Woodside Municipal Code § 73.02 Compliance with regulations required

Unless otherwise indicated, the definitions incorporated in the California Vehicle Code shall be utilized for the purposes of this chapter.

(1975 Code, § 5-8.01) (Ord. 1977-273, effective 6-9-77)

No person shall operate a motor vehicle off a public highway or street except as set forth in Sections 73.03 and 73.04.

(1975 Code, § 5-8.02) (Ord. 1977-273, effective 6-9-77)

Cross reference— Penalty, see 10.99

The following operations of vehicles shall not require permits:

(A) The operation of motor vehicles upon parking lots, parking areas, or loading areas when such operation is solely for ingress to, or egress from, such parking lot, parking area, or loading area;

(B) The operation of motor vehicles upon private roadways or easements when such operation is solely for ingress to, or egress from, property;

(C) The operation of motor vehicles for the purposes of agriculture, construction, maintenance, and repair;

(D) The operation of authorized emergency vehicles as defined in California Vehicle Code § 165; and

(E) The operation of publicly-owned vehicles by employees or agents of a public agency while discharging the specific responsibilities of their employment or agency.

(1975 Code, § 5-8.03) (Ord. 1977-273, effective 6-9-77)

The following operations by property owners shall require permits:

(A) The operation of a motor vehicle upon private roadways or public or private easements by property owners or members of property owners' families where such operations are not within the provisions of Section 73.03; and

(B) The operation of a motor vehicle upon unpaved land, public or private, by property owners or members of property owners' families where such operations are not within the provisions of Section 73.03.

(1975 Code, § 5-8.04) (Ord. 1977-273, effective 6-9-77)

(A) Any property owner desiring an exception shall file a verified application with the secretary of the Planning Commission. The application shall set forth the following information:

(1) The property owner's name, the assessor's parcel number, the residence and business addresses of the applicant, and the names of the members of the property owner's family who are authorized by the property owner to operate the vehicle;

(2) A description and contour map to scale of the area in which a permit for motor vehicle use is desired, showing all roads, trails, paths, and easements for the same, buildings, watercourses, paved areas, and fences locate within the proposed area or within 600 feet of the proposed area;

(3) A description of the vehicles to be operated, including the type of vehicle, horsepower, weight, license number, identification number, and registered owner;

(4) The purpose for which such operation is desired;

(5) The hours and days of the week for which the permit is requested; and

(6) Such further information as the Planning Director or Planning Commission may request.

(B) An application fee shall be paid at the time an application is filed, and the amount shall be set by Town Council resolution.

(1975 Code, § 5-8.05) (Ord. 1977-273, effective 6-9-77)

(A) The Planning Director shall review the application and, after such investigation as he/she may deem appropriate, report his/her findings to the Planning Commission and to the applicant. The Planning Commission may issue a permit for an exception provided the Planning Commission makes the following findings:

(1) The permitted operation will not create significant dust, erosion, siltation to streams, danger of fire, or cause the destruction of vegetation on the property or adjacent areas and the downstream riparian areas and downslope areas;

(2) The permitted operation will not intrude upon equestrian or pedestrian trails or paths upon watercourses or wildlife habitat; and

(3) The permitted operation will be sufficiently isolated so that, considering the type of vehicle, any resultant noise, dust, and fumes will not constitute a nuisance. The existence of buildings used for residential or business purposes within 600 feet of the proposed area of operation shall result in a presumption that such a nuisance would exist, and the burden shall be upon the applicant to refute such presumption.

(B) The Planning Commission may attach reasonable conditions to the permit as the Planning commission deems necessary to allow the required findings to be made.

(1975 Code, § 5-8.06) (Ord. 1977-273, effective 6-9-77)

All such permits issued shall contain the following information, and such permits shall be signed by the applicant agreeing to abide to such conditions:

(A) Each permit shall be valid for one year after the date of issuance, shall be limited to the hours commencing with 8:00 a.m. and ending at sunset, and shall so state. Each permit shall include limitations so as to prohibit the operation of vehicles in mud or during periods of rainfall when topsoil is most vulnerable to damage.

(B) The permit shall not be an expression of opinion that the permitted operation can be done with safety to the operator or to the other persons or property. All such risks shall be assumed by the permittee or property owner, and the permit shall so state.

(C) The permit shall include the name, age, address, and any physical description of the permittee; the description, license number, and identification number of the vehicles covered; a description of the areas of operation permitted; the times during which the operation is permitted; the purpose of the permitted operation; and any other information or limitations deemed suitable by the Planning Commission.

(D) The property owners shall agree to restore, at any time, to its natural condition, any area damaged by the use of motor vehicles in the exercise of such permits.

(E) Any permit shall be subject to suspension by the Planning Director if, after investigation, it is determined by the Planning Director that the conditions of the permit have been violated. The Planning Director shall report his/her action and findings to the Planning Commission which shall hear the matter at its next regular meeting or within 30 days, whichever is less. Within 30 days after such hearing, the Planning Commission shall either suspend, revoke, or overrule the action of the Planning Director.

(1975 Code, § 5-8.07) (Ord. 1977-273, effective 6-9-77)

The operation of a motor vehicle shall conform to the terms of the permit at all times for which a permit is required. The permit shall be kept in the possession of the operator at all times while operating the vehicle and shall be presented to a peace officer or members of the Town staff at the time such vehicle is in operation, upon request.

(1975 Code, § 5-8.08) (Ord. 1977-273, effective 6-9-77)

Cross reference— Penalty, see 10.99

The violation of any provision of this chapter, including operations without a valid permit where one is required, or failure to present the permit when requested, shall be an infraction punishable either under a provision of the California Penal Code or as provided Sections 10.40 through 10.58 and 10.99 of this Code.

(1975 Code, § 5-8.10) (Ord. 1977-273, effective 6-9-77)

Cross reference— Code compliance; judicial and administrative remedies, see Sections 10.40 through 10.53