Rialto Municipal Code Ch. 10.57 Motorcycles and Motor-Driven Cycles

This chapter is designed to regulate the operation of registered and unregistered motorcycles and motor-driven 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 highways, in the city.

(Ord. 687 § 1 (part), 1975)

A. "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.

B. "Motor driven cycle" means any motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower, and every bicycle with motor attached.

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

D. "Unimproved private property" means any parcel of land which either 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 made up of a mixture of rock, sand or gravel bound together with a chemical or mineral substance other than natural soil.

(Ord. 687 § 1 (part), 1975)

A. No person shall operate a motorcycle or motor-driven cycle other than a publicly owned motorcycle or motor-driven 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, other than a publicly owned motorcycle or motor-driven cycle, upon any unimproved parcel or real property within the city, except as set forth in Section 10.57.040.

(Ord. 687 § 1 (part), 1975)

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/her private property may do so upon first obtaining a permit from the chief of police of the city. Permits shall be issued upon his/her determination that:

A. 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

B. The city fire marshal 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

C. Such operation is of sufficient distance from occupied residences, churches, assembly halls or schools so as likely not to constitute a noise, dust or fumes nuisance.

(Ord. 1234 (part), 1995: Ord. 687 § 1 (part), 1975)

The operation of any motorcycle or motor-driven cycle on unimproved private property by authority or a permit issued in accordance with the provisions of Section 10.57.040 shall be limited to the hours commencing one-half hour before sunrise and ending one-half hour after sunset. The operation of said vehicles shall not be permitted nearer than two hundred yards to any residential structure, church, assembly hall or school. Each permit so issued shall specify the effective date or dates of operation for which the permit is valid and shall further specify the area or areas of permitted operation. The permit shall be displayed on the vehicle at all times and shall be presented to any peace officer on request. The permit is not, and shall so state on its face, an expression by the city that such proposed operation can be done with safety to the operator or other persons or property, all of which risks are assumed by the permittee or property owner.

(Ord. 687 § 1 (part), 1975)

Any person whose application for a permit is denied may appeal such decision to the city council by filing a written notice of appeal within fifteen days after notification by the chief of police that said permit has been denied. The city council shall thereupon conduct a hearing on said appeal within thirty days from the date of filing said notice of appeal with the city clerk. The decision of the city council shall be final and conclusive upon all persons concerned.

(Ord. 1234 (part), 1995: Ord. 687 § 1 (part), 1975)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than one hundred dollars but not exceeding one thousand dollars, or imprisonment for a period not to exceed thirty days, or by both said fine and imprisonment.

(Ord. 1234 (part), 1995: Ord. 687 § 1 (part), 1975)

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 the chapter. The city council declares that it would have passed the ordinance codified in 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.

(Ord. 687 § 1 (part), 1975)