Chapter 10.20
OFF-ROAD VEHICLES
Sections:
10.20.050 Restrictions on operation.
10.20.010 Findings.
The city council declares this chapter to be necessary because off-road use of motor vehicles and motor-driven cycles is damaging to property and disturbing to property owners and residents and is necessary to protect the public health, safety and welfare. (Prior code § 10.12.010)
10.20.020 Prohibitions.
A. No person shall operate a “motor vehicle” as defined in Section 415 of the California Vehicle Code or a “motor-driven cycle” as defined by Section 405 of the same code, other than a publicly owned motor vehicle or motor-driven cycle, upon any public 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 motor vehicle 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 motor vehicle or motor-driven cycle, other than a publicly owned motor vehicle or motor-driven cycle, upon any parcel of real property within the city, except as set forth in this chapter. (Prior code § 10.12.020)
10.20.030 Permit required.
Any person desiring to operate a motor vehicle or motor-driven cycle, and any owner of private property desiring to allow a person or persons to operate a motor vehicle or motor-driven cycle on his or her private property may do so upon first obtaining a permit from the chief of police of the city. Permits shall be issued upon his or her determination that 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, and that the proposed operation will not create any undue fire hazard by reason of the nature the vehicle and its proposed operation or by reason of the nature of the property concerned, and that such operation is of sufficient distance from occupied residences, churches, assembly halls or schools as to likely not constitute a noise, dust or fumes nuisance. (Prior code § 10.12.030)
10.20.040 Exemptions.
This chapter shall not apply to:
A. Any person who, at the time of his or her operation of a vehicle, has lawful business with the owner of the land or his or her agent or the person in lawful occupancy or possession thereof;
B. A person who is driving or operating a vehicle on public or privately owned land which is expressly set apart by the owner or lawful occupant thereof for the use of such vehicle pursuant to any permit or license issued by the city under its zoning regulations or other enabling law;
C. The operation of any vehicle being used at the time of such operation for agricultural purposes, grading or construction purposes, governmental purposes, or golf carts on golf courses;
D. The operation of “emergency vehicles,” as defined under Section 165 of the Vehicle Code, when such operation is for the purposes or by the persons enumerated in said section;
E. Any person operating or driving a vehicle upon any public highway, street, road or alley. (Prior code § 10.12.040)
10.20.050 Restrictions on operation.
The operation of any motor vehicle or motordriven cycle on any private property by authority of a permit issued in accordance with the provisions of Section 10.20.030 of this chapter shall be limited to the hours commencing at eight a.m. and ending at eight p.m. The operation of vehicles shall not be permitted nearer than two thousand (2,000) feet to any residential structure, church, assembly hall or school. Each 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 such proposed operation can be done with safety to the operator or other persons or property, all of which risks are assumed by the permittee or property owners. (Prior code § 10.12.050)
10.20.060 Appeals.
Any person whose application for a permit is denied may appeal such decision to the city council by filing a written notice of appeal within ten days after notification by the chief of police that the permit has been denied. The city council shall thereupon conduct a hearing on the appeal within thirty (30) days from the date of filing the notice of appeal with the city clerk. The decision of the city council shall be final and conclusive upon all persons concerned. (Prior code § 10.12.060)
10.20.070 Violation—Penalty.
Any person violating any of the provisions of this chapter is guilty of an infraction. (Prior code § 10.12.070)