Davis Municipal Code Art. 22.13 Motorcycles and Motor-Driven Cycles

The city council of the City of Davis hereby makes the following findings:

(a) There is a recent and sudden increase in the ownership and operation of motorcycles and motor-driven cycles on unimproved parcels of private property and on public property, including the public streets and highways, in the City of Davis.

(b) The California Vehicle Code provides for the regulation of vehicles and operators on the public streets and highways of this state.

(c) The operation of licensed and unlicensed motorcycles and motor driven cycles on unimproved private property and on public parkways, sidewalks, park lands, greenbelts and other public property in the City of Davis generates excessive amounts of irritating dust, noxious exhaust fumes and noise.

(d) Said operation of motorcycles and motor-driven cycles creates a high risk of igniting brush and grass fires.

(e) Said operation of motorcycles and motor-driven cycles has created and will continue to create erosions of land and has created unimproved roads and pathways which constitute a danger to persons in the area.

(f) Said operation of motorcycles and motor-driven cycles has caused an adverse effect on the environment in the area and on the persons residing therein, all of which constitute a public nuisance to the residents of the City of Davis.

(g) After examination and investigation of the existing situation, it is determined that a public nuisance exists and that due to the fact that said conduct may be intermittent, fleeting, moving or caused by persons who are minors, other provisions of this Code, as well as other legal remedies, are inadequate to control said conduct and its adverse effects and that certain controls must be imposed upon the operation of motorcycles and motor-driven cycles on public and private property in the City of Davis.

(Ord. 1139 § 1)

The provisions of this article are intended to regulate the operation of registered and unregistered motorcycles and motor-driven cycles by all persons, whether they possess a valid California motor vehicle operator's license or not, upon unimproved private property and upon all public property, except highways, in the City of Davis. This article shall not apply to the driving, riding, use or operation of motorcycles or motor-driven cycles on streets or 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. 1139 § 1)

Unless the context clearly requires otherwise, the following definitions shall apply with respect to the use of the following terms in this article:

Highway

means a public street or highway or any other way or place of whatever nature, publicly maintained and open to the use of the public for purposes of motor vehicle travel.

Motorcycle

is any motor vehicle, other than a tractor, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds, except that four wheels may be in contact with the ground when two of the wheels are a functional part of a sidecar.

Motor-driven cycle

is any motorcycle, including every motor scooter, with a motor which produces less than fifteen gross brake horsepower, and every bicycle with motor attached. A motor-driven cycle does not include a motorized bicycle as defined in Section 406 of the California Vehicle Code.

Unimproved private property

means any parcel of land which either contains no structures or which is not surfaced with cement, concrete, asphaltic concrete, or other similar material, or which does not have a hard surface made up of a mixture of rock, sand or gravel bound together with a chemical or mineral substance other than natural soil.

(Ord. 1139 § 1)

(a) It shall be unlawful for any person to drive, ride, use or operate a motorcycle or motor-driven cycle, other than a publicly owned motorcycle or motor-driven cycle, upon any public sidewalk, walkway, parkway, greenbelt or in any public park or recreational area or upon any other publicly owned property, except highways, within the City of Davis. Nothing contained herein shall be construed to prohibit the driving, riding, use or operation of a motorcycle 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 of Davis.

(b) It shall be unlawful for any person to drive, ride, use or operate a motorcycle or motor-driven cycle, other than a publicly owned motorcycle or motor-driven cycle, upon any unimproved parcel of real property within the City of Davis, except as set forth in Section 22.13.050 of this article.

(c) It shall be unlawful for any person to drive, ride, use or operate a motorcycle or motor-driven cycle, other than a publicly owned motorcycle or motor-driven cycle, upon a private road, whether improved or unimproved, except as set forth in Section 22.13.050 of this article.

(d) It shall be unlawful for any person to knowingly transport another person or a motorcycle or motor-driven cycle, or both, to any location within the City of Davis for the purpose of conducting any activity in violation of the provisions of this article.

(e) It shall be unlawful for any person to knowingly give, loan, furnish or otherwise make available to any other person a motorcycle or motor-driven cycle for use within the City of Davis, which use is in violation of any provision of this article.

(Ord. 1139 § 1)

Notwithstanding the provisions of Section 22.13.040, a person may drive, ride, use or operate a motorcycle or motor-driven cycle upon unimproved private property under the following circumstances:

(a) The provisions of Section 22.13.040, shall not apply to any publicly owned motorcycle or motor-driven cycle or authorized emergency vehicles as defined in California Vehicle Code Section 165.

(b) The provisions of Section 22.13.040, shall not apply to persons driving, riding, using or operating a motorcycle or motor-driven cycle upon parking lots or private roads when being driven, ridden, used or operated for ingress to and egress from said parking area or parcel service by such private road.

(c) Any person desiring to drive, ride, use or operate a motorcycle or motor-driven cycle upon unimproved private property, and any owner of such property desiring to allow a person or persons to drive, ride, use or operate a motorcycle or motor-driven cycle on his or her unimproved private property, may do so upon first obtaining a permit from the police chief of the City of Davis. Application for such permits shall be made upon such forms as may be prescribed by the police chief, which shall be accompanied by a nonrefundable ten-dollar fee. Permits shall be issued by the police chief upon a making of all of the following findings:

(1) The owner or owners of said unimproved private property, or the person or persons in lawful possession thereof, have consented in writing to the proposed use.

(2) The city fire marshal has certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle and its proposed operation or by reason of the nature of the property concerned.

(3) That such operation is of sufficient distance from occupied residences, churches, assembly halls or schools as to not constitute a nuisance by reason of noise, dust or fumes generated. In no event shall any permit be issued for use on property located within two hundred yards of the exterior boundary of any parcel on which is located any residential structure, church, assembly hall or school.

(4) That the applicant has not violated any provisions of this article within the twelve months immediately preceding the date of application.

(Ord. 1139 § 1)

The operation of any motorcycle or motor-driven cycle on unimproved private property pursuant to a permit issued in accordance with the provisions of Section 22.13.050(c), shall be subject to the following limitations:

(a) Operation of a motorcycle or motor-driven cycle pursuant to such permit shall be limited to the hours commencing one-half hour before sunrise and ending one-half hour after sunset;

(b) The operation of said vehicles pursuant to such a permit shall not be allowed nearer than two hundred yards to the exterior boundary of any parcel upon which is located a residential structure, church, assembly hall or school;

(c) Each permit issued pursuant to Section 22.13.050(c) shall specify the effective date or dates of operation for which the permit is valid and shall further specify the area or areas of permitted operation;

(d) Any such permit shall be displayed on the vehicle at all times and shall be presented to any peace officer upon request; and

(e) Any permit issued pursuant to Section 22.13.050(c) is not, and shall so state on its face, an expression by the city that the proposed operation can be done with safety to the operator or other persons or property, all of which said risks are assumed by the permittee or property owner.

(Ord. 1139 § 1)

The regulations contained in this chapter do not supersede or preclude the enforcement of the zoning regulations, noise regulations or any other regulations contained in this Code which are applicable to any conduct regulated hereby.

(Ord. 1139 § l)

(a) Any person who violates any provision of this article is guilty of an infraction and shall be subject to a fine, for a first offense, of not less than twenty-five dollars nor more than one hundred dollars; and for a second offense within one year, not less than fifty dollars nor more than two hundred dollars; and for each additional violation within one year, a fine of not less than one hundred dollars nor more than five hundred dollars.

(b) Violations of any provision of this article shall be deemed a public nuisance subject to abatement or civil action, as provided by law.

(c) Notwithstanding the fact that this article is adopted as a police power regulation of the City of Davis and for the benefit of the general public, and that violations of the provisions of this article are declared public nuisances affecting at the same time entire neighborhoods, or considerable numbers of persons, the city council hereby finds, in addition, that, with respect to any violation of a provision of this article which involves the operation of a motorcycle or motor-driven cycle within two hundred yards of any exterior boundary of a parcel of property upon which is located any residential structure, church, assembly hall or school, any person owning or occupying such property is specially injured or affected by any such violation and the city council hereby declares that this article is adopted for the benefit of such persons and any such person owning or occupying said property. Any person who commits a violation of any provision of this article involving operation of a motorcycle or motor-driven cycle within two hundred yards of the outside boundary of any parcel of property upon which is located any residential structure, church, assembly hall or school, shall be liable under this section to the owner or occupant of such property in a civil action for each such violation for a maximum award of seven hundred fifty dollars. In establishing the amount of the award, the court shall consider all relevant factors, including actual damage, injury or hardship to the plaintiff and any prior violations by defendant. In any action brought pursuant to this subsection, any wilful violation of any provision of this article shall be deemed an act of wilful misconduct resulting in injury to the property of another for purposes of Section 1714.1 of the California Civil Code.

(d) Upon a first offense, the use of any motorcycle or motor-driven cycle used in violation of any provision of this article shall be subject to forfeiture for a period of thirty days as provided in this subsection. Upon a second or subsequent offense within a period of one year, any motorcycle or motor-driven cycle used in violation of any provision of this article shall be subject to forfeiture as provided in this subsection. Such forfeiture shall be effected only upon order of the court and proceedings for such forfeiture may be commenced by the City of Davis in any court of general jurisdiction in the same manner as the commencement of a civil action. A criminal conviction of violation of a provision of this article shall not be a prerequisite to commencement of forfeiture proceedings. Notice of commencement of such action shall be served upon each owner whose right, title or interest is of record in the Department of Motor Vehicles of the State of California or appropriate federal agency; and to each owner whose name and address is known. Notice may be given to any unknown owners, or owners whose address is unknown, by publication once in a newspaper of general circulation in the city. If the court or jury finds, upon a preponderance of evidence, that the motorcycle or motor-driven cycle was used in violation of this article, the court shall order such vehicle, or the use thereof, forfeited and shall issue such orders for seizure of said vehicle as may be appropriate. In the case of a first offense, said order shall direct the City of Davis to impound said vehicle for a period of thirty days, upon the expiration of which the vehicle shall be returned to the owner. If the court or jury finds that the vehicle was used in violation of any provision of this article, but does not find that the vehicle was being used with the knowledge and consent of its owner, then the court shall order the vehicle released to said registered owner. In the case of a second or subsequent offense, if the court or jury finds that the vehicle was used in violation of any provision of this article, but does not find that a person holding a valid lien, mortgage, security interest or interest with actual knowledge that the vehicle was to be used for a purpose for which forfeiture is permitted, and if the amount due him or her is equal to, or in excess of, the appraised value of the vehicle, the court shall order the vehicle released to him or her. If the amount due him or her is less than the appraised value of the vehicle, that person may pay to the City of Davis the difference between the appraised value and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon such payment, the city shall relinquish all claims to the vehicle and release said vehicle to him or her. If the holder of the interest elects not to make such payment to the city, the vehicle shall be deemed forfeited to the city and the ownership certificate shall be forwarded. Appraised value is to be determined as of the date judgment is entered on a wholesale basis, either by agreement between the legal owner and the city, or if such persons cannot agree, then by the inheritance tax appraiser for the county in which the action is brought. In the event the vehicle is not released to a registered owner or a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract, then the vehicle shall be sold in the same manner as surplus city property. Upon such sale, proceeds of such sale shall be distributed first to any person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract which is less than the value of the vehicle, and who elected not to redeem said vehicle, to the extent of such interest, when the court declaring the forfeiture orders a distribution to such person. The balance, if any, shall be deposited in a general fund of the City of Davis.

(Ord. 1139 § 1; Ord. 2390 § 40, 2012)