CHAPTER 1
CRIMES AGAINST PUBLIC PEACE AND ORDER
ARTICLE 5. MOTORCYCLES: OFF-HIGHWAY MOTOR VEHICLES
SECTION:
§6040 FINDINGS AND PURPOSE
The City Council finds:
A. That the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the limits of the City is and can be the cause of noise and dust and of the destruction of plants, landscaping, and other personal and real property, which conduct adversely affects the comfort and privacy of occupants, and residents of the City. Because said conduct may be intermittent, fleeting, moving, or caused by persons who are minors, the other provisions of this Code, as well as other legal remedies, are inadequate to control said conduct and its adverse effects. The provisions of this Section relating to the regulations of motorcycles, motor-driven cycles, or off-highway motor vehicles are therefore necessary for the public welfare.
B. That the purpose of this Section is to exercise the police power in order to protect the enjoyment and use of public and private property, to protect the rights of privacy, and to preserve property and personal values and to promote peace and quiet within the City by regulating the use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the City.
This Section shall not apply to the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway motor vehicles on street and highways or in other areas which are specifically governed or preempted by the Vehicle Code or any other statutes of the State of California. (Ord. 692, §1, adopted 1977)
§6041 OPERATION VIOLATION
It shall be unlawful for any person to drive, ride, or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in Sections 400, 405, and 38012 respectively of the Vehicle Code of the State of California, including but not limited to motor scooters, motor bikes and mini-bikes, upon any public or private property which is not on improved public street or highway, or an improved private street constructed in accordance with City standards and approved by the City, except that this Section shall not apply in any of the following instances:
A. Where such vehicle is being driven, ridden, or used upon property by the owner, resident or tenant of such property, or by an authorized visitor when such visitor is accompanied by or has a written authorization in his possession from the owner, resident or tenant of such property.
B. Where such use is permitted pursuant to a use permit or otherwise in accordance with the zoning regulations of the City. (Ord. 692, §1, adopted 1977)
§6042 MUFFLERS
It shall be unlawful for any person to drive, ride or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in Sections 400, 405 and 38012 respectively of the Vehicle Code of the State of California, including but not limited to motor scooters, motor bikes and mini-bikes, upon any public or private property which is not an improved public street or highway, or an improved private street constructed in accordance with City standards and approved by the City, unless said motorcycle, motor-driven cycle, or off-highway motor vehicle is at all times equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38370 of the Vehicle Code of the State of California, as the same now exists or may hereafter be amended, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device. The provisions of this Section shall not apply if the enumerated vehicles are being operated on a lawfully zoned and operating race track. (Ord. 692, §1, adopted 1977)
§6043 COORDINATION
The regulations contained herein do not supersede or preclude the enforcement of the zoning regulations or any other regulations contained in this Code which are applicable to any conduct regulated hereby. (Ord. 692, §1, adopted 1977)
§6044 VIOLATION
Violations of this article are hereby declared to be infractions and violators shall be punished by a:
A. Fine not to exceed fifty dollars ($50.00) upon first conviction;
B. Fine not to exceed one hundred dollars ($100.00) upon second conviction within one year of first conviction;
C. Fine not to exceed two hundred fifty dollars ($250.00) for a third or any subsequent conviction within a one year period. (Ord. 692, §1, adopted 1977)