HomeMy WebLinkAbout2019-05-07; City Council; ; Adoption of Ordinance No. CS-352 - Eliminating the Bicycle Licensing Program and the Requirement that Secondhand Bicycle Dealers Submit Daily Reports to the Chief of Poli@ S~~fi R~port
Meeting Date:
To:
From:
Staff Contact:
May 7, 2019
Mayor and City Council
Scott Chadwick, City Manager
Sheila Cobian, City Clerk Services Manager
sheila.cobian@carlsbadca.gov or 760-434-2917
CAReview vrv
Subject: Adoption of Ordinance No. CS-352 -Eliminating the Bicycle Licensing
Program and the Requirement that Secondhand Bicycle Dealers Submit
Daily Reports to the Chief of Police
Recommended Action
Adopt Ordinance No. CS-352 modifying Carlsbad Municipal Code 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 /Discussion
Ordinance No. CS-352 was introduced and first read at the City Council meeting held on April
23, 2019. On a motion by Council Member Schumacher, seconded by Mayor Pro Tern Bhat-
Patel, the City Council voted 5/0 to introduce the Ordinance. The second reading allows the
City Council to adopt the ordinance which will become effective thirty days after adoption.
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 have the ordinance or a summary of the ordinances published in a
newspaper of general circulation within fifteen days following adoption of the ordinance.
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 and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for viewing
at least 72 hours prior to the meeting date.
Exhibits
1. Ordinance No. CS-352
May 7, 2019 Item #4 Page 1 of 3
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 1
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.
May 7, 2019 Item #4 Page 2 of 3
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 7th day of May 2019, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
None.
None.
APPROVED AS TO FORM AND LEGALITY:
MATT HALL, Mayor
~,.f17(l7J1L_
~BARBARA ENGLESON, City Clerk
(SEAL)
May 7, 2019 Item #4 Page 3 of 3