This chapter is designed to regulate the operation of registered
and unregistered motorcycles 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.
(1263 § 1, 1972; 2804 § 1, 2011)
"Motorcycle"
is 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
1,500 pounds.
"Motor-driven cycle"
is any motorcycle, including every motor scooter, with a
motor that produces not to exceed five horsepower, and every bicycle
with motor attached.
"Highway"
is 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.
"Unimproved private property"
means any parcel of land that either contains no structures
or that is not surfaced with cement, concrete, asphaltic concrete,
or other similar material or that 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.
(1263 § 1, 1972; 2804 § 1, 2011)
A. No
person shall operate a motorcycle or motor-driven cycle other than
a publicly owned motorcycle or motor-driven cycle upon any public
sidewalk, walkway, parkway, or in any public park unless otherwise
permitted, 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 or motor-driven cycle having a valid
California vehicle registration by any person possessing a valid California
operator's license upon the public highways in the City.
B. No
person shall operate a motorcycle or motor-driven cycle, other than
a publicly owned motor-cycle or motor-driven cycle, upon any unimproved
parcel of real property within the City except as set forth in Section
10.76.040.
(1263 § 1, 1972; 2804 § 1, 2011)
Any person desiring to operate a motorcycle or motor-driven
cycle, and any owner of private property desiring to allow a person
or persons to operate a motorcycle or motor-driven cycle on his or
her private property, may do so upon first obtaining a permit from
the Police Chief of the City. Permits shall be issued upon his or
her 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.
B. That
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. That
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.
(1263 § 1, 1972; 2804 § 1, 2011)
The operation of any motorcycle or motor-driven cycle on unimproved
private property by authority of a permit issued in accordance with
the provisions of Section 10.76.040, shall be limited to the hours
commencing one-half hour before sunrise and ending one-half hour after
sunset. The operation of said vehicles shall not be permitted nearer
than 200 yards to any residential structure, church, assembly hall,
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 such 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.
(1263 § 1, 1972; 2804 § 1, 2011)
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 10 days after notification by the Police Chief that said permit
has been denied. The City Council shall thereupon conduct a hearing
on said appeal within 30 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.
(1263 § 1, 1972; 2804 § 1, 2011)