Rolling Hills Estates Municipal Code Ch. 10.48 Motorcycles Prohibited in Certain Areas

The continued presence and operation of motorized two-wheeled vehicles on private property and on bridle and hiking trails, both public and private, within the city has endangered the life, health and property of persons hiking or riding horses thereon, damaged such property as consists of open and recreational space set aside to protect the environment and otherwise constitute a substantial present danger to the peace, health, safety and general welfare of the inhabitants of the city.

(Prior code § 1260)

It is declared a public nuisance for any vehicle to be used or ridden upon a public bridle or hiking trail or any private property. The term "vehicle" for purposes of this chapter means a motorcycle or motor-driven cycle as the same are defined in Sections 400 and 405, respectively, of the California Vehicle Code, whether licensed for use on public streets or not.

(Prior code § 1261)

This chapter shall not apply to a vehicle used or operated:

A. By a peace officer engaged in the performance of official duty;

B. On private property in the C-G, C-L or C-O zones;

C. On any private street on which enforcement of the California Vehicle Code has been duly authorized;

D. On private property zoned for purposes other than commercial where the owner thereof has consented in writing to the acts described in Section 10.48.020.

(Prior code § 1266)

Upon receipt of evidence that a vehicle has been used or operated contrary to the provisions of Section 10.48.020, the city council may fix a date for hearing on abatement of the alleged public nuisance. Notice of such hearing, specifying the nature thereof, shall be served on the registered owner and legal owner thereof as shown on the records of the California Department of Motor Vehicles not less than ten days prior to the date of the hearing. Service shall be completed by deposit of a copy of the notice in a sealed envelope, postage prepaid, in the United States mail, addressed to the person or persons at their last known addresses.

(Prior code § 1262)

At the hearing, the city council shall hear and consider all relevant evidence, objections, or protests related to the existence of such alleged public nuisance. If the city council determines that the vehicle was used or operated so as to constitute a public nuisance as defined in Section 10.48.020, it may order the abatement of same by forfeiture of the vehicle to the city. Any abatement by forfeiture shall be in the form of a resolution adopted by the city council and served upon the same persons and in the same manner as provided in Section 10.48.040. Upon such service, the vehicle shall immediately be seized and impounded at any establishment authorized for such purposes pursuant to the California Vehicle Code. Thereafter, it shall be sold to the highest bidder at public auction by the city clerk.

(Prior code § 1263)

A person holding a bona fide lien or other security interest acquired without actual knowledge that the vehicle was to be used for the purposes described in Section 10.48.020, may have the vehicle released to him if the amount due is equal to or in excess of the appraised value of the vehicle. If the amount due is less than the appraised value of the vehicle, such person may pay to the city the amount of the registered owner's equity and upon such payment the city shall relinquish all claims to the vehicle. If such person elects not to make such payment, the vehicle shall be deemed forfeited and the ownership certificate shall be forwarded to the city. Appraised value is to be determined as of the date of adoption of the resolution described in Section 10.48.050 on a wholesale basis as agreed between the city and such person. If such value cannot be agreed upon, then such appraised value shall be fixed by any inheritance tax appraiser in the county.

(Prior code § 1264)

The proceeds of sale of a forfeited vehicle shall be distributed in the following order:

A. Costs of sale;

B. Costs of storage pending sale;

C. The holder of a bona fide lien or security interest not participating in the nuisance up to the amount of his interest in the vehicle when the city council declaring the forfeiture orders such distribution to him;

D. To the trail fund of the city.

(Prior code § 1265)