Dunsmuir Municipal Code Ch. 10.16 Non-Highway Operation of Vehicles

This article is designed to regulate the operation of registered or unregistered motor vehicles by all persons, whether they possess a valid state motor vehicle operator's license or not, upon public or private property except public streets and highways in the city.

(Prior code § 12-1; Ord. No. 549, § 1, 7-30-2015)

For the purposes of this chapter, the following definitions shall apply:

"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes streets.

"Motor vehicle" means a vehicle which is self-propelled.

"Muffler" means a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine, and is effective in reducing noise.

"Private road or driveway" means a way or place in private ownership and is used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other members of the public.

"Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineations for pedestrian travel.

"Street" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Street" includes highway.

"Vehicle" means a device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved by human power or used exclusively upon stationary rails to tracks.

(Prior code § 12-2; Ord. No. 549, § 1, 7-30-2015)

Except as provided in Sections 10.16.040 and 10.16.050, no person shall operate a motor vehicle upon any private or public property or public sidewalk within the city except public streets and highways. This section shall not be construed to prohibit the operation of a motor vehicle upon any public street or highway within the city which otherwise complies with the laws of the state.

(Prior code § 12-3; Ord. No. 549, § 1, 7-30-2015)

Section 10.16.030 does not prohibit the operation of motor vehicles when said motor vehicles are:

A. Authorized emergency vehicles as defined by the State Vehicle Code;

B. Operated upon property used for raceways, racing stadiums or racing facilities which have a valid use permit issued by the city;

C. Operated upon parking lots or structures open to the public or upon private parking lots or structures and operated solely for ingress to and egress from said parking area and parking;

D. Operated upon property primarily used for motor vehicle retail or wholesale sales, service or repair, manufacture, or distribution, but operated in a manner not to be offensive and which shall not disturb the peace and quiet of the general neighborhood nor create the risk of erosion or increased fire danger;

E. Generally used in conjunction with commercial or industrial uses and used solely in conjunction with said uses and not in a manner to be offensive and which might disturb the peace and quiet of the general neighborhood, create risk of erosion or increase the risk of fire;

F. Operated upon private roadways or easements solely for ingress to and egress from private property within the city by the owner or those having the express or implied permission of the owner or occupant;

G. Operated upon public streets or highways; or

H. Operated on private property by the owner, his agents, employees or invitees solely for the purpose of access to points on said private property within the city necessary for the maintenance, repair or construction of improvements on said property, provided the work has been authorized pursuant to this code.

(Prior code § 12-4; Ord. No. 549, § 1, 7-30-2015)

A. Any person desiring to operate a motor vehicle on public or private property and not subject to exemption set forth in Section 10.16.040 may do so upon first obtaining a permit from the chief of police upon his determination as follows:

1. That the owner or owners of said property concerned, or the person or persons in lawful possession thereof, have consented in writing to the proposed operation;

2. That the chief engineer of the fire department has certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle or vehicles 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 likely constitute a noise or dust nuisance;

4. That the operation will not create undue risk of erosion on said property.

B. The permit as issued by the chief of police may be limited to hours and days of operation in accordance with the guidelines set forth in subsection A of this section. Each permit so issued shall specify the effective date or dates of operation for which the permit is valid, and duration thereof, and shall further specify the area or areas of permitted operation. The permit shall be in the possession ofthe person operating the vehicle at all times and shall be presented to any peace officer on request.

C. The permit is not, and shall so state on its face, an expression by the chief of police or the city that such 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.

D. Any person whose application for a permit is denied may appeal such decision to the council by filing a written notice of appeal within ten (10) days after notification by the chief of police that said permit has been denied, or within thirty (30) days from the date of application for such permit, whichever is earlier. The council shall thereupon conduct a hearing on said appeal within thirty (30) days from the date of filing said notice of appeal with the city clerk. The decision of the council shall be final and conclusive upon all persons concerned.

(Prior code § 12-5; Ord. No. 549, § 1, 7-30-2015)

Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars ($25.00), nor more than the normal maximum for infraction violations, including enhancements for repeated violations.

(Prior code § 12-6; Ord. No. 549, § 1, 7-30-2015)