Saratoga Municipal Code Art. 9-45 Off-Street Vehicle Operation

This Article regulates the operation of motor vehicles upon public and private property, except public streets and highways, by any person, whether or not he possesses a valid motor vehicle operator's license.

Except as otherwise provided in Section 9-45.030, it shall be unlawful for any person to use or operate on any public or private property in the City, any motor vehicle for which no current permit has been issued in accordance with this Article.

The permit requirement of Section 9-45.020 shall not apply to any of the following:

(a) Operation under the Vehicle Code of a vehicle having valid motor vehicle registration, by a person possessing a valid operator's license, upon any public street, highway, drive, parking lot or other area intended for use by motor vehicles, or upon any private road, driveway or parking area.

(b) Vehicles designed primarily for agricultural, horticultural or construction purposes and while being used in the ordinary, normal and lawful manner in connection with such agricultural, horticultural or construction purposes.

(c) Operation of a vehicle by a public employee acting within the course and scope of his employment.

Application for a permit to operate a motor vehicle pursuant to this Article shall be made to the City Manager, accompanied by payment of such application fee as established from time to time by resolution of the City Council. The application shall contain the following information:

(a) Description of the real property on which the motor vehicle will be operated and the name and address of the owner of such property.

(b) Written consent to the use of the real property for operation of a motor vehicle by the owner or person having lawful possession of such property, and the length of time for which such consent is given, not to exceed one year.

(c) Description of the motor vehicle to be operated and the hours of operation.

(d) Such other information as may be requested by the City Manager.

The City Manager shall forward the application to the following persons for an investigation and recommendation thereon:

(a) The Planning Director, for determination as to whether the proposed use will be contrary to any zoning regulations or other City ordinance applicable to the property or will have an adverse effect upon the environment or upon the occupants of neighboring properties.

(b) The County Sheriff for determination as to whether the proposed use will violate any State laws or otherwise create a safety risk and whether the motor vehicle for which the permit is requested has been certified, if required under the provisions of Section 9-45.090.

(c) The Chief of the Fire District in which the property is located, for determination as to whether the proposed use will create any fire hazard.

No permit may be issued under this Article unless the City Manager finds and determines that:

(a) The use will not have an adverse impact upon the environment or upon the occupants of neighboring properties.

(b) The use will not create a safety or fire hazard.

(c) The owner of the real property upon which the motor vehicle will be operated has consented to such use.

(d) The real property upon which the motor vehicle will be operated is located at least five hundred feet from any dwelling, church, school, office, medical facility, or recreation facility not utilized for the operation of off-road vehicles.

(e) The use will not violate any laws, ordinances, rules or regulations of the City or the State.

(f) The vehicle for which the permit will be issued has been certified by the County Sheriff, if required under the provisions of Section 9-45.090.

(g) The use will not be contrary to the public interest.

(a) Contents. A permit issued pursuant to this Article shall contain the following:

(1) Name and address of permittee.

(2) Type of vehicle which may be operated.

(3) Hours of operation.

(4) Duration of permit, not to exceed one year.

(5) Description of the real property on which the vehicle may be operated.

(6) A statement that the City makes no representation as to the safety of persons or property, and that any and all risks involved in the operation of the motor vehicle are specifically assumed by the permittee and by the owner or person in lawful possession of the real property on which the vehicle will be operated.

(b) Conditions. All permits issued pursuant to this Article shall be subject to the following conditions:

(1) Vehicles may be operated only between the hours of 9:00 A.M. and 6:00 P.M.

(2) Operation of the vehicles shall be confined to the real property described in the permit.

(3) The vehicle being operated shall be of the type described in the permit. The permit shall apply to a single vehicle only, unless otherwise expressly provided in the permit.

(4) The permittee must have a valid and unexpired permit in his possession at all times while operating the vehicle and must present the same upon request to any law enforcement officer or employee of the City having authority to enforce this Article.

Any permit issued pursuant to this Article may be revoked by the City Manager under any of the following circumstances:

(a) The owner of the real property described in the permit transfers Title to such property.

(b) The consent to use of the motor vehicle upon the real property described in the permit is withdrawn.

(c) Violation by the permittee of any condition of the permit or any provision of State or City laws pertaining to the operation of the vehicle.

(d) Any of the findings set forth in Section 9-45.060 can no longer be made.

(a) It shall be unlawful for any person to use or operate on any public or private property in the City any off-street motor vehicle which has not been certified by the County Sheriff as being in compliance with the requirements and specifications set forth in Paragraph (b) of this Section. As used in this Section, the term "off-street motor vehicle" shall have the same meaning as "off-highway motor vehicle" as defined in Section 38006 of the Vehicle Code.

(b) Certification shall be made only if the County Sheriff determines that the off-street motor vehicle satisfies all of the following requirements and specifications:

(1) The off-street vehicle is equipped with a valid off-highway identification plate or device as described in Section 38010 of the Vehicle Code, unless exempted from such requirement under the provisions of Subsection 38010(b) of the Vehicle Code.

(2) The off-street vehicle is equipped with service brakes as required by Section 26311 of the Vehicle Code.

(3) The off-street vehicle is equipped with an adequate muffler as described in Section 27150 of the Vehicle Code which is capable of maintaining a sound level not greater than 83 dBA under any condition of grade, load, acceleration or deceleration, notwithstanding any exceptions to Section 27150 of the Vehicle Code.

(4) If the off-street vehicle is a motorcycle, it is equipped with (i) an adequate spark arrester as required by Section 4442 of the Public Resources Code; (ii) ball-end break levels on controls mounted on handlebars; (iii) folding foot pegs; (iv) rubber padding on the brake cable take-up rod; and (v) a "killswitch" cut off on the upper side of the righthand grip.

It shall be unlawful for any parent, guardian or other adult person having custody, care or control of any minor under the age of eighteen years to allow or permit such minor to violate any provision of Sections 9-45.020 or 9-45.090.

It shall be the duty of all policemen and Community Service Officers appointed for such purpose and all deputies of the County Sheriff performing police services in the City to enforce all of the regulations set forth in this Article and any State laws applicable to the operation of off-street vehicles in the City.