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Home My WebLink AboutLegislative Review AB 1051 (Benoit) - Pocket BikesCITY OF PALM DESERT Community Services Division Staff Report REQUEST: CONSIDERATION OF LEGISLATIVE REVIEW COMMITTEE ACTION ON AB 1051 (BENOIT) AT ITS MEETING OF JUNE 28, 2005 SUBMITTED BY: Patricia Scully, CFEE, Senior Management Analyst DATE: July 14, 2005 CONTENTS: AB 1051 Language RECOMMENDATION: By Minute Motion, concur with the action taken by the Legislative Review Committee at Its Meeting of June 28, 2005, and direct staff to prepare a letter of support for the Mayor's signature with regard to AB 1051 (Benoit) relative to pocket bikes. EXECUTIVE SUMMARY: Passage of AB 1051 would require manufacturers of pocket bikes to affix a sticker informing the purchaser that these vehicles are prohibited from being operated on sidewalks, roadways, or any part of a highway. BACKGROUND: Existing law regulates the operation of vehicles and combinations of vehicles on the highways, imposes certain disclosure requirements on the sale of motor vehicles and vehicles by licensed dealers, and imposes sanctions for violating these regulations and requirements. AB 1051 would require the manufacturer of pocket bikes to affix a sticker on pocket bikes with a specified printed disclosure stating that the pocket bike is prohibited from being operated on a sidewalk, roadway, or any part of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off -road motor vehicle use. This bill would also prohibit the operation of pocket bikes in the above mentioned areas. This bill would also authorize a peace officer to cause the removal and seizure of a pocket bike that is found to be operating in violation of the provisions created by the bill and would authorize the City, County, or City and County to adopt a regulation, ordinance, or resolution imposing charges equal to its administrative costs relating to the removal, seizure, and storage of the pocket bike as defined. Ensuring the pubilc safety of Palm Desert's residents and guests is of paramount importance in all instances. Due to the configuration of pocket bikes, it is often difficult, if not impossible, for motorists to observe and identify them on public roadways and highways, which could create CITY COUNCIL STAFF REPORT RE: AB 1051 JULY 14, 2005 a variety of types of public safety hazards leading to potential injury or fatality. Therefore, the Legislative Review Committee recommends that the City Council support AB 1051 and direct staff to prepare a letter stating that position to appropriate legislators for the Mayor's signature. PATRICIA SCULLY, CFEE SENIOR MANA MENT ANALYST �� t SHEILA GILL AN ACM/COMMUNITY SE V ES PS:mpg CARLOS L. ORTEGA CITY MANAGER 2 AB 1051 Assembly Bill - AMENDED Pagel of 3 B=_L NUMBER: AB 1051 AMENDED BILL TEXT A`HENDED IN SENATE JUNE 13, 2005 AMENDED IN SENATE JJNE 1, 2005 A ENDED IN ASSEMBLY APRIL 14, 2005 INTRODUCED DY Assembly "- — —RGAG-. Members Ber.o i t and Umberg (Coauthors: Assembly Members Canciamil-la, Chan, Shirley Horton, Huff, Xarnette, Liu, Mour.tjoy, Niello, Oropeza, Pavley, Ridley -Thomas, Salinas, and Torrico) FEBRUARY 22, 2003 An act to add Sections 473, 9935, 21720, and 21721 to the Vehicle Code, relating to �,ehicles. LEGISLAT=V? COUNSEL'S DIGEST AB 1051, as amended,-.2QPQ;r Benoit Pocket bikes: restrictions. Existing law regulates the ooera-ion of vehicles and combinations of vehicles upon the highways, imposes certain disclosure requirements on the sale of motor vehicles and vehicles by licensed dealers, and imposes sanctions for violating these regulations and requirements. This bill would require a manufacturer 714_.;�s— of a pocket bike, as defined by the bill, to wra.=id^ affix on the pocket- bike a sticker with a specified printed disclosure stating that the _ _ -t -4- - poc ket bike is prohibited from being operated on a sidewalk, roadway, or any part of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to cff-highway motor vehicle use . This bill would prohibit the operation of a pocket bike on a sidewalk, roadway, or any other part of a highway, or or. a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off -highway motor vehicle use. -he bill would authorize a peace cff_cer, as defined, -o cause the removal and seizure, for a specified minimum period, of a pocket bike that is found to be operating on a highway in a violation of the offense, created by the bill, prohibiting the operation of a pocket bike on a sidewalk, roadway, or anv ct:-er part of a highway, or on a bikeway, bicycle path or trail, equestrian train, hiking or recreational trail, or on public lands open to cff-highway motor vehicle use. The bill would authorize a city, county, or city and county to adopt a regulation, ordinance, or resolution, imposing charges equal to its administrative costs relating to the removal, seizure, and storage costs of a pocket bike, as provided. Because under ex -sting law a violation of the Vehicle Code is a crime, this bill would impose a state -mandated loca_ program by creating new crimes. The California Constitution requires the state to reimburse local agencies and school distriCtS for certain costs mandated by the http://info.sen.ca. gov/pub/bill/asm/ab_1051-1100/ab_1051_bill_20050613_amended_sen.... 6/29/2005 AB 1051 Assembly Bill - AMENDED Page 2 of 3 state. Statutory provisions establish procedures for making that reimbursement. --is bill would provide that no reimbursement is required by this act for a specified reason.. Vote: majority. Appropriation.: no. Fiscal committee: yes. State -mandated local program: yes. THE PEOPLE OF THE S'TA`_'E OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section. 473 is added io the Vehicle Code, to read: 473. (a) A "pocket bike" is a ~_•_ m- J two -;heeled motorized device that has a seat or saddle for the use of t-e rider, and thaz is not designed or manufactured for highway use. "Pocket bike" does not include an cff-highway motorcycle, as defined in Secticn 436. (b) For p,:rposes of this section, a vehicle is designed for hig^way use if it meets the applicable Federal Motor Vehicle Safety Standards, as contained in Title 49 of the Code of Federal Regulations, and is equipped in accordance with the requirements of this code. SEC. 2. Section 9955 is added to the pie:^icle Code, to read: 9955. (a) A manufacturers^,-' f -1 F r-r- - of a pocket Like shall affix on the pocket bike a sticker with a disclosure stating that the device is prohibited from being operated or: a sidewalk, roadway, or any part of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off -highway motor vehicle use. (b) The disclosure reauired under subdivision (a) shall rr,ee- both of t-e following requirements: (-) Be printed in not less than 14-point boldface type on a sticker that contains only the disclosure. (2) Include the following statement: "THE �`- Tr L POCKET BIKE YOU HAVE PURCHASED OR OBTAINED IS STRICTLY PROHIBITED FROM BEING OPERATED ON A ST-DEWALK, ROADRAY, OR ANY OTHER PART OF A HIGHWAY, OR ON A BIKEWAY, BICYCLE PATH. OR TRAIL, EQUESTRIAN TRAIL, HIKING OR RECREATIONAL TRAIL, OR ON PUBLIC LANDS OPEN TO OFF -HIGHWAY VEHICLE USE. A V_-OLATION OF THIS REGULATION P_AY RESULT IN PROSECUTION AND SEIZURE OF THE DEVICE." SEC. 3. Section 21720 is added to t-e Vehicle Code, to read: 21720. A pocke- bike shall not be operated or. a sidewalk, roadway, or any other parz of a highway, or on a bikeway, bicycle path or trail, equestrian trail, hiking or recreational trail, or on public lands open to off -highway mo-or vehicle use. SEC. 4. Sec ion. 21721 is added to the Vehicle Code, to read: 21721. (a) A peace officer, as defined in Chap-er 4.5 ;commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may ca-se the removal and seizure of a pocket bike, upon the notice to appear for a violation. of Section 21720. A o pocket bike so seized shall be Yield for a minimum of 48 hours. (b) A violator of this section shall be responsible for all costs littp:Hinfo.sen.ca.gov/pub/bill/asm/ab_ 1051-1100/ab_ 1051 _bill_20050613_amended_sen.... 6/29/2005 AB 1051 Assembly Bill - AMENDED Page 3 of 3 associated with the removal, seizure, and storage of the Vie— pocket bike . (c) A city, county, or city and county may adopt a regulation, ordinance, or resolution imposing charges equal to its administrative costs relating to the removal, seizure, and storage costs of a pocket bike. The charges shall not exceed the actual costs incurred for the expenses directly related to removing, seizing, and storing a pocket bike. (d) An agency shall release a seized —4Q-lx� pocket bike to the owner, violator, or the violator's agent �k^-'cwir,e— after 48 hours if all of t!:e following conditions are met: (1) The violator or a-uthorized agent's request is made daring -:ormal business hours. (2) The applicable removal, seizure, end s_orage costs have been paid by the owner, or any other responsible party. http://info.sen.ca.gov/pub/bill/asm/ab—I 05 1 -11 00/ab—1051 _bill_20050613_amended_sen.... 6/29/2005