ownership of a bicycle (Sec. 20 -41) shall be the normal fee (Sec. 20 -36 -a) plus $0.25 for each day after the deadline up to a maximum of twenty (20) days. In paragraph (b), amend $0.25 to $0.50. I... .RHOS r ,V .... MINE CO. Sec. 20 -37 The Bicycle Registration Ordinance; creation and purposes. (a) All fees from the Bicycle Registration Ordinance shall be deposited in the General Fund. (b) Delete (c) Delete Sections 20 -41, 20 -42, 20 -43 and 20 -44 shall be renumbered to read: Sections 20 -40, 20 -41, 20 -42 and 20 -43. Sec. 20 -43 Impounding of bicycles; restoration; sale. In paragraph (b), amend $2.00 to $4.00. SECTION II. Anyone who violates the provisions of this ordinance may be fined up to a maximum of $100 by a court of competent jurisdiction. SECTION III. If any section, sub - section, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by a court with competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION IV. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication, except Section 20 -43 which shall be effective June 15, 1974. Delete all reference to the Bicycle Fund, wherever mentioned, and insert General Fund. Odell Newburn Chairman