As used in this chapter, the following definitions shall apply:
A. RETAIL OWNER. Any person conducting, carrying on or managing any business consisting of selling at retail any goods, wares, merchandise or commodities, whether new or used.
B. BUYER. Any person buying, purchasing, or receiving any goods, wares, merchandise or commodities.
C. POCKET BIKE. Any mini-motorcycle or other two-wheeled device designed to be sat upon by the operator, capable of propelling without human propulsion, and lacking a vehicle identification number.
D. MOTORIZED SCOOTER. Any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an electric or gas motor that is capable of propelling the device with or without human propulsion. For purposes of this section, a motorcycle, as defined in Section 400, a motor-driven cycle, as defined in Section 405, a motorized bicycle or moped, as defined in Section 406, or a toy, as defined in Section 108550 of the Health and Safety Code, is not a motorized scooter.
E. Whenever any other words or phrases are not defined herein, but defined in the Vehicle Code of the state, such definitions shall apply. (Ord. 2005-02 § 1(part), 2005).
A. Pocket bikes are prohibited from driving upon public streets and sidewalks in the city.
B. Motorized scooters may only drive on city streets where the speed limit is 25 MPH, in the bike lane where one is provided, and only when the driver has a license or instruction permit. Every person operating a motorized scooter shall have all the rights and is subject to all the provisions applicable to the driver of any other motor vehicle as established under Chapter 10 of the Pinole Municipal Code.
C. Retail owners shall provide to each buyer upon sale of a pocket bike or motorized scooter a copy of Pinole Municipal Code Chapter 10.69, along with the following information:
1. California Vehicle Code § 405 | Motor-driven Cycle |
2.California Vehicle Code § 407.5 | Motorized Scooter |
3.California Vehicle Code § 4000(a) | Unregistered Vehicle |
4.California Vehicle Code § 12500(a) | Unlicensed Driver |
5.California Vehicle Code § 16028(a) | No Proof of Insurance |
6.California Vehicle Code § 21209(a) | Motor Vehicle in Bike Lane |
7.California Vehicle Code § 21221 | Applicability of Provisions |
8.California Vehicle Code § 21223 | Visibility |
9.California Vehicle Code § 21228(a) | Rules of the Road |
10.California Vehicle Code § 21229(a) | Bicycle Lanes |
11.California Vehicle Code § 21230 | Bicycle Paths, Trails, or Bikeways |
12.California Vehicle Code § 21235 | Operation Restrictions |
13.California Vehicle Code § 21663 | Driving on a Sidewalk |
14.California Vehicle Code § 24002(b) | Vehicle Not Property Equipped |
15.California Vehicle Code § 24400 | Headlight Required |
16.California Vehicle Code § 24600a) | Tail Lamps - One Required |
17.California Vehicle Code § 24603(a) | Stop Lamp Required |
18.California Vehicle Code § 27465(B) | Bald Tires |
19.California Vehicle Code § 27803(b) | DOT Approved Helmet Not Worn |
D. All information provided by the retail owner shall include a signed acknowledgment by the retail owner and the buyer that such information has been received. The retailer must retain such acknowledgments for possible city review. (Ord. 2005-02 §1(part), 2005).
A citation may be issued in accordance with § 1.12.020. A person charged with an infraction is guilty of a separate offense for each and every day that he or she sold a pocket bicycle or motorized scooter without providing the information required in § 10.69.020. (Ord. 2005-02 §1(part), 2005).