Lafayette Municipal Code Art. 1 General Provisions

(a) The city council finds that there is an increase in the ownership and operation of motorcycles and other motor-driven vehicles for recreational purposes on private property and on public property in the city, and that there is a need for control of the traffic generated from this source.

(b) It is further found and determined that:

(1) The California Vehicle Code provides for the regulation of vehicles and operators on the public streets and highways of the state;

(2) The off-road operation of licensed and unlicensed motorcycles and other motor-driven vehicles on private property and public property in the city:

(A) Can generate excessive amounts of irritating dust, noxious exhaust fumes and noise,

(B) Creates a high risk of igniting brush and grass fires,

(C) Creates erosion in the hilly areas of the city and on unimproved property in the city,

(D) Creates unimproved roads and pathways which constitute a danger and threat of accident to persons in such areas,

(E) Causes an adverse effect on the environment due to noise, the befouling of the air by noxious fumes and the stirring up of dust,

(F) Has an adverse effect upon the public health, safety and convenience of the persons residing in the community, which constitutes a public nuisance to the residents of the city,

(G) Promotes blight and depreciates property values.

(c) After examination and investigation of the existing situation, it is determined that the operation of motorcycles and other motor-driven vehicles on private and public land, except the public streets and highways, is a public nuisance, that such a public nuisance exists, and that certain controls must be imposed upon the off-road use of motorcycles and other motor-driven vehicles on private and public property in the city.

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

This chapter is designed to regulate the traffic on private and public lands, except the public streets and highways, of registered and unregistered motorcycles and other motor-driven vehicles by all persons, whether they possess a valid California motor vehicle operator's license or not.

(Ord. 244 § 1 (part), 1981)

In this chapter, unless the context otherwise requires:

(a) "Highway" means a way or place publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes a freeway, street, road and alley.

(b) "Motorcycle" means any motor vehicle, other than a tractor, having a seat or saddle for the use of the rider, and designed to travel on no more than three wheels in contact with the ground, and weighing less than 1,500 pounds.

(c) "Motor-drive vehicle" means any motorcycle and any dune buggy, truck or passenger vehicle which is designed or intended for, or is capable of, off-road recreational use.

(d) "Off-road vehicle" means a motor-driven vehicle which is designed or intended for, or is capable of, use on unimproved land, as well as upon highways.

(e) "Operate" means to start, drive or run a vehicle.

(f) "Private property" means real property, including unimproved property which is owned, leased or rented by a person other than federal, state or local governmental agency or public corporation.

(g) "Public property" means real property, including unimproved real property, which is owned, leased or rented by the federal, state or local government or public corporation. "Public property" does not include a public street or highway.

(h) "Unimproved property" means private or public real property which 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 composed of mixtures of rock, sand or gravel bound together with a chemical or mineral substance other than natural soil.

(i) "Vehicle" means a motorcycle or motor-drive vehicle.

(Ord. 246 § 2, 1981: Ord. 244 § 1 (part), 1981)