Title
An Ordinance to Repeal Sections 10:161 and 10:163 and to Amend Section 10:162, Chapter 127, Title X (Bicycle Registration) of the Code of the City of Ann Arbor (Ordinance No. ORD-10-08)
Memorandum
The attached ordinance repeals the Sections 10:161 through 10:163 of Chapter 127, which require and govern bicycle registration. Section 10:162 is amended to clarify that the city clerk's office will not have an obligation to maintain previously created bicycle registration records after the effective date of this ordinance.
Staff
Prepared and Approved by: Abigail Elias, Chief Assistant City Attorney
Body
ORDINANCE NO. ORD-10-08
First Reading : February 16, 2010
Public Hearing : March 1, 2010
Approved: March 1, 2010
Published: March 5, 2010
Effective: March 15, 2010
BICYCLE REGISTRATION
AN ORDINANCE TO REPEAL SECTIONS 10:161 AND 10:163 AND TO AMEND SECTION 10:162, CHAPTER 127, TITLE X (Bicycle Registration) OF THE CODE OF THE CITY OF ANN ARBOR.
The City of Ann Arbor ordains:
Section 1. That Sections 10:161 and 10:163, Chapter 127, Title X of the Code of the City of Ann Arbor be repealed as follows:
10:161. Bicycle registration.(Reserved)
All bicycles sold or otherwise transferred to a resident of the City of Ann Arbor, a person engaged in the business of selling bicycles in the City of Ann Arbor or owned and operated in the city by such a resident over 12 years of age must be registered at the time of transfer of ownership or commencement of operation, provided that registration is not required at the time of wholesale transfers of new bicycles to bicycle dealers. No person over 12 years of age shall buy, sell, operate or otherwise transfer or receive ownership of a bicycle which is not registered as herein required.
10:163. Registration by dealers.(Reserved)
Persons in the business of selling bicycles at locations complying with the provisions of Chapter 55 of this Code and other responsible organizations may perform the registration functions of the City Clerk specified in section 10:162 pursuant to the following requirements:
(1) Persons seeking to perform such registrations shall apply to the City Clerk. If it appears to the City Clerk that the applicant is qualified, the applicant shall be issued adequate copies of the registration applications, registration cards, and registration tags.
(2) Persons performing registrations pursuant to this section shall comply with subsection 10:162(4) by telephoning the police department prior to registering any used bicycle.
(3) Dealers who perform registrations pursuant to this chapter shall register bicycles for anyone who requests such registration, provided that they need not register bicycles in connection with sales to or by other bicycle dealers.
(4) Within 72 hours of each registration, the dealer performing the registration shall transmit the records of the registration and the registration fee to the City Clerk, less 25 cents which may be retained for costs.
(5) If any dealer or person performing registration functions fails to comply with provisions of this chapter, the City Clerk may refuse to permit said dealer or person to register bicycles.
(6) No registration fee shall be required for the registration of used bicycles acquired by dealers for the purpose of resale.
(7) If the City makes available signs providing notice of the registration requirements of this chapter, no person shall engage in the business of selling bicycles unless at least one such sign is posted in a conspicuous location near the area of bicycle sales or displays.
Section 2. That Section 10:162, Chapter 127, Title X of the Code of the City of Ann Arbor be amended as follows:
10:162. Registration procedure.
On and after March 17, 2010, the city clerk shall have no obligation to maintain any of the records of bicycle registrations previously created and/or maintained in accordance with sections 10:161 through 10:163.
(1) All registered bicycles must have a serial number permanently marked on the frame. Such marking may be applied at the time of registration.
(2) Application for registration shall be made on forms furnished by the city clerk.
(3) Such application shall be signed by the person transferring and the person receiving ownership of the bicycle or that person's parent or spouse, provided that if registration is made under circumstances other than by transfer of ownership, only the current owner need sign the application. It shall state the address of the new owner, the make, type and color of the bicycle, the serial number of the frame and the former registration number.
(4) The City Clerk shall compare the description of the bicycle on the application with the police department records of stolen or missing bicycles and, if it appears to be such a bicycle, he shall report that fact to the police department. Such bicycles are not eligible for registration.
(5) If the bicycle is eligible for registration and upon receipt of a registration fee, the city clerk shall issue to the new owner a registration card, which will contain the name and address of the owner, a description of the bicycle and the registration number. He shall also issue the owner a registration tab, which shall contain the words "City of Ann Arbor" and the number of the registration. The registration tab shall be firmly attached to the rear of the bicycle seat tube, but shall not obscure the serial number.
(6) The City Clerk shall maintain a cross index of all such registrations providing identification by owner's name, bicycle serial number and registration number. A copy of that cross-index shall also be maintained by the Police Department.
Section 3. That this Ordinance shall take effect on the tenth day following legal publication.