Chapter 10.28
VEHICLES ON UNIMPROVED PROPERTY
Sections:
10.28.020 Operation of vehicles near dwellings.
10.28.030 Written permission required.
10.28.010 Findings.
A. The city council finds and declares that numerous motor vehicles have been driven in and upon unimproved lands located within the boundaries of the city causing serious soil erosion of slopes, hills, washes, gullies and ravines.
B. The city council further finds and declares that the excessive noise and dust emanating from and caused by such motor vehicles being driven upon and operated off the public roads and upon the unimproved lands within the city has tended to and does create a public nuisance by disturbing the quiet and repose of the citizens of the city so as to interfere with the comfortable enjoyment of life and property. (Ord. 78-11 N.S. § 1, 1978).
10.28.020 Operation of vehicles near dwellings.
No person shall operate a motor vehicle, including a motorcycle or motor-driven cycle, as such are defined in the State Vehicle Code, closer than 2,000 feet from the nearest dwelling, except as provided in this chapter. (Ord. 78-11 N.S. § 1, 1978).
10.28.030 Written permission required.
No person shall operate any motor vehicle, including a motorcycle or motor-driven cycle, as such are defined in the State Vehicle Code, on unimproved private or public property within the city without first having obtained the prior written permission of the owner thereof. Nothing in this section shall be construed so as to permit the operation of such motor vehicles in violation of BMC 10.28.020. Any person operating a motorcycle with such prior written permission shall have such permission within his immediate possession at all times while operating a motor vehicle upon such unimproved land. (Ord. 78-11 N.S. § 1, 1978).
10.28.040 Noise limitation.
No person shall operate on public or private property, other than a public street or highway, a motor vehicle, including a motorcycle or motor-driven cycle, as is defined by the State Vehicle Code, at any time or under any condition of grade, load acceleration, or deceleration in such a manner as to exceed the noise limit established for the type of vehicle being operated by the State Vehicle Code. (Ord. 78-11 N.S. § 1, 1978).
10.28.050 Exceptions.
The provisions of this chapter shall not prohibit the operation of motor vehicles when such motor vehicles are:
A. Authorized emergency vehicles as defined in the State Vehicle Code Section 165;
B. Operated upon property used for raceways, racing stadiums, or racing facilities which are authorized under the ordinances of the city;
C. Operated upon parking lots or structures open to the public, or private parking lots or structures operated solely for ingress to and egress from such parking area and parking;
D. Operated upon property primarily used for motor vehicle, motorcycle or motor-driven cycle retail or wholesale sales, service or repair, manufacture or distribution; but operated in a manner not to be offensive and which shall not disturb the peace and quiet of the general neighborhood;
E. Generally used in conjunction with commercial, industrial, or office uses and used solely in conjunction with such uses, and in a manner not to be offensive and which shall not disturb the peace and quiet of the general neighborhood;
F. Operated upon private roadways or easements necessary for ingress to and egress from property used for those purposes designated in subsections (B), (C), (D) and (E) of this section, and for no other purposes;
G. Operated upon public streets and highways; or
H. Operated on property actually used for residential purposes, where such motorcycles or motor-driven cycles are on such property at the express or implied invitation of the owner or occupant, and when such use is solely for ingress to or egress from such residential property. (Ord. 78-11 N.S. § 1, 1978).