Rohnert Park Municipal Code Ch. 10.68 Motorcycles

It is the finding of the city council that the operation of motorcycles and motor-driven cycles in drainage ways and other inappropriate areas in the city is increasing and has reached a level where serious hazards relating to safety, fire, dust, pollution and noise have developed. It is the purpose of this chapter to prohibit the operation of such vehicles on public and unimproved private property, except pursuant to a permit issued through the office of the city manager.

(Ord. 199 § 1, 1973)

The provisions of this chapter are designed to regulate the operation of registered and unregistered motorcycle 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. 199 § 2, 1973)

A. "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.

B. "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, except that four wheels may be in contact with the ground when two of the wheels are a functional part of a sidecar.

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

D. "Private property" means property in private ownership.

E. "Public property" means property owned by the city or other public body.

F. "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. 199 § 3, 1973)

No person shall operate a motorcycle or motor-driven cycle upon any public sidewalk, walkway, bicycle or bike path, drainage way, channel, parkway or in any public park, school yard or recreational area or upon any other publicly owned property, except highways, within the city, except pursuant to Section 10.34.050.

(Ord. 249 § 1, 1974: Ord. 199 § 4, 1965)

The provisions of Section 10.34.040 shall not prohibit the operation of motorcycles and motor- driven cycles upon public or private unimproved property when such motor vehicles are:

A. Authorized emergency vehicles;

B. Operated pursuant to a permit received from the city manager or his designee pursuant to Section 10.34.060 of this chapter;

C. Operated upon unimproved private property solely for ingress and egress;

D. Owned by a governmental agency and on public business.

(Ord. 199 § 5, 1965)

Any person desiring to operate a motorcycle or motor-driven cycle on public or on unimproved private property may apply for a permit with the city manager or his designee. Permits shall be issued upon a 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. 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

C. That such operation will not create a public safety hazard and is of sufficient distance from occupied residences, churches, assembly halls or schools, as to likely not constitute a noise, dust, or fumes nuisance.

A reasonable fee, as established by the city council, may be charged by the city for the processing of such applications.

(Ord. 199 § 6, 1965)

The operation of any motorcycle or motor-driven cycle on public property or unimproved private property by authority of a permit issued in accordance with the provisions of Section 10.68.060, shall be limited to the hours commencing one-half hour before sunrise and ending one-half hour after sunset. The operation of said vehicle shall not be permitted nearer than two hundred yards to any residential structure, church, assembly hall, drainage way, channel, park, 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 the proposed operation can be done with safety to the operator or other persons or property, all of which said risks are assumed by the permittee or property owner.

(Ord. 199 § 7, 1965)

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 ten days after notification by the city manager 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. 199 § 8, 1965)

Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to the fines, penalties and other provisions of Chapter 1.16.

(Ord. 288 § 1, 1975: Ord. 199 § 9, 1965)