Pacifica Municipal Code Ch. 18 Use of Vehicles Off the Public Highways

* Chapter 18 entitled "Vehicles on the Beaches", consisting of Sections 5-18.01 through 5-18.05, as added by Ordinance No. 90-C.S., effective November 28, 1973, repealed by Ordinance No. 272-C.S., effective March 12, 1980.

The Council finds:

(a) That over the preceding several years, there has been an increase in the ownership and recreational use of motorcycles, motor-driven cycles, minibikes, jeeps, dune buggies and other recreational vehicles within the City; and

(b) That the use of such vehicles on unpaved hillside areas has created and will continue to create significant erosion of land and damages to vegetation, siltation of streams and damages to riparian areas, generate excessive amounts of irritating dust, and create a danger of igniting brush and grass fires; and

(c) That the use of such vehicles on equestrian trails and pedestrian trails and walkways is damaging to such trails and walkways and creates a danger to the intended users of such trails and walkways; and

(d) That the ocean beaches located within the City are unique, natural, and recreational assets; that they provide swimming, boating, fishing, and other beach-oriented recreational activities; that they contain ecological, geological, or scenic resources of significant value; and that they provide unique opportunities for the quiet enjoyment of open space; and

(e) That the operation of such vehicles on the ocean beaches constitutes a threat to the safety of persons using the ocean beaches for recreational purposes; that the operation of such vehicles on the ocean beaches interferes with the quiet enjoyment of beach-oriented recreational activities unavailable in non-maritime settings; and, further, that the operation of such vehicles on the ocean beaches interferes with beach terrain and constitutes a threat to a sensitive maritime environment; and

(f) That the use of such vehicles for recreational purposes in proximity to residences, schools, churches, businesses, or other inhabited structures and in and around parks and other open areas causes excessive amounts of noise; and

(g) That the use of such vehicles within the City for purposes other than transportation on the public highways is causing and has caused an adverse effect on the environment, including adverse effects on wildlife, wildlife habitats, and scenic resources, and constitutes a public nuisance to the residents of the City requiring appropriate regulation to control such uses.

(§ 2, Ord. 272-C.S., eff. March 12, 1980)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) "Ocean beaches" shall mean that sandy area of land adjacent to the Pacific Ocean and west of Highway Number 1, unless such beach is interrupted by a street, road, public improvement for the use of the public, bluff, cliff, or other form of topography.

(b) "Operate a vehicle" shall mean to operate, stop, stand, or a park a vehicle.

(c) "Vehicle Code". Unless otherwise indicated, the definitions contained in the Vehicle Code of the State are incorporated in this chapter.

(d) "Vehicle" shall mean and include motor vehicles, motorcycles, minibikes, dirt bikes, dune buggies, and any motor-driven cycle or vehicle.

(§ 2, Ord. 272-C.S., eff. March 12, 1980)

Except as provided in this chapter, it shall be unlawful for any person to operate a vehicle as defined in Section 5-18.02 of this chapter off a public highway or street.

(§ 2, Ord. 272-C.S., eff. March 12, 1980)

The following operations shall be permitted:

(a) The operation of vehicles on parking lots or parking areas or loading areas when such operations are solely for ingress to, or egress from, such parking lots or parking areas;

(b) The operation of vehicles on private land, private roadways, or private easements by the owners or the members of the owner's family of such roadway or easement;

(c) The operation of vehicles for the purposes of agriculture, construction, or maintenance and repair;

(d) The operation of authorized emergency vehicles as defined by the Vehicle Code of the State; and

(e) The operation of publicly-owned vehicles by employees or agents of public agencies while discharging specific responsibilities of their employment or agencies.

(§ 2, Ord. 272-C.S., eff. March 12, 1980)

The violation of any provision of this chapter, including an operation without a valid permit where a permit is required or failure to present a permit when requested, shall be an infraction, and the first offense shall be a fine of Fifty and no/100ths ($50.00) Dollars; the second offense shall be a fine of One Hundred Fifty and no/100ths ($150.00) Dollars; and the third and subsequent offenses shall be fines of Two Hundred Fifty and no/100ths ($250.00) Dollars.

(§ 2, Ord. 272-C.S., eff. March 12, 1980)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The Council hereby declares that it would have passed this chapter, and each, section, subsection, clause, or phrase thereof, irrespective of the fact that any one or more other sections, subsections, clauses, or phrases may be declared invalid or unconstitutional.

(§ 2, Ord. 272-C.S., eff. March, 12, 1980)