The city council finds and declares that numerous motor vehicles have been driven in and upon unimproved lands located within the boundaries of the city causing serious soil erosion of slopes, hills, washes, gullies and ravines.
The city council further finds and declares that the excessive noise and dust emanating from and caused by such motor vehicles being driven upon and operated off the public roads and upon the unimproved lands within the city has tended to and does create a public nuisance by disturbing the quiet and repose of the citizens of the city so as to interfere with the comfortable enjoyment of life and property.
(Prior code § 15-20)
No person shall operate any motor vehicle, including a motorcycle or motor driven cycle, as such are defined in the State Vehicle Code, on unimproved private or public property within the city without first having obtained the prior written permission of the owner thereof. Nothing in this section shall be construed so as to permit the operation of such motor vehicles in violation of Section 10.20.020. Any person operating a motor vehicle with such prior written permission shall have such permission within his or her immediate possession at all times while operating a motor vehicle upon such unimproved land.
(Prior code § 15-22)
No person shall operate on public or private property, other than a public street or highway, a motor vehicle, including a motorcycle or motor driven cycle, as is defined by the State Vehicle Code, at any time or under any condition of grade, load, acceleration or deceleration, in such a manner as to exceed the noise limit established for the type of vehicle being operated by the State Vehicle Code.
(Prior code § 15-23)
The provisions of this chapter shall not prohibit the operation of motor vehicles when such motor vehicles are:
A. 
Authorized emergency vehicles as defined in the State Vehicle Code Section 165;
B. 
Operated upon property used for raceways, racing stadiums or racing facilities, which are authorized under the ordinances of the city;
C. 
Operated upon parking lots or structures open to the public, or private parking lots or structures operated solely for ingress to and egress from such parking area and parking;
D. 
Operated upon property primarily used for motor vehicle, motorcycle or motor driven cycle retail or wholesale sales, service or repair, manufacture or distribution, but operated in a manner not to be offensive and which shall not disturb the peace and quiet of the general neighborhood;
E. 
Generally used in conjunction with commercial, industrial or office uses and used solely in conjunction with such uses, and in a manner not to be offensive and which shall not disturb the peace and quiet of the general neighborhood;
F. 
Operated upon private roadways or easements necessary for ingress to and egress from property used for those purposes designated in subsections B through E of this section, and for no other purposes;
G. 
Operated upon public streets and highways; or
H. 
Operated on property actually used for residential purposes, where such motorcycles or motor driven cycles are on such property at the express or implied invitation of the owner or occupant, and when such use is solely for ingress to or egress from such residential property.
(Prior code § 15-24)
The regulations contained in this chapter do not supersede or preclude the enforcement of the zoning regulations, noise regulations or any other regulations contained in this code which are applicable to any conduct regulated hereby.
(Prior code § 15-25)
A. 
Any person who violates any provision of this chapter is guilty of an infraction and shall be subject to a fine, for a first offense, of not less than $25 nor more than $50; and for a second offense within one year, not less than $50 nor more than $100; and for a third or subsequent violation within one year, a fine of not less than $100 nor more than $250.
B. 
Violations of any provision of this chapter shall be deemed a public nuisance subject to abatement or civil action, as provided by law.
C. 
Upon a first offense, the use of any motorcycle or motor driven cycle used in violation of any provision of this chapter shall be subject to forfeiture for a period of 30 days as provided in this subsection. Upon a second or subsequent offense within a period of one year, any motorcycle or motor driven cycle used in violation of any provision of this chapter shall be subject to forfeiture as provided in this subsection. Such forfeiture shall be effected only upon order of the court and proceedings for such forfeiture may be commenced by the city in any court of general jurisdiction in the same manner as the commencement of a civil action. A criminal conviction of violation of a provision of this chapter shall not be a prerequisite to commencement of forfeiture proceedings. Notice of commencement of such action shall be served upon. each owner whose right, title or interest is of record in the Department of Motor Vehicles of the state of California or appropriate federal agency; and to each owner whose name and address is known. Notice may be given to any unknown owners, or owners whose address is unknown, by publication once in a newspaper of general circulation in the city. If the court or jury finds, upon a preponderance of evidence, that the motorcycle or motor driven cycle was used in violation of this chapter, the court shall order such vehicle, or the use thereof, forfeited and shall issue such orders for seizure of the vehicle as may be appropriate. In the case of a first offense, the order shall direct the city to impound the vehicle for a period of 30 days, upon the expiration of which the vehicle shall be returned to the owner. If the court or jury finds that the vehicle was used in violation of any provision of this chapter, but does not find that the vehicle was being used with the knowledge and consent of its owner, then the court shall order the vehicle released to the registered owner. In the case of a second or subsequent offense, if the court or jury finds that the vehicle was used in violation of any provision of this chapter, but does not find that a person holding a valid lien, mortgage, security interest or interest with actual knowledge that the vehicle was to be used for a purpose for which forfeiture is permitted, and if the amount due him or her is equal to, or in excess of, the appraised value of the vehicle, the court shall order the vehicle released to him or her. If the amount due him or her is less than the appraised value of the vehicle, that person may pay to the city the difference between the appraised value and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon such payment, the city shall relinquish all claims to the vehicle and release the vehicle to him or her. If the holder of the interest elects not to make such payment to the city, the vehicle shall be deemed forfeited to the city and the ownership certificate shall be forwarded. Appraised value is to be determined as of the date judgment is entered on a wholesale basis, either by agreement between the legal owner and the city, or if such persons cannot agree, then by the inheritance tax appraiser for the county in which the action is brought. In the event the vehicle is not released to a registered owner or a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract, then the vehicle shall be sold in the same manner as surplus city property. Upon such sale, proceeds of such sale shall be distributed first to any person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract which is less than the value of the vehicle and who elected not to redeem the vehicle, to the extent of such interest, when the court declaring the forfeiture orders a distribution to such person. The balance, if any, shall be deposited in a general fund of the city.
(Prior code § 15-26)