Chapter 10.10
OFF-ROAD VEHICLE OPERATION REGULATIONS
Sections:
10.10.010 Findings, purpose and intent.
10.10.010 Findings, purpose and intent.
A. The city council finds that there is an increase in the operation of motorcycles and other motor-driven vehicles for recreational purposes on private property and on public property in the city, and that there is a need for control of the traffic generated from this source.
B. It is further found and determined that:
1. The California Vehicle Code provides for the regulation of vehicles and operators on the public streets and highways of the state;
2. The off-road operation of licensed and unlicensed motorcycles and other motor-driven vehicles on private property and public property in the city:
a. Can generate excessive amounts of irritating dust, noxious exhaust fumes and noise;
b. Creates a high risk of igniting brush and grass fires;
c. Creates erosion in the hilly areas of the city and on unimproved property in the city;
d. Creates unimproved roads and pathways which constitute a danger and threat of accident to persons in such areas;
e. Has an adverse effect upon the public health, safety and convenience of the persons residing in the community, which constitutes a public nuisance to the residents of the city; and
f. Promotes blight and depreciates property values.
C. After examination and investigation of the existing situation, it is determined that the operation of motorcycles and other motor-driven vehicles on private and public land, except the public streets and highways, is a public nuisance, that such a public nuisance exists, and that certain controls must be imposed upon the off-road use of motorcycles and other motor-driven vehicles on private and public property of the city. [Ord. 99-10; Code 1990 § 4.5.01.]
10.10.020 Scope.
This chapter is designed to regulate the off-road vehicle traffic on private and public lands, except for public streets and highways, of registered and unregistered motorcycles and other motor-driven vehicles by all persons, whether they possess a valid California motor vehicle operator’s license or not. [Ord. 99-10; Code 1990 § 4.5.02.]
10.10.030 Prohibition.
No person shall drive or operate a motorcycle or other motor-driven vehicle on lands belonging to or occupied by another without having in his or her immediate possession and, upon request of a peace officer, displaying written permission from the owner of such lands, his or her agent, or the person in lawful possession thereof; provided, however, that this section shall not be applicable to persons having visible or lawful business with the owner, agent or person in lawful possession. [Ord. 99-10; Code 1990 § 4.5.03.]
10.10.040 Limitations.
The operation of any off-road vehicle is subject to the following limitations:
A. Operation of vehicles shall only be conducted between the hours of 9:00 a.m. and 7:30 p.m.
B. Operation of vehicles shall be not be conducted within 200 yards of an occupied dwelling, church, assembly hall, school, office, medical facility, recreation facility or other facility occupied or operated by human beings; nor within 200 yards of a barn, stable, or other structure or pasture used for the keeping of animals, except with written permission of the impacted property.
C. Operation of vehicles shall be confined to the property for which written permission has been obtained.
D. Operation of vehicles shall only be conducted during the hours and for the length of time stated in the written permission.
E. The vehicle being operated must be of the type identified in the permission. The property owner may include permission to operate more than one type of vehicle if so stated in the consent from the owner, lessee or renter.
F. The permittee shall at all times while operating vehicles under this chapter have in his possession a current and valid letter of permission and shall present it upon request to a law enforcement officer, or agent or employee designated by the city manager to enforce this chapter, for verification of the right to operate vehicles on the property.
G. The vehicles operated by the permittee shall at all times be equipped with spark arresters and muffler systems lawful in the state, in good operating condition, not of a model or size which will create unreasonable noise which will likely interfere with the reasonable enjoyment of neighboring properties, and, if adjustable, adjusted so as to minimize noise emissions and still permit the vehicle to operate with reasonable effectiveness. [Ord. 99-10; Code 1990 § 4.5.04.]
10.10.050 Exempt vehicles.
This chapter shall not apply to the use of farm vehicles for agricultural purposes, vehicles being used for grading or construction purposes, vehicles being used for governmental purposes, or golf carts being used on golf courses. [Ord. 99-10; Code 1990 § 4.5.05.]
10.10.060 Penalties.
No person shall violate any provision or fail to comply with any of the requirements of this chapter. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by this chapter is punishable as a misdemeanor, after the first offense, which shall be considered an infraction. Where the city attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person and shall be punishable accordingly. [Ord. 99-10; Code 1990 § 4.5.06.]