Yorba Linda Municipal Code Ch. 10.44 Recreational Vehicles

Note: Prior history: Prior code §§ 19-94—19-99.

The provisions of this chapter are designed to regulate the operation of registered and unregistered motorcycles, motor-driven cycles, four-wheel drives, and recreational vehicles by all persons, whether they possess a valid state motor vehicle operator's license or not, upon another's unimproved private property and upon all public property except highways, in the City.

(Ord. 95-755 § 1, 1995)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Four-wheel drive"

means those vehicles commonly referred to as "four-wheel drives" which are capable of being operated in four-wheel rather than two-wheel drive mode on rough, uneven or difficult terrain.

"Highway"

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

"Motorcycle"

means any motor vehicle other than a tractor having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred pounds.

"Motor-driven cycle"

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

"Recreational vehicle"

means any vehicle being operated for recreational purposes, as that term is generally used and understood, including, but not limited to, any vehicle generally known as an allterrain vehicle, sand buggy, dune buggy or jeep.

"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. 95-755 § 1, 1995)

Any person desiring to operate a motorcycle, motor-driven cycle, four-wheel drive, or recreational vehicle on the unimproved private property of another, and any owner of private property desiring to allow another person or persons to operate a motorcycle, motor-driven cycle, four-wheel drive or recreational vehicle on his or her unimproved private property may do so upon first obtaining a permit from the City Manager. Permits shall be issued upon the City Manager's determination that:

A. The owner of such real property concerned, or the person in lawful possession thereof, has consented in writing to the proposed operation;

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;

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

(Ord. 95-755 § 1, 1995)

Any person whose application for a permit pursuant to Section 10.44.030 is denied may appeal such decision to the City Council by filing a written notice of appeal and paying the appeal fee within ten days after notification by the City Manager that such permit has been denied. The City Council shall thereupon conduct a hearing on such appeal within thirty days from the date of filing such notice of appeal with the City Clerk. The decision of the City Council shall be final and conclusive upon all persons concerned.

(Ord. 95-755 § 1, 1995)

A. The operation of any motorcycle, motor-driven cycle, four-wheel drive or recreational vehicle on the unimproved private property of another by authority of a permit issued in accordance with the provisions of Section 10.44.030, shall be limited to the hours commencing one-half hour before sunrise and ending one-half hour after sunset.

B. The operation of such vehicles on the unimproved private property of another shall not be permitted nearer than two hundred yards to any residential structure, church, assembly hall or school.

C. 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.

D. The permit shall be displayed on the vehicle at all times and shall be presented to any peace officer on request.

E. 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 the property; all such risks are to be assumed by the permittee or property owner.

(Ord. 95-755 § 1, 1995)

A. No person shall operate a motorcycle, motor-driven cycle, four-wheel drive or recreational vehicle, other than vehicles owned or operated by the City, or the state, county, district or political subdivision, or vehicles owned or operated by, or under contract with, a public utility, 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, motor-driven cycle, four-wheel drive or recreational vehicle having a valid state vehicle registration by any person possessing a valid state operator's license upon the public highways in the City.

B. No person shall operate a motorcycle, motor driven cycle, four-wheel drive or recreational vehicle, other than a publicly owned or operated motorcycle, motor-driven cycle, four-wheel drive or recreational vehicle upon any unimproved parcel of real property owned by another within the City, except as set forth in Section 10.44.030.

C. No person shall operate a motorcycle, motor-driven cycle, four-wheel drive or recreational vehicle, other than a publicly owned or operated motorcycle, motor-driven cycle, four-wheel drive or recreational vehicle, upon a private road, whether improved or unimproved, except as set forth in Section 10.44.030; provided, however, that any such person who owns property adjacent to a private road or is a guest of a person owning property adjacent to a private road, shall not be required to secure a permit for use of the private road.

(Ord. 95-755 § 1, 1995)