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Home My WebLink About2019-04-23; City Council; ; Eliminate the Bicycle Licensing Program and Eliminate the Requirement that Secondhand Bicycle Dealers Submit Daily Reports to the Chief of Police~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: April 23, 2019 Mayor and City Council Scott Chadwick, City Manager Jason Jackowski, Police Lieutenant 760-931-2166 CA Review (J...,V' Subject: Eliminate the Bicycle Licensing Program and Eliminate the Requirement that Secondhand Bicycle Dealers Submit Daily Reports to the Chief of Police Recommended Action Introduce an Ordinance modifying Carlsbad Municipal Code (CMC) Chapter 10.56, by repealing Section 10.56.030 related to daily reports from secondhand bicycle dealers and repealing Sections 10.56.060, 10.56.070, 10.56.080, 10.56.100, and 10.56.110 related to bicycle registration and licensing Executive Summary The city's current licensing program is no longer necessary as state law currently requires that all secondhand dealers enter daily reports into the California Pawn and Secondhand Dealer System database. This Ordinance would eliminate the bicycle licensing program in the City of Carlsbad and eliminate the requirement that secondhand bicycle dealers enter daily reports to the Chief of Police. All amendments to the Carlsbad Municipal Code must be approved and adopted by the City Council. Discussion Carlsbad Municipal Code Chapter 10.56 Article II. Licenses (sections 10.56.060, 10.56.070, 10.56.080, 10.56.100, and 10.56.110) was originally adopted to set up a system for registering and licensing bicycles within the city. The municipal code currently requires all bicycle owners, and anyone riding a bicycle in Carlsbad to register and license the bicycle with the city. The Fire Department oversees this program which has not been widely used by either city residents or the cycling community that ride through Carlsbad. A total of 43 licenses have been issued since January 2009. Currently, the bicycle registration and licensing program is not enforced by the Police Department. The program is also not particularly useful in reuniting owners of registered bicycles with a lost or stolen bicycle that is recovered by the police since there is no statewide system for recording of bicycle registrations and a bicycle can easily be moved from one city to another. In addition, the California Department of Justice has instituted a statewide electronic reporting system and state law requires all secondhand dealers, including those that buy and sell secondhand bicycles, to register and report secondhand items received for sale in the statewide April 23, 2019 Item #3 Page 1 of 6 system (California Business and Professions Code section 21628). Requiring businesses engaged in buying and selling secondhand bicycles in the City of Carlsbad to also report those transactions to the city's Chief of Police (CMC section 10.56.030) is redundant and contrary to state law (California Business and Professions Code section 21638). Carlsbad Municipal Code sections 10.56.010 (riding on sidewalk and public facilities) and 10.56.040 (impoundment) are not affected by this action. Fiscal Analysis The bicycle licensing program was supported by the funds received from each person applying for a license; therefore, there is no foreseeable fiscal impact by repealing the bicycle registration and licensing program. Next Steps The City Clerk will prepare the ordinance for adoption at the next regular council meeting. Once adopted, the City Clerk will publish the ordinance or a summary of the ordinance in a newspaper of general circulation within 15 days. The ordinance will be effective 30 days following the adoption. Environmental Evaluation (CEQA} Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and, therefore, does not require environmental review. Public Notification This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1. City Council Ordinance 2. Redline of Carlsbad Municipal Code Chapter 10.56 April 23, 2019 Item #3 Page 2 of 6 ORDINANCE NO. CS-352 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MODIFYING TITLE 10, CHAPTER 10.56, BY REPEALING SECTIONS 10.56.030, 10.56.060, 10.56.070, 10.56.080, 10.56.100, AND 10.56.110 OF THE CARLSBAD MUNICIPAL CODE. EXHIBIT I WHEREAS, Carlsbad Municipal Code section 10.56.030 currently requires businesses engaged in buying and selling secondhand bicycles to report those transactions to the Chief of Police; and WHEREAS, Carlsbad Municipal Code section 10.56.030 conflicts with California Business and Professions Code section 21638 and is redundant of state law as California Business and Professions Code section 21628 requires that all secondhand dealers, including those that buy and sell secondhand bicycles, register and report secondhand items received for sale in the California Pawn and Secondhand Dealer System; and WHEREAS, currently Chapter 10.56 of the Carlsbad Municipal Code requires all bicycle owners and anyone riding a bicycle in Carlsbad to register and license the bicycle with the city; and WHEREAS, the City Council of the City of Carlsbad has determined that a bicycle registration and licensing program is no longer necessary or useful to city residents or law enforcement. NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that: 1. The above recitations are true and correct. 2. That Title 10, Chapter 10.56, Sections 10.56.030, 10.56.060, 10.56.070, 10.56.080, 10.56.100, and 10.56.110 of the Carlsbad Municipal Code are repealed in their entirety. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. April 23, 2019 Item #3 Page 3 of 6 INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 23rd day of April 2019, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the_ day of ___ _, 2019, by the following vote, to wit: AYES: NAYS: ABSENT: APPROVED AS TO FORM AND LEGALITY: CELIA A. BREWER, City Attorney MATT HALL, Mayor BARBARA ENGLESON, City Clerk (SEAL) April 23, 2019 Item #3 Page 4 of 6 EXHIBIT 2 CHAPTER 10.56 Artiele I, GeRerall•; 10.56.010 Riding on sidewalks and public facilities. No person shall ride a bicycle upon any sidewalk, in any public drainage facility, culvert, ditch, or channel; or any other public athletic/sports courts, or gymnasiums in the city. Law enforcement personnel shall be exempt from the provision of this section when in the performance of their duties. (Ord. CS-139 § 1, 2011; Ord. NS-151 § 1, 1991; Ord. 3062 § 8) 10,56,0~0 Dail•; reperts frem seeeRdhaRd bie•t•ele dealers. /\II persons engages in the business of buying seconahana bicycles are required to make a aaily report to the chief of police, gi>..iing name and address of the person from 11.•hom each bicycle is purchased, the description of each bicvcle purchased, the frame number thereof and the number of the license sticker found thereon, if any. /\II persons engaged in the business of selling ne111 or seconahand bicycles are required to make a daily report to the chief of police, giving a list of all sales made by such dealers, •.vhich list shall include the name and address of each person to 1.vhom sold, the kind of bicycle sold, together 111ith a description and frame number thereof and the number of the license sticker attached thereto, if any. (Ord. 3062 § 4) 10.56.040 lmpoundment. The police department is authorized to direct or to remove and hold in the office of the police department all bicycles which are found being ridden or parked in violation of this chapter until determination of the penalty period. (Ord. 3064 § 3; Ord. 3062 § 11) Artiele II. bieeRses 10.56.060 ApplieatieR Term. The city manager is authorized and directed to register and license bicycles in the city. The city manager or designated representative shall be the licensing agent for purposes of this chapter. /\ license shall be issued upon proper written application for a three year term. Bicycle licenses shall be renev.ied uniform Iv throughout the citv on January 1st of the third vear following the year of registration, to begin Januarv 1, 1979. The license, when issued, shall entitle the licensee to operate the licensed bicycle within the city as permitted by law. (Ord. 3111 § 1, 1979; Ord. 3100 § 1, 1974; Ord. 3097 § 1, 1973; Ord. 3064 § 1; Ord. 3062 § 1) 10.56.070 l=ees. The fees for bicycle registration and licenses shall be established by the city council by resolution. (Ord. NS 68 § 8, 1989; Ord. 3111 § 1, 1979; Ord. 3097 § 2, 1973; Ord. 3062 § 7) 10.56.ogo AffhdRg lieeRse stielc:ers te bie•;eles !=ire ElepartmeRt reeerds. The city shall provide license stickers together with registration cards, such stickers and registration cards having numbers stamped thereon in numerical order and the letters CBL stamped thereon. Such stickers shall be suitable for attachment upon the frames of bicycles, April 23, 2019 Item #3 Page 5 of 6 EXHIBIT 2 and it shall be the duty of the licensing agent to attach one such sticker to the frame of each bicycle and to issue a corresponding registration card to the licensee upon the payment of the license fees provided for in this chapter. Such license sticker shall remain attached during the existence of such license. The licensing agent shall also keep a record of the date of issue of each license, to whom issued and the number thereof. (Ord. 3111 § 2, 1979; Ord. 3100 § 1, 1974; Ord. 3062 § 3) lQ,56.100 Repert ef sale er traRsfer ef bic11cle Retum ef registratieR caret It shall be the duty of every person who sells or transfers ownership of any bicycle to report such sale or transfer by returning to the licensing agent the registration card issued to such person as licensee thereof, together '#ith the name and address of the person to ,Nhom such bicycle was sold or transferred. Such report shall be made within five days of the date of such sale or transfer. It shall be the duty of the purchaser or transferee of such bicycle to apply for a transfer of registration therefor within five days of such sale or transfer. (Ord. 3111 § 2, 1979; Ord. 3100 § 1, 1974; Ord. 3062 § 5) 10,56,110 OperatieR witheut liceRse prehibited. It is unlawful for any person to operate a bioycle upon the streets, alleys and public highways in the city without having first obtained a license therefor. (Ord. 3097 § 3, 1973) April 23, 2019 Item #3 Page 6 of 6 Lieutenant Jason Jackowski April 23, 2019 Bicycle Licensing Staff Recommendation •Modify Carlsbad Municipal Code Chapter 10.56 •Repeal 10.56.030 –second hand dealer reports •Repeal 10.56.060, .070, .080, .100, .110 -licensing Secondhand Bicycle Dealers •Currently required to report daily to Chief of Police –Name and address of person selling bicycle –Bicycle identifying information –Number of bicycle license, if attached Secondhand Bicycle Dealers •California Business and Professions Code 21628 (2017) –CAPSS California Pawn & Secondhand Dealer System –Report directly to state –Establishes single, state-wide repository –Redundant to report to Chief of Police Secondhand Bicycle Dealers •California Business and Professions Code 21638(b) –Current CMC is contrary to state law –Prohibits City from mandating reporting per CMC Bicycle Licensing •All bicycles operated in City must be licensed •Fire Department affixes license to frame •License valid for three years •Licensee must notify City of sale/transfer -Within 5 days -Name/address of person sold/transferred to Bicycle Licensing •Statute is overly broad •Historically has never been enforced •2009 -2016, only 43 licenses issued •Low registration diminishes assisting stolen bike recovery •Registration is $3, maximum fine is $10 •17 San Diego County cities surveyed –6 currently have bike license municipal codes Staff Recommendation Introduce an Ordinance modifying Carlsbad Municipal Code (CMC) Chapter 10.56, by repealing Section 10.56.030 related to daily reports from secondhand bicycle dealers and repealing Sections 10.56.060, 10.56.070, 10.56.080, 10.56.100, and 10.56.110 related to bicycle registration and licensing.