Chapter 13.72 — MOTORCYCLES AND MOTOR-DRIVEN CYCLES

The city council finds that the operation of licensed and unlicensed motorcycles and motordriven cycles on unimproved private property and on public parkways, sidewalks, parklands, and other public property (except public streets and highways) in the city creates excessive amounts of irritating dust, fumes, noise, erosion and fire danger, and constitutes a public nuisance to the residents of Placentia. This chapter is designed to regulate the operation of registered and unregistered motorcycles and motordriven cycles by all persons, whether they possess a valid California motor vehicle operator's license or not, upon unimproved private property and upon all public property except public streets and highways in the city. (Prior code § 17-100; Ord. 70-O-113 § 1, 1970)

"Highway" means a street, road, way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"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 not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds.

"Motor-driven cycle" means any motorcycle, including every motor scooter, "mini-bike," "gocart," and every bicycle with motor attached.

"Unimproved private property" means any parcel of land which either contained no structures or which is not surfaced with cement, concrete, asphaltic concrete, or other similar material, or which does not have a hard surface made up of a mixture of rock, sand or gravel bound together with a chemical or mineral substance other than natural soil. (Prior code § 17-101; Ord. 70-O-113 § 1, 1970)

• (a) No person shall operate a motorcycle or motor-driven cycle other than a publicly-owned motorcycle or motordriven cycle, upon any public sidewalk, walkway, parkway or in any public park or recreational area or upon any other publicly-owned property, except highways within the city. This shall not be construed to prohibit the operation of a motorcycle or motor-driven cycle having a valid California vehicle registration by any person possessing a valid California operator's license upon the public highways in the city.

• (b) No person shall operate a motorcycle or motor-driven cycle, upon any unimproved parcel of real property within the city, except as set forth in Section 13.72.040.

• (Prior code § 17-102; Ord. 70-O-113 § 1, 1970)

Any person desiring to operate a motorcycle or motor-driven cycle, and any owner of private property desiring to allow a person or persons to operate a motorcycle or motor-driven cycle on his private property, may do so upon first obtaining a permit from the chief of police of the city. Permits shall be issued upon his determination that:

• (1) The owner or owners of said real property concerned, or the person or persons in lawful possession thereof, have consented in writing to the proposed operation; and

• (2) That the city fire chief has certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle and its proposed operation or by reason of the nature of the property concerned; and

• (3) That such operation is of sufficient distance from occupied residences, churches, assembly halls, or schools, as not likely to constitute a noise, dust or fumes nuisance.

Any owner of property meeting the requirements of this section, or his agent, may in writing, authorize the chief of police to issue permits for the operation of motorcycles or motor-driven cycles on his property. Such authorization is to be in the form prescribed by the chief of police and must describe the real property and may limit the authority to the persons set forth in said authorization. Any change of interest in ownership in the real property shall be deemed an automatic revocation of such authorization. All persons holding a title interest in and to a parcel of real property must join in said authorization.

(Prior code § 17-103; Ord. 70-O-113 § 1, 1970)

The contents of the permit required by Section 13.72.040 shall be as follows:

• (1) Name, birth date and physical description of the permittee;

• (2) A statement that the permittee shall not operate or cause to be operated a motorcycle or motor-driven cycle on any real property except the real property set forth in the permit by description;

• (3) A statement of the hours that the permit authorizes operation of the motorcycle or motordriven cycle;

• (4) A statement that said permit shall be carried by permittee at all times that he is operating a motorcycle or motor-driven cycle on public or private property as defined in this chapter and that the permit shall be exhibited to any police officer upon demand;

• (5) The date of expiration of the permit which shall in no event exceed one year, unless sooner revoked or suspended;

• (6) A statement that the permit is not an expression by the city that the proposed operation can be done with safety to the permittee or other persons or property, all of which risks are assumed by permittee or property owner;

• (7) A statement that the written consent of the property owner in a form satisfactory to the chief of police shall accompany this application;

• (8) The signature of the permittee, and if the permittee is a minor person, the written consent of one parent or guardian of such minor.

• (Prior code § 17-104; Ord. 70-O-113 § 1, 1970)

Any applicant refused a permit may appeal such refusal to the city council by filing an appeal with the city clerk, in writing, setting forth the grounds. The city council shall conduct a hearing upon the appeal within thirty days after the filing of the appeal with the city clerk and after at least ten days written notice to the appellant.

(Prior code § 17-105; Ord. 70-O-113 § 1, 1970)

Any permit issued hereunder is subject to suspension or revocation by the city council, after ten days' written notice to the permittee of the hearing on such matter on any of the following grounds:

• (1) The owner or agent of the real property has withdrawn his consent;

• (2) Conditions concerning the real property covered by the permit have changed so that conditions exist which would be grounds for refusal to issue the permit;

• (3) Permittee has violated any of the terms or conditions of the permit or any law while on private or public property pursuant to permit issued herein.

• (Prior code § 17-106; Ord. 70-O-113 § 1, 1970)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than $25 but not exceeding $100, or imprisonment for a period not to exceed 30 days, or by both said fine and imprisonment. (Prior code § 17.107; Ord. 70-O-113 § 1, 1970)

CHAPTER 13.76 BICYCLES

Note: Prior ordinance history: Ords. 73-O-123, 68-O-128; prior code §§ 5-1—5-9.