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Ordinance 1979-16 ORDINANCE NO AN ORDINANCE REQUIRING THE LICENSING AND REGISTERING OF BICYCLES WITHIN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS WHEREAS, the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE has determined that the identification and registration of bicycles will greatly assist in the tracing of lost and stolen bicycles and inhibit the theft thereof, NOW, THEREFORE, BE IT ORDAINED by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE as follows: SECTION 1: DEFINITIONS a. Bicycle means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than 16 inches in diameter. b. A Bicycle retailer means any person, firm, partnership, or corporation which is engaged wholly, or partly, in the business of selling bicycles at retail, or otherwise dealing in bicycles at retail, whether or not such bicycles are owned by such person or entity. The terms also includes agents or employees of such person or entity. SECTION 2: REGISTRATION No person shall ride or propel a bicycle upon any of the streets, alleys or public highways or upon any public path set aside for the exclusive use of bicycles in the City of Yorkville, Illinois, without first registering and obtaining a license for such bicycle from the Yorkville Policy Department and having the license attached thereto as hereinafter provided. SECTION 3: APPLICATION FOR REGISTRATION AND LICENSE a. The Yorkville Police Department is hereby authorized and directed to issue such license and registration, upon written application, to bicycles, which shall be effective until the next succeeding 30th day of October, not to exceed five years. Any said license shall entitle the licensee thereunder to operate the bicycle, for which the same is issued, upon the streets, alleys, and public highways and upon any public path set aside for the exclusive use of bicycles within the City of "lorkville, Illiroi.s, for the duration of the license. b. Before issuing any bicycle license or registering the ownership of a bicycle, the Yorkville Policy Department shall use reasonable diligence in ascertaining whether the facts set forth in the application are true. A license and registration shall not be issued unless the Yorkville Police Department is satisfied that the applicant is the lawful owner of such bicycle or otherwise entitled to have the same registered and licensed in his name, or by affidavit satisfy the Yorkville Police Department that the same has not been stolen or lost. SECTION 4 : INSPECTION OF BICYCLES The Yorkville Police Department shall inspect each bicycle before registering and licensing the same and shall refuse a license for any bicycle which is determined to be in unsafe mechanical con- dition. SECTION 5: LICENSE TAG AND REGISTRATION CARD a. The Yorkville Police Department shall provide (each year) tags and seals having registration numbers stamped thereon, commencing with the number "1" and indicating the year for which same is issued, suitable for attachment upon the frame or rear of each bicycle. It shall be the duty of the Yorkville Police Department to attach one of the tags to the frame or rear of each bicycle upon the issuance of a license. Said tag shall at all times, during the license year (s) for which it is issued, remain so attached. At the time of the issuance of the license, the Yorkville Policy Department shall also issue to the person obtaining the license, a registration card, which said card shall bear the license and registration number of such bicycle. Records shall be maintained by the Yorkville Police Depart- . ment, and the person obtaining such license, during the period of validity of the license or upon notification that the bicycle is no longer to be operated. b. The Yorkville Police Department shall_ designate and stamp on the frame of any bicycle on which no serial or frame number can be found, or on which said number is illegible or insufficient for identification purposes. SECTION 6: REMOVAL OF LICENSE FORBIDDEN a. It shall be unlawful for any person to remove, destroy, mutilate, alter, or counterfeit any license tag during the time in which such license tag is operative. b. No person shall destroy, remove, alter, cover, or deface manufacturer' s serial or frame number on any bicycle. No person shall own or have custody of a bicycle which has had the manu- facturers' serial or frame number destroyed, removed, altered, covered or defaced, without first satisfying the Yorkville Policy Department by affidavit explaining the reasons thereof. -2- SECTION 7 : REFUSAL AND REVOCATION OF REGISTRATION AND LICENSE If the Yorkville Police Department shall determine at any time that an applicant for a license on, and registration of, a bicycle is not the lawful owner of such bicycle, or is not entitled to have the same licensed and registered in his name, it may refuse to issue the license and to register the bicycle for a like reason, and after notice and hearing, revoke the license and registration of same already acquired on any such bicycle. Such notice shall be served in person or by registered mail, shall be in writing, shall give the holder of the license and registration or the transferee of same at least three (3) days notice of the time of the hearing. SECTION 8 : PURCHASE OF NEW BICYCLES It shall be the duty of every retailer within the corporate limits of the City of Yorkville, Illinois, who sells a new bicycle for the first time after receipt from the manufacturer to furnish the purchaser thereof with a bill of sale. Such bill of sale or sales invoice shall show: (1) The name and address of the person to whom new bicycle is sold; (2) The make and model and year of manufacturer (if applicable) ; (3) Serial number of said bicycle; The bill of sale or sales invoice must be retained by the purchaser and submitted to the `.!o.rkville Police Department for the initial registration for license as hereinbefore required. SECTION 9: RECORDATION OF TRANSFER a. Whenever the owner of a bicycle licensed pursuant to this ordinance sells or otherwise disposes of a bicycle, he shall within 10 days notify the Yorkville Police Department of such dis- position. b. Any person who purchases or otherwise acquires possession of a bicycle shall within 10 days of taking possession apply for the transfer of license to his name. Rules and regulations to govern and enforce the provisions of this section shall be established pursuant to local authority. C. Whenever the owner of a bicycle licensed pursuant to this ordinance changes his address, he shall within 10 days notify the Yorkville Policy Department of the old and new address. SECTION 10 NON-RESIDENT Any non-resident may operate any bicycle which is duly r licensed and registered in any municipality in Illinois, and equipped with a license tag, without obtaining a local license. SECTION 11: FALSE STATEMENTS ON APPLICATION Any person who shall knowingly make any false statement of a material fact, either in his application for a license or registration of a bicycle, or for a transfer of same, or in any assignment thereof, or who with intent to procure or pass title to any such bicycle which he knows or has reason to believe has been stolen, shall receive or transfer possession of the same from or to another, or shall have in his possession any bicycle which he knows or has reason to believe has been stolen, and who is not any officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a Class "A" Misdemeanor. SECTION 12: This ordinance shall be effective from and after its passage and publication as required by law. PAS SSED this /�� day of A�t, 1979 . c e k 4!1 City Clerk- APPROVED this /,"�'f dray of fit, 1979 . ayo -4- -/5i, -