Moraga Municipal Code Ch. 10.12 Off-Road Vehicle Operation

The town council finds that there is an increase in the ownership and operation of motorcycles and motor-driven vehicles on private property and on public property in the town and that there is a need for control of the traffic generated from this source. It is further found and determined that:

A. The California Vehicle Code provides for the regulation of vehicles and operators on the public streets and highways of this state;

B. The operation of licensed and unlicensed motorcycles and motor-driven vehicles on private property and public property in the town:

1. Can generate excessive amounts of irritating dust, noxious exhaust fumes and noise,

2. Creates a high risk of igniting brush and grass fires,

3. Creates erosions in the hilly area of the town and on unimproved property in the town,

4. Creates unimproved roads and pathways which constitute a danger and threat of accident to persons in such areas,

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

6. 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 town,

7. Promotes blight and depreciates property values.

After examination and investigation of the existing situation, it is determined that the traffic caused by motorcycles and 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 use of motorcycles and motor-driven vehicles on private and public streets and highways in the town.

(Prior code § 13-101)

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 motor-driven vehicles by all persons whether they possess a valid California motor vehicle operator's license or not.

(Prior code § 13-102)

In this chapter, unless the context otherwise requires:

"Highway" is a way or place publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes a freeway, street, sidewalk, parkway and driveway.

"Immediate family" is the spouse and children of the owner or lessee of private property within the town.

"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 no more than three wheels in contact with the ground and weighing less than one thousand five hundred (1,500) pounds.

"Motor-driven vehicle" is any motorcycle, dune buggy, truck or passenger vehicle.

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

"Private property" is 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.

"Public property" is 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.

"Unimproved property" is 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.

"Vehicle" is a motorcycle or motor-driven vehicle.

(Prior code § 13-103)

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

(Prior code § 13-111)

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

A. The owner, lessee or authorized agent and their immediate family with respect to property owned, leased, rented or managed by them;

B. Operation of a vehicle upon the public highway;

C. A police officer, town agent or employee charged with administering this chapter;

D. Emergency personnel of any other public agency or other person performing rescue or emergency work;

E. 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;

F. 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).

(Prior code § 13-112)

A person who desires a permit to operate a motorcycle or motor-driven vehicle on, over or across private or public property shall apply to the town manager for a permit to do so. The town manager may prescribe the form of permit 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 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 or her possession during operation of vehicles on the property;

H. The statement that consent shall automatically expire upon the transfer of title by owner or termination of authority of person executing consent or termination of lease or tenancy of 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 town manager determines is necessary to pass upon the application.

(Prior code § 13-113)

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

(Prior code § 13-114)

A. When a complete and sufficient application is filed the town manager shall determine whether or not the use will have a significant effect on the environment.

B. If the town manager determines that the use will not have a significant effect on the environment, he or she shall refer the application to the Moraga fire protection district and to the chief of police for review to determine (1) whether either of the grounds for denial listed in Section 10.12.090(C) and (D) exists; and (2) whether any additional conditions to the issuance of the permit should be imposed.

(Prior code § 13-115)

The town manager shall refuse to issue the permit if:

A. He or she determines that the use will have a significant effect on the environment;

B. He or she determines that the operation of vehicles will be conducted less than two hundred (200) yards from an occupied dwelling and from a church, assembly hall, school, barn, office, medical facility, recreation facility or other facility occupied or operated by human beings or used for keeping animals;

C. The chief of the Moraga 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: (a) whether the foreseeable speeds which will be obtained will constitute a reasonable use of the land for the type of terrain involved; (b) 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 (c) whether the vehicle is in good repair and its condition is in compliance with the applicable laws.

(Prior code § 13-116)

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

(Prior code § 13-117)

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

A. The full correct name, address, telephone number, birth date 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 town that the proposed operation 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.

(Prior code § 13-118)

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 owner or the termination of lease or tenancy by the tenant executing the consent.

(Prior code § 13-119)

The town 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.

(Prior code § 13-120)

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 appeal to the town council by filing with the town 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 town manager shall set the matter for a public hearing to be held within thirty (30) days after the filing of the appeal. The town manager shall thereupon inform the appellant of the date, time and place of the hearing. The town council shall consider all relevant testimony, reports and studies of the town staff, the appellant and the public. The decision of the town council is final and conclusive.

(Prior code § 13-121)

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 two hundred (200) yards of an occupied dwelling and from an operative church, assembly hall, school, barn, office, medical facility, recreation facility or other facility occupied or operated by human beings or used for 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 its possession a current and valid permit and shall present it upon request to a law enforcement office, or agent or employee designated by town manager to enforce this chapter for verification of the right to operate vehicles on the property and validity of the permit;

G. The vehicles operated by permittee shall at all times be equipped with spark arrestors and muffler systems lawful in the state of California, and not of a model or size which will create unreasonable noise which will likely interfere with the reasonable enjoyment of neighboring properties.

(Prior code § 13-122)

The town manager may post a sign at the entrances to the town and at key locations from those entrances to those properties with which the town has experienced trespasses with vehicles and at locations which the town manager determines there is probable cause to believe trespasses are likely to occur.

The sign shall read as follows:

EXCEPT FOR USE OF PUBLIC STREETS AND HIGHWAYS, VEHICLE OPERATION OTHER THAN BY OWNERS OR TENANTS PROHIBITED UNLESS BY PERMIT UNDER THE MORAGA MUNICIPAL CODE

(Prior code § 13-131)

An operator of a motorcycle or motor-driven vehicle operating a vehicle within two hundred yards of the perimeter of the town is presumed to have gained access to the area of operation by use of the real property within the town.

(Prior code § 13-132)

A person who violates a provision of this chapter is guilty of an infraction. An infraction is punishable as provided in Section 1.24.030.

(Prior code § 13-133)