Chowchilla Municipal Code Ch. 10.46 Motorized Quadricycles

A. "Motorized quadricycle" is a four-wheeled device, and a "motorized tricycle" is a three-wheeled device (herein collectively "devices") designed to carry not more than two persons, including the driver, and having either an electric motor or a motor with an automatic transmission developing less than two gross brake horsepower and capable of propelling the device at a maximum speed of not more than thirty miles per hour on level ground. The devices shall be utilized by a person who by reason of physical disability is otherwise unable to move about as a pedestrian or by a senior citizen as hereinafter defined.

B. "Senior citizen" is defined as a person who is sixty-two years of age or older.

(Ord. 420-01, 2001)

Motorized quadricycles and motorized tricycles, devices subject to the requirements of this chapter are permitted on city streets within the city of Chowchilla. The devices shall not be operated on city sidewalks. The devices are authorized to be operated as follows:

A. As near to the curb or right hand edge of the roadway as possible. These devices will travel the same direction as traffic and will not go against traffic flow and are subject to safe operation under the Vehicle Code of the State of California. The maximum speed of any of these devices shall be twenty-five miles per hour. Under no circumstances shall the devices be operated at night. The devices shall not be operated on any city street with a posted speed limit in excess of twenty-five miles per hour, except to cross city streets with a higher speed limit as provided for below.

B. In areas where it becomes necessary to pass a parked vehicle or obstruction in the right of way, the operator is permitted to pass as close thereto as reasonably safe and not to disrupt traffic flow. Some narrow streets make it necessary to enter the traffic lane. In these instances, it is recommended that each device have as standard equipment a mirror to see approaching traffic from the rear. Operators of the devices will yield to traffic in the roadway when passing as provided herein.

C. Devices shall cross streets at street intersections and, where reasonably possible, utilize the crosswalk area provided for pedestrians, etc. Devices are not permitted on Robertson Boulevard in the city. Robertson Boulevard may be crossed at any intersection where pedestrians are permitted to cross. Crosswalks located out of intersections shall not be used by devices.

D. For purposes of crossing intersections, devices will be regulated under the laws applicable to pedestrians as defined by section 467(a) and (b) of the California Vehicle Code.

(Ord. 420-01, 2001)

The devices shall not be operated on city sidewalks.

(Ord. 420-01, 2001)

A. The applicant must demonstrate to the chief of police or the chief's designee the need for issuance of a permit to operate a device and that such applicant can safely operate the device in accordance with the Vehicle Code of the state of California and this chapter. The chief of police shall issue a permit to operate the applicant's vehicle, if proficiency is demonstrated. A sticker shall be affixed to the applicant's vehicle. All persons who operate the device must show proficiency (example: husband and wife both intend to operate the device, both must show proficiency), and shall be listed on the application.

B. Permits shall be effective for a period of three years and are not transferable. The chief of police shall have the authority to revoke any permit prior to expiration, upon finding and determination that the permit is no longer needed or that the permit holder can no longer safely operate the vehicle on public roadways.

C. The chief of police shall establish a testing policy and procedure for permits and provide educational material for the safe operation of devices in the manner described above. The testing policy and procedure shall be reviewed and approved by the city council every five years.

D. Operation Authorized With Permit. Any holder of a valid permit issued in accordance with this ordinance is authorized to operate a device, provided that the permit is in the holder's possession and provided that the applicable sticker is affixed to the device.

E. The city shall establish a reasonable cost for the testing process, the sticker and the permits to be issued. These costs will be reviewed and established each year during the city budget cycle as part of the resolution(s) establishing fees and charges of the city.

F. This ordinance does not apply to skateboards or bicycles or electric wheelchairs.

(Ord. 420-01, 2001)

A. Any applicant or permit holder may appeal the decision of the chief of police or chief's designee to an appeals officer. The appeal must be filed, in writing, within ten calendar days of the decision of the chief of police or chief's designee to revoke or deny a permit. The appeal must be filed with the city clerk. The city administrator or designee of the city administrator (other than the chief of police or a member of the city police department) shall act as the appeals officer.

B. The decision of the officer will be final. The city clerk will keep on file the findings of the appeals officer and will send a true copy of the decision to the appellant by certified mail.

C. During the appeals process, the appellant will not be permitted to operate the device on city streets. He/she may again use these devices after the appeals process has been completed and provided that the decision rendered is in their favor. If the decision of the chief of police or chief's designee is upheld, the permit will be revoked or denied, as applicable. No further appeals are permitted.

D. It is the responsibility of the city administrator to implement the appeals process once a written appeal has been received. The city administrator or designee shall render a decision on the appeal within thirty days after hearing the appeal but no longer than forty-five days from the date of receipt of the appeal by the city administrator and shall give at least ten days' notice of the appeal consideration, stating time and place, by certified mail.

(Ord. 420-01, 2001)