Chapter 7.36 — OFF-HIGHWAY VEHICLE OPERATION REGULATIONS

(a)

The city council finds that there is an increase in the 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 state vehicle code provides for the regulation of vehicles and operators on the public streets and highways of the state.

(2)

The off-highway 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.

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; and

f.

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-highway use of motorcycles and other motor-driven vehicles on private and public property of the city.

(Code 1972, § 7.36.010; Ord. No. 1302, § 5, 5-13-2014)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Motor vehicle shall have the same meaning as set forth in section 415 of the California Vehicle Code.

Off-highway motor vehicle shall have the same meaning set forth in section 38006 of the California Vehicle Code.

(Code 1972, § 7.36.020; Ord. No. 1302, § 5, 5-13-2014)

(a)

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

(b)

The provisions of this chapter shall not apply to the otherwise proper and legal operation of an off-highway motor vehicle on or within any area, trail or route specifically designed or authorized by local, state or federal government agency for use by off-highway motor vehicles.

(c)

The provisions of this chapter shall not apply to the operation of an off-highway motor vehicle on private lands for purposes of servicing or repairing such off-highway motor vehicle; provided, however, no such operation shall include racing, competition, exhibitions of speed, demonstrations or stunts or entertainment.

(d)

Owners of real property, and their legal agents, operating an off-highway motor vehicle to conduct lawful business upon such real property shall be exempt from the provisions of this chapter.

(e)

The provisions of this chapter shall not apply to the use of farm vehicles for agricultural purposes, vehicles being used for grading or construction purposes, vehicles being used for governmental purposes, or golf carts being used on golf courses.

(f)

The provisions of this chapter shall not apply upon any public highway, street, road or alley within the city.

(Code 1972, § 7.36.030; Ord. No. 1302, § 5, 5-13-2014)

No person shall operate any off-highway motor vehicle on private or public lands within the jurisdictional boundaries of the city.

(Code 1972, § 7.36.040; Ord. No. 1302, § 5, 5-13-2014)

(a)

Public nuisance. A violation of section 7.36.040 by any person responsible for committing, causing, allowing or maintaining such violation shall constitute a public nuisance, and the city is hereby authorized to immediately commence action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such nuisance.

(b)

Criminal violation. A violation of section 7.36.040 by any person responsible for committing, causing, allowing or maintaining such violation shall constitute an infraction, which shall be subject to the provisions of chapter 1.16. Following the first offense, any subsequent violation of section 7.36.040 by any person or

owner responsible for committing, causing, allowing or maintaining such violation shall constitute a misdemeanor, which shall be subject to the provisions of chapter 1.16.

(c)

Administrative citation. In lieu of issuing an infraction citation for a violation of section 7.36.040, the city may issue an administrative citation, pursuant to chapter 1.18, to any person responsible for committing, causing, allowing or maintaining a violation of section 7.36.040. Nothing in this paragraph shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

(d)

Administrative fine. Any person issued an administrative citation for violating section 7.36.040 shall, for each separate violation, be subject to the penalties set forth in section 1.18.040.

(e)

Penalty not exclusive. Nothing in this section shall preclude the city from also pursuing any other remedies provided by law, including the abatement procedures set forth in chapter 7.06.

(Code 1972, § 7.36.050; Ord. No. 1302, § 5, 5-13-2014)