Brea Municipal Code Ch. 10.36 Motor Vehicles on Private Property

No person shall start or run the motor of, or drive any self-propelled vehicle, including any motorcycle, motordriven cycle, minibike, trail bike, motor scooter, jeep and dune buggy, upon any privately owned land, unoccupied or without any structure or paving thereon, in the city, not owned by him or her or in his or her lawful possession, without then having upon his or her person the written consent to do so executed and acknowledged before a notary public by the lessee of, or the holder of the record title to, such land or a certified copy of the notice of consent to so use such land made and recorded pursuant to Cal. Civ. Code, § 813. No person shall so use any land in the city after the receiving of a notice of revocation of such recorded notice of consent in the event of use by the general public or after the recording and service by registered mail upon such person of the notice of revocation in the event of use by other than the general public, or after the service upon such person personally or by registered mail of any notice in writing executed by the lessee of, or the holder of the record title to, such land that any consent to such use theretofore given is terminated.

(1961 Code, § 14A.1; Ord. 492)

No person shall start or run the motor of, or drive, any self-propelled vehicle upon any privately owned land, unoccupied or without any structure or paving thereon, in the city, not owned by him or her or in his or her lawful possession, within one hundred (100) feet of any dwelling, church, school or place of assembly, not owned by him, or under his or her control, without then having upon his or her person the written consent to do so signed by an adult occupant of each of such dwellings, and by a person having control of each of such churches, schools or places of assembly. No person shall so use any such land after being served personally or by registered mail with a notice executed by any adult occupant of any such dwelling or by any person in control of any such church, school or place of assembly, stating that such consent is terminated.

(1961 Code, § 14A.2; Ord. 492)

No person shall fail or refuse upon the request of any police officer to deliver to him or her for inspection any consent required by this chapter.

(1961 Code, § 14A.3; Ord. 492)

No person shall start or run the motor of or drive, any self-propelled vehicle upon any privately owned land in the city unless such vehicle is then equipped and functioning with all noise inhibitors sufficient for it to be then lawfully driven upon a public highway in the city.

(1961 Code, § 14A.4; Ord. 492)

Nothing contained in this chapter shall permit any use of any public park land or other publicly owned land. The provisions of this chapter shall not apply to any such land or to the use of lawnmowers, edgers or other landscaping equipment or to the use of any excavating, grading or weed eradicating equipment or to the starting or running of the motor or to the driving, of any self-propelled vehicle at any place one thousand five hundred (1,500) feet or more from the nearest dwelling, church, school or place of assembly or to any property permitted by law to be used for the business of repairing or selling any self-propelled vehicle.

(1961 Code, § 14A.5; Ord. 492)

The Recitals, Part A, of Ordinance 1005, on file in the office of the City Clerk, are in all respects found, determined and ordained by the City Council.

(1961 Code, § 14A.6; Ord. 1005, 12-1-1997)

The City Council specifically finds, declares and ordains that certain roads encircling the: (1) Brea Financial Center, 220 - 290 S. State College, (2) Brea Plaza, 411 - 477 S. Associated and 1500 - 1700 E. Imperial, (3) Brea West Shopping Center, 1211 - 1289 W. Central, (4) Imperial Plaza Shopping Center, 700 - 812 E. Imperial, (5) Brea Center/Vons, 720 - 796 N. Brea, (6) Brea Mall, 100 - 2199 Brea Mall, (7) Brea Village North, 1001 - 1033 E. Imperial, (8) Brea Towne Center, 100 -1050 E. Imperial, (9) Brea Marketplace, 735 - 975 E. Birch, (10) Lucky Center, 2500 E. Imperial, (11) Brea Ranch Center, 900 - 956 E. Imperial, (12) Brea Heights Shopping Center, 600 - 670 S. Brea, (13) Gateway Center, N/W Imperial and Brea, (14) Brea Village South, S/W Imperial and Randolph, (15) Brea Union Plaza, N/W Imperial and Kraemer, are privately owned and maintained and are generally held open to the public for purposes of vehicular travel to serve commercial establishments. These roads serve as the primary access roads on the properties and are more fully described and depicted in Exhibits “A” through “O” attached to Ordinance 1005, on file in the office of the City Clerk, and incorporated herein by reference.

(1961 Code, § 14A.7; Ord. 1005, 12-1-1997)

Upon the ordinance codified in §§ 10.36.060 through this section becoming effective, the provisions of the California Vehicle Code shall apply to the roads referred to in § 10.36.070 and the city may enforce such provisions as permitted by law.

(1961 Code, § 14A.8; Ord. 1005, 12-1-1997)

A. Santa Fe Road.

1. In accordance with the provisions of Cal. Veh. Code § 21107.5, the City Council finds and declares that Santa Fe Road, from its intersection to the east with Valencia Avenue, to its intersection to the west with North Kraemer Boulevard ('Santa Fe Road' hereinafter), is a privately owned and maintained road, generally held open for use by the public for vehicular traffic, which so connects with public highways that the public cannot determine that Santa Fe Road is not a public highway. Subject to the provisions of this section, the City Council further declares that Santa Fe Road shall be subject to all provisions of the California Vehicle Code as would otherwise be applicable if Santa Fe Road was a public highway.

2. Any and all provisions of the California Vehicle Code applicable to the establishment and enforcement of speed zones and restrictions shall apply to Santa Fe Road.

3. Nothing in this section shall create any duty on the part of the city, or require the city to provide maintenance or other services, with respect to Santa Fe Road, unless otherwise provided by the California Vehicle Code.

4. Nothing in this section shall give rise to, create, or impose any liability with respect to the City of Brea.

5. Any and all penalties and fines, including their disposition, for violations of the California Vehicle Code occurring on public highways in the City of Brea, as set forth in any applicable bail schedule or as are otherwise established by law, shall be applicable to violations of the code occurring on Santa Fe Road.

(Ord. 1165, 7-2-2013)