CHAPTER 10.48
MOTORCYCLES
Section
10.48.030 Prohibited operations
10.48.010 SCOPE.
This chapter is designed to regulate the operation of registered and unregistered motorcycles and motor-driven cycles by all persons, whether they possess a valid California motor vehicle operator’s license or not, upon unimproved private property and upon all public property except highways, in the City.
(Ord. 410, § 1, passed -- 1972)
10.48.020 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for the purpose of vehicular travel. HIGHWAY includes STREET.
MOTORCYCLE. Any motor vehicle other than a tractor having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground and weighing less than 1,500 pounds.
MOTOR-DRIVEN CYCLE. Any motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) horsepower, and every bicycle with motor attached.
UNIMPROVED PRIVATE PROPERTY. Any parcel of land which either contains no structures or which is not surfaced with cement, concrete, asphaltic concrete, or other similar material, or which does not have a hard surface made up of a mixture of rock, sand, or gravel bound together with a chemical or mineral substance other than natural soil.
(Ord. 410, § 2, passed -- 1972)
10.48.030 PROHIBITED OPERATIONS.
A. No person shall operate a motorcycle or motor-driven cycle other than a publicly owned motorcycle or motor-driven cycle, upon any public sidewalk, walkway, parkway, or in any public park or recreational area or upon any other publicly owned property, except highways, within the City. This shall not be construed to prohibit the operation of a motorcycle or motor-driven cycle having a valid California vehicle registration by any person possessing a valid California operator’s license upon the public highways in the City.
B. No person shall operate a motorcycle or motor-driven cycle, other than a publicly owned motorcycle or motor-driven cycle, upon any unimproved parcel of real property within the City except as set forth in § 10.48.040.
(Ord. 410, § 3, passed -- 1972)
10.48.040 EXCEPTIONS.
A. Any person desiring to operate a motorcycle or motor-driven cycle, and any owner of private property desiring to allow a person or persons to operate a motorcycle or motor-driven cycle on his or her private property may do so upon first obtaining a permit from the Chief of Police.
B. Permits shall be issued upon his or her determination that:
1. The owner or owners of the real property concerned, or the person or persons in lawful possession thereof, have consented in writing to the proposed operation;
2. The City Fire Marshal has certified that the proposed operation will not create any undue fire hazard by reason of the nature of the vehicle and its proposed operation or by reason of the nature of the property concerned; and
3. The operation is of sufficient distance from occupied residences, churches, assembly halls or schools, as to likely not constitute a noise, dust, or fumes nuisance.
(Ord. 410, § 4, passed -- 1972)
10.48.050 OPERATION BY PERMIT.
The operation of any motorcycle or motor-driven cycle on unimproved private property by authority of a permit issued in accordance with the provisions of § 10.48.040 shall be limited to the hours commencing one-half hour before sunrise and ending one-half hour after sunset. The operation of the vehicles shall not be permitted nearer than 200 yards to any residential structure, church, assembly hall, or school. Each permit so issued shall specify the effective date or dates of operation for which the permit is valid and shall further specify the area or areas of permitted operation. The permit shall be displayed on the vehicle at all times and shall be presented to any peace officer on request. The permit is not, and shall so state on its face, an expression by the City that the proposed operation can be done with safety to the operator or other persons or property, all of which the risks are assumed by the permittee or the property owner.
(Ord. 410, § 5, passed -- 1972)
10.48.060 APPEAL.
Any person whose application for a permit is denied may appeal the decision in accordance with the procedures described in Chapter 1.08
(Ord. 900, § 19, passed 12-12-2011)
10.48.070 VIOLATION - PENALTY.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable as provided in Chapter 1.12.
(Ord. 874, § 29, passed 8-25-2008)