Newark Municipal Code Ch. 10.40 Motor Vehicles on Private Property

This chapter is declared to be necessary in order to protect the public health, safety and general welfare of its citizens; that noise emitted by motorcycles, motor-drive cycles and similar vehicles creates a substantial nuisance far in excess of other contributions to the normal noise level of the environment; that such activity is primarily conducted as a recreational or leisure time pursuit, often by large numbers of drivers and passengers, and has no relationship to the economic use of the property being so used; that often such activity is a trespass upon private or public property; that there is a means for such activity to be conducted legally and without being a nuisance, pursuant to Title 17 of this code; that control of such activity through existing laws relating to trespass, nuisance, zoning, and traffic are cumbersome, impractical and ineffective.

(Ord. 138 § 2, 1974)

A. No person shall drive a motorcycle or motor-drive cycle as such vehicles are defined in the California Vehicle Code, including but not limited to motor scooters, motor bikes, minibikes, or go-carts, upon any property which is not a public street, or private street, approved by the city.

B. This section shall not apply in any of the following instances:

1. Where such vehicle is being driven upon property by the resident, regular occupant, or authorized visitor, for the purpose of ingress or egress to such property;

2. Where such use is permitted pursuant to and in accord with Title 17 of this code;

3. Where such use is permitted on a temporary basis for specific civic functions as authorized by the city council by a simple majority vote; provided, that:

a. A written request for authorization for such off-street use is filed with the city council a minimum of sixty days prior to the scheduled event, and

b. The written permission for the use of and purpose, of the property, from the owner of the property or the authorized agent in charge thereof, is filed with the city council at the time the request for authorization is made, and

c. Any regulation, rule, or restriction may be imposed by the city council at the time of authorization for such temporary use;

4. Where the use is for nonprofit recreational purposes in MG industrial districts and meeting all of the following conditions:

a. The property is more than one thousand feet distant from any R residential districts, and

b. Written consent for such vehicle use from the owner or authorized agent in charge of the property and from the owner or authorized agent in charge of all contiguous properties is on file with the police department. Such written consent will only be valid for a maximum period of two years. Withdrawal of any written consent from the property owner or contiguous property owner shall automatically terminate authority for the use, and

c. Such vehicle use and operation shall only be conducted between the hours of six p.m. and nine p.m. on Monday through Friday and ten a.m. and nine p.m. on Saturday and Sunday.

(Ord. 138.1 § 1, 1976; Ord. 138 § 1, 1974)

Any person who violates any of the provisions of this chapter or who causes, permits or suffers the same to be done is guilty of a misdemeanor, where no other penalty is provided, and upon conviction thereof, such person shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. Each day's violation is a separate offense.

(Ord. 138 § 3, 1974)