Cupertino Municipal Code Ch. 11.10 Off-Street Vehicles

The City Council finds that certain off-street operation of vehicles creates unnecessary, excessive and annoying noise, dust and fumes, and exposes both private and public property to the dangers of fire and soil erosion, any of which adversely affect the public peace, health, welfare and safety and all of which shall be regulated for the protection of the public.

(Ord. 1322, (part), 1985)

“Vehicle” for the purpose of this chapter is a device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power. “Vehicle” includes, but is not limited to, automobile, motorcycle, RV, ATV, ATC, motor drive cycle, four-wheel drive and motor vehicle as defined in the Vehicle Code of the state of California.

(Ord. 1322, (part), 1985)

No person shall operate a vehicle on private or public property in the City without first having obtained a permit. Permits shall be issued by the Chief of Police upon a determination that:

A. The owner or owners of the residential property concerned, or the person or persons in possession thereof, have consented in writing to the proposed operation;

B. The property concerned as shown on the latest Assessor’s map is at least five hundred feet from any residence, church, school or place of assemblage which has not consented in writing to the proposed operation;

C. The Director of Planning and Inspection has certified that the proposed operation conforms to the uses permitted on subject property by the City’s zoning ordinance;

D. The Fire Marshal has certified that the proposed operation will not create a fire hazard; and

E. The Director of Public Works-City Engineer has certified that the proposed operation will not adversely affect public property.

The permit shall specify the area of permitted operation and period for which is valid. The permit shall further state that the City makes no representation as to safety of persons or property and that all risks are assumed by the applicant, property owner or other responsible person.

(Ord. 1322, (part), 1985)

Exempt from the regulation of this Article are:

A. Operation under the state of California Vehicle Code of vehicles having valid registration driven by persons possessing valid operators’ license upon the public streets and highways and for normal ingress and egress from private and public property where driveways and parking places are used in a reasonable and customary manner.

B. Vehicles designed primarily for agricultural, horticultural or construction purposes and used in the ordinary lawful way in such activities.

C. Operation of publicly owned vehicles by a public employee acting within the course and scope of his employment.

D. Operation of vehicles on private vehicular rights of way by those having ownership thereof or an easement or license to do so.

(Ord. 1322, (part), 1985)

No parent, guardian or other adult person having control, custody or care of any minor under the age of eighteen years shall permit, allow or let such minor to violate any provision of this chapter.

(Ord. 1322, (part), 1985)

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 such permit has been denied. The City Council shall thereupon conduct a hearing on said appeal within thirty days from the date of filing such notice of appeal with the City Clerk. The decision of the City Council shall be final and conclusive upon all persons concerned.

(Ord. 1322, (part), 1985)

Any person who violates any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12 of this code.

(Ord. 1731, (part), 1996; Ord. 1322, (part), 1985)