Article 2 — Permits for Off-road Operation

It is unlawful for a person to operate a motorcycle or other motor-driven vehicle on, over or across private or public property for recreational purposes without a permit.

(Ord. 246 § 3, 1981: Ord. 244 § 1 (part), 1981)

A permit pursuant to this chapter for operation of a motorcycle or other motor-driven vehicle is not required in the following cases:

(a)

Operation upon a highway;

(b)

A police officer, city agent or employee charged with administering this chapter;

(c)

A person performing rescue or emergency work;

(d)

A vehicle operated to gain access to a parking lot, open to the public, for the purpose of parking it and for removing it from the parking lot;

(e)

A vehicle operated on private property used for vehicle display, sales, service, repair, manufacture, distribution, warehousing, storage or dismantling (but not including racing, competition, exhibition of speed or demonstration of stunts or for entertainment unless otherwise permitted);

(f)

Operation by a property owner or his agent on his own property for non-recreational purposes.

(Ord. 246 § 4, 1981: Ord. 244 § 1 (part), 1981)

A person who desires a permit to operate a motorcycle or other motor-driven vehicle on, over or across private or public property shall apply to the city manager for a permit to do so, the city manager may prescribe an application form or may require the applicant to file a written statement. In either case, the following information and material shall be submitted:

(a)

Consent to the use of the property for operation of the vehicle by the owner or person having control of the property and the authority to grant consent;

(b)

The name of the proposed permittee;

(c)

A description of the property (address, assessor's parcel, or legal description);

(d)

The types of vehicle to be operated;

(e)

The length of time for which the consent is given (but not to exceed one year);

(f)

The hours of operation (but limited to the hours of nine a.m. to six p.m.);

(g)

The statement that consent is not valid unless the permittee has the permit in his possession during operation of vehicles on the property;

(h)

The statement that consent shall automatically expire upon the transfer of title by the owner or termination of authority of the person executing consent or termination of lease or tenancy of the tenant executing the consent;

(i)

The current name, address and telephone number of the owner, lessee or renter or agent possessing a recorded power of attorney executing the consent;

(j)

The current name, address and telephone number of the owner (to be used for verification of ownership of the property);

(k)

Such other information as the city manager determines is necessary to pass upon the application.

(Ord. 244 § 1 (part), 1981)

An application shall be accompanied by a nonrefundable fee fixed by resolution of the city council.

(Ord. 244 § 1 (part), 1981)

(a)

When a complete and sufficient application is filed, the city manager shall verify the consent and determine whether or not the use will have a significant effect on the environment.

(b)

If the city manager determines that the use will not have a significant effect on the environment, he shall refer the application to the Contra Costa County fire protection district and to the chief of police for review to (1) determine whether either of the grounds for denial listed in subsections (c) and (d) of Section 8-1016 exists, and (2) whether any additional conditions to the issuance of the permit should be imposed.

(Ord. 246 § 5, 1981; Ord. 244 § 1 (part), 1981)

The city manager shall refuse to issue the permit if:

(a)

He determines that the use will have a significant effect on the environment;

(b)

He determines that the operation of vehicles will be conducted less than 200 yards from an occupied dwelling, church, assembly hall, school, office, medical facility, recreation facility or other facility occupied or operated by human beings; or less than 200 yards from a barn, stable, other structure or pasture used for the keeping of animals;

(c)

The chief of the Contra Costa County fire protection district certifies that the proposed use will create the risk of fire hazard;

(d)

The chief of police determines that the proposed use is likely to create a safety hazard to residents in the area of the proposed use. The criteria used shall be:

(1)

Whether the foreseeable speeds which will be obtained will constitute a reasonable use of the land for the type of terrain involved,

(2)

Whether the contours which will be traversed will create a risk of harm to property or persons as a result of traversing the terrain, and

(3)

Whether the vehicle is in good repair and its condition is in compliance with the applicable laws.

(Ord. 246 § 6, 1981; Ord. 244 § 1 (part), 1981)

If the city manager finds that all of the terms and conditions necessary to the issuance of a permit are met he shall issue the permit.

(Ord. 244 § 1 (part), 1981)

A permit issued under this chapter shall contain the following information and statements:

(a)

The full correct name, address, telephone number, birthdate and physical description of the permittee;

(b)

The hours of operation and the length of time of the permit, not to exceed one year;

(c)

The description of the type of vehicle to be operated;

(d)

The description of the property upon which the vehicle is to be operated (address, assessor's parcel or legal description);

(e)

The current name, address and telephone number of the owner and the lessee, renter or other person executing the consent;

(f)

A statement in bold print that the permit is not an expression by the city that the proposed operations can be done with safety to the permittee or to other persons or property, all of which risks are assumed by the permittee, the property owner, lessee and renter;

(g)

A statement in bold print that the permit is subject to this chapter and drawing attention to the conditions imposed upon the issuance of the permit.

(Ord. 244 § 1 (part), 1981)

(a)

The permit expires and is of no further effect upon expiration of the calendar year in which it is issued or upon expiration of such other and shorter time period specified for which the permit was issued.

(b)

The permit automatically expires upon the transfer of title by the owner or the termination of the lease or tenancy by the tenant executing the consent.

(Ord. 244 § 1 (part), 1981)

The city manager may revoke or suspend a permit upon the following grounds:

(a)

The consent to the permittee has been withdrawn;

(b)

The conditions of operation or of the land have resulted in previously unforeseen fire, safety or environmental hazards;

(c)

The permittee has violated any term or condition of the permit or of any provision of state or local law.

(Ord. 244 § 1 (part), 1981)

(a)

A person who is denied a permit or who is otherwise aggrieved by a determination, decision, requirement, order or action made or taken under this chapter may, upon payment of the appeal fee, appeal to the city council by filing with the city manager a written notice, stating the appellant's name, address and telephone number, the subject matter of the appeal and the specific reason for the appeal, within ten calendar days of the action taken. The city manager shall set the matter for a public hearing to be held within 30 days after the filing of the appeal. The city manager shall thereupon inform the appellant of the date, time and place of the hearing. The city council shall consider all relevant testimony, reports and studies of the city staff, the appellant and the public. The decision of the city council is final and conclusive.

(b)

The nonrefundable appeal fee shall be one-half of the application fee.

(Ord. 244 § 1 (part), 1981)

The exercise of a permit issued under this chapter is subject to the following conditions:

(a)

Operation of vehicles shall only be conducted between the hours of nine a.m. and six p.m.

(b)

Operation of vehicles shall not be conducted within 200 yards of an occupied dwelling, church, assembly hall, school, office, medical facility, recreation facility or other facility occupied or operated by human beings; nor within 200 yards of a barn, stable, other structure or pasture used for the keeping of animals.

(c)

Operation of vehicles shall be confined to the property described in the permit.

(d)

Operation of vehicles shall only be conducted during the hours and for the length of time stated in the permit.

(e)

The vehicle being operated must be of the type identified in the permit. The permit may include permission to operate more than one type of vehicle if so stated in the consent from the owner, lessee or renter.

(f)

The permittee shall at all times while operating vehicles under this chapter have in his possession a current and valid permit and shall present it upon request to a law enforcement officer, or agent or employee designated by the city manager to enforce this chapter, for verification of the right to operate vehicles on the property and of validity of the permit.

(g)

The vehicles operated by the permittee shall at all times be equipped with spark arrestors and muffler systems lawful in the state, in good operating condition, not of a model or size which will create unreasonable noise which will likely interfere with the reasonable enjoyment of neighboring properties, and, if adjustable, adjusted so as to minimize noise emissions and still permit the vehicle to operate with reasonable effectiveness.

(Ord. 246 §§ 7—8, 1981; Ord. 244 § 1 (part), 1981)