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HomeMy WebLinkAbout04 FIRST READING OF ORDINANCE TO REPEAL TUSTIN CITY CODE PROVISIONS REGARDING BICYCLE REGISTRATIONS.Docusign Envelope ID: 3EFE5DEg-C71E-480B-80B0-BFC4B657B312 MEETING DATE TO FROM MAY 20, 2025 ALDO E. SCHINDLER, CITY MANAGER DAVID E. KENDIG, CITY ATTORNEY Agenda Item 4 Initial Reviewed: a`L� City Manager Finance Director N/A SUBJECT: FIRST READING OF ORDINANCE TO REPEAL TUSTIN CITY CODE PROVISIONS REGARDING BICYCLE REGISTRATIONS SUMMARY: This item recommends first reading by title only of Ordinance 1567 to repeal of the bicycle registration provisions in Tustin City Code sections 5400 - 5411. RECOMMENDATION: Conduct first reading by title only of Ordinance 1567 entitled "An Ordinance of the City Council of the City of Tustin Repealing Chapter 4 of Article 5 of the Tustin City Code Concerning Bicycle Registration", and direct staff to place the Ordinance on the next regular meeting agenda for second reading and adoption. a I►yi l :7_TO 6 There is no fiscal impact associated with this item. CORRELATION TO THE STRATEGIC PLAN: This item advances Strategy 2.a. of Goal E (Organizational Excellence and Customer Service) of the Strategic Plan because it reevaluates the effectiveness of our customer service program and uses the information to improve. BACKGROUND AND DISCUSSION: At its April 1, 2025, regular meeting, the City Council unanimously directed staff to prepare an agenda item for the City Council's consideration regarding the bicycle registration requirements set forth in Article 5, Chapter 4 of the Tustin City Code. Most of the bicycle registration requirements in the City Code were adopted in 1979 and the regulations have outlived their utility. As summarized in more detail below, City staff has evaluated the existing City Code provisions with Tustin Police Department staff and determined that the bicycle registration mandates and fees have little remaining benefit to Docusign Envelope ID: 3EFE5DEg-C71E-480B-80B0-BFC4B657B312 City Council Agenda Report Ordinance to Repeal Bicycle Registration Requirements in City Code May 20, 2025 Page 2 law enforcement or to the Tustin community at large. In fact, the law enforcement benefits of the City's ordinance are being better accomplished by an online service that is more effective and easier to use, as discussed further below. The existing bicycle registration mandates in the City Code have rarely been implemented or enforced in recent years. They are cumbersome for the City to administer and for officers and the public to use for their intended purposes, and the information gathered using 1979 approach to registrations is not readily shared with other law enforcement agencies. In addition, the fees for City bicycle licenses are capped under State law at extremely low amounts (currently $4 per year for a new bicycle, $2 per year for renewals). As a result, the bicycle licensing fees have never recovered the full costs of administering the older licensing system on the rare occasions when it was utilized. Finally, the current City Code purports to designate violations of the bike registration ordinance as misdemeanors, which are subject to fines of up to $1,000 per violation. Although that penalty provision could have been enforced when it was adopted, it is no longer enforceable. California Vehicle Code section 39011 was subsequently enacted by the State Legislature to limit fines for violations of a bicycle registration ordinance or resolution to no more than ten dollars ($10). As a result of all of the above, Tustin Police Department staff and the City Attorney recommend repeal of the bicycle registration provisions in the Tustin City Code in their entirety. A More Effective Online Alternative Already in Action The City contracts with "Project 529" for bicycle licensing permits. Project 529 can be accessed via website at www.promect529.com/Tustin. Project 529 uses an application called 529 Garage for members of the public to register their bicycles. This is a free' service to the public and assists law enforcement if a registered bicycle is ever lost or stolen. An additional benefit of using Project 529 is that law enforcement has access to bicycle registration for any jurisdiction, so the likelihood of recovering a stolen bicycle is improved. When Tustin PD locates a lost or stolen bicycle, the officer can search 529 Garage using the bicycle serial number or 529 Shield ID to locate the owner. If the bicycle is registered, the officer would be able to contact the owner and reunite them with their bicycle. If a member of the public reports their bicycle is stolen, the officer would take a police report and document the make, model, color, serial number and any other unique features to assist in locating the bicycle. If the bicycle is registered in the recommended 529 Garage The registration service is free for the public to use. Optional "529 Shield ID" decals with unique number identifiers are available online for one-time purchase, but they are optional and not required for registration. Docusign Envelope ID: 3EFE5DE9-C71 E-480B-80B0-BFC4B657B312 City Council Agenda Report Ordinance to Repeal Bicycle Registration Requirements in City Code May 20, 2025 Page 3 application, the officer will suggest the owner update the application by listing their bicycle as being stolen. This assists outside agencies if they find the bicycle in another jurisdiction. Signed by: 13C7940ADSFE4IC... Sean Thuilliez Police Chief Attachment: ESigned by: A04ABE5424CD44F... David E. Kendig City Attorney Proposed Ordinance 1567 entitled "An Ordinance of the City Council of the City of Tustin Repealing Chapter 4 of Article 5 of the Tustin City Code Concerning Bicycle Registration". Docusign Envelope ID: 3EFE5DE9-C71 E-480B-80B0-BFC4B657B312 ORDINANCE NO. 1567 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPEALING CHAPTER 4 OF ARTICLE 5 OF THE TUSTIN CITY CODE CONCERNING BICYCLE REGISTRATION. THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: SECTION I: Chapter 4 of Article 5 of the Tustin City Code entitled "Bicycle Registration" is hereby repealed in its entirety. SECTION II: If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. SECTION III: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after adoption. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2025. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: F."< 79 DocuSigned by: DA $f3R'E1 1G, City Attorney Docusign Envelope ID: 3EFE5DEg-C71E-480B-80B0-BFC4B657B312 Ordinance No. 1567 Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1567 Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1567 was duly and regularly introduced at the regular meeting of the City Council held on the 20t" day of May, 2025, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the day of , 2025, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk