Humboldt County Municipal Code Ch. 7 Motor Vehicle Use on Designated Beach and Dune Areas

Sections: Findings.

§ 917-2. § 917-3. § 917-4. § 917-5. § 917-6. § 917-7.

Motor Vehicles Prohibited on Beach and Dune Areas. Vehicles Prohibited - Exceptions. Vehicles Prohibited - Snowy Plover Habitat. Speed Limit. Non-Conforming Uses. Penalty. 917-1. Findings. The Humboldt County Board of Supervisors finds that in order to protect the public health, safety, and welfare, and to protect the natural resources of the beach and dunes in the designated area for long term public use, benefit and enjoyment, the following restrictions or use on these areas are warranted: (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) 917-2. Definitions. For purposes of this section, the following terms, phrases, words and their derivatives shall have the meanings given herein: (Ord. 2041, § 1, 09/25/1995; Ord. 2150, § 1, 09/23/1997) (a) Vehicle. “Vehicle” is any conveyance whether motor powered, animal-drawn, or self-propelled. The term shall include any trailer in tow of any size, kind or description; provided, however, that vehicles shall not be construed to mean bicycles, wheel chairs, or vehicles in the service of the County of Humboldt, any political subdivision or public agency or emergency vehicles not operated by a public agency such as ambulances. (Ord. 2041, § 1, 6/7/ 1994; Ord. 2150, § 1, 9/23/1997) (b) Commercial Fishermen. “Commercial Fishermen” are any persons holding a currently valid California commercial fishing license, and complying with any other requisites as required by law for a person to engage in commercial fishing. (Ord. 2150, § 1, 9/23/1997) (c) Waveslope. “Waveslope” is the area of the beach that shows evidence of having been washed by waves during the last tidal cycle. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) (d) Handicapped Person. A “handicapped person” is any person who qualifies for a motor vehicle handicapped placard issued by the California Department of Motor Vehicles or who would qualify if not for the person’s age. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) (e) Senior Citizens. “Senior citizens” are any persons 65 years or older. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/ 23/1997)

917-3. Motor Vehicles Prohibited on Beach and Dune Areas. Except as provided in section 917-4, all motor vehicles including, but not necessarily limited to automobiles, four- wheel-drive motor vehicles, sand buggies, dune buggies, all-terrain vehicles, motorcycles, motor-driven cycles, motor driven three-wheel cycles, motor scooters, trail bikes, mini-bikes are prohibited from the areas as shown in Figures 1, 2, & 3, and as shown on more detailed maps on file at the Humboldt County Planning Department, except for roads, parking areas, and other paved areas. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) 917-4. Vehicles Prohibited - Exceptions. The provisions of section 917-3 shall not apply to any of the following while using the waveslope within the areas as shown in Figures 1, 2, & 3, and as shown on more detailed maps on file at the Humboldt County Planning Department: (Ord. 2041, § 1, 09/25/1995; Ord. 2150, § 1, 09/23/1997) (a) Commercial fishermen in street licensed four-wheel drive vehicles actively engaged in fishing and/or fishing gear salvage activities. Commercial fishermen wishing to use other vehicle types may apply for a special permit under Section 917-4(e). (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) (b) Handicapped persons and their legal guardians. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) (c) Vehicle use excluded in the definition of “Vehicle” in section 917-2(a). (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) (d) Senior citizens. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) (e) In addition by special permit, the Planning Director may waive the requirements of section 917-3 for any area shown in Figures 1, 2, & 3, and as shown on more detailed maps on file at the Humboldt County Planning Department, if in his or her discretion the applicant for the special permit has demonstrated a reasonable need for such a waiver and the proposed vehicular use of the otherwise restricted area will be conducted in a manner and location that will minimize adverse impacts to coastal resources. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/ 23/1997) 917-5. Vehicles Prohibited - Snowy Plover Habitat. Notwithstanding the provisions of sections 917-3 and 917-4, all vehicle use is prohibited during the snowy plover nesting season at any posted site within the area shown in Figures 1, 2, & 3, and as shown on more detailed maps on file at the Humboldt County Planning Department, that has been determined by the Planning Director after consultation with the U.S. Fish & Wildlife Service to be needed to protect the seasonal nesting area of the endangered snowy plover bird species. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997)

917-6. Speed Limit. Driving allowed by the provisions of section 917-4 within the area shown in Figures 1, 2 & 3, and as shown on more detailed maps on file at the Humboldt County Planning Department, shall be limited to 15 miles per hour. Driving on the waveslope within the designated recreational driving areas shown in Figure 1 shall be limited to 15 miles per hour. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) 917-7. Non-Conforming Uses. The property described at APN 506-061-24, the Khaloghli property, has had vehicle use on a regular basis over the past twenty (20) years, and such use shall be considered a legal pre-existing non-conforming use for purposes of this vehicle use ordinance. This does not affect the County’s ability to regulate development, as defined by the Coastal Zoning Regulations, on this property. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) 917-8. Penalty. Any person who violates any provisions of this Chapter shall be guilty of an infraction. A violation of this Chapter shall be punishable by a fine of not less than fifty $50.00 dollars and not more than two hundred and fifty ($250.00) dollars. (Ord. 2041, § 1, 6/7/1994; Ord. 2150, § 1, 9/23/1997) Figure 1.

Figure 2.

Figure 3.

§ 918-1. § 918-2. § 918-3. § 918-4.