This chapter is designed to regulate the operation of registered
and unregistered motorcycles, motor driven cycles and similar devices
by all persons upon unimproved private property and to prohibit such
operation upon all public property except highways, in the City of
Plymouth.
(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2007-04 § 1; Ord. 2008-01 § 1)
means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
Highways include street.
means 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, except that four wheels may be in contact with the ground
when two of the wheels are a functional part of a side car.
means any motorcycle, including every motor scooter, with
a motor which produces less than 15 gross brake horsepower, and every
bicycle with motor attached.
means any motorized self propelled vehicle, including, but
not limited to, dirt bikes, trikes, motorized scooters, and quad runners.
This definition shall be interpreted liberally to accomplish the purposes
of this chapter.
means either: (1) any parcel of private property which contains
no structures; or (2) any parcel of private property or portion thereof
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. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2007-04 § 1; Ord. 2008-01 § 1)
A.
No
person shall operate a motorcycle, motor driven cycle, or similar
device, other than a publicly owned motorcycle, motor driven cycle,
or similar device, upon any public property, including sidewalks,
walkways, bicycle or pedestrian trails, within the City of Plymouth.
Notwithstanding the above, this section shall not be construed to
prohibit the operation of a motorcycle, motor driven cycle, or similar
device having a valid California vehicle registration by any person
possessing a valid California operators license upon the public highways
in the City of Plymouth.
B.
No person shall operate a motorcycle, motor driven cycle, or similar device, other than a publicly owned motorcycle, motor driven cycle, or similar device on unimproved private property without a current valid permit issued pursuant to Section 10.11.040. Notwithstanding the above, no permit shall be required for the operation of a motorcycle, motor driven cycle, or similar device, motor driven cycle, or similar device on private property as part of agricultural or ranching operations or other work-related purposes.
C.
No
person shall operate a motorcycle, motor driven cycle, or similar
device, so as to cause noise, dirt, dust, or fumes to negatively impact
nearby residences, schools, churches, assembly halls or other land
uses.
(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2007-04 § 1; Ord. 2008-01 § 1)
Any person desiring to operate a motorcycle, motor driven cycle,
or similar device and any owner of private property desiring to allow
a person or persons to operate a motorcycle, motor driven cycle or
similar device on his or her private property ("applicant")
may do so upon first obtaining a permit from the City Clerk. The permit
is not an expression by the City that such proposed operation can
be done with safety to the operator or other persons or the property,
all of which risks are assumed by the applicant and/or property owner.
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 by address or assessor's
parcel number.
The operator of a motorcycle, motor driven cycle, or similar
device shall carry and present the permit to any peace officer on
request. Permits shall be issued upon submittal by the applicant of:
A.
Written
consent of the owner or owners of said private property, or the person
or persons in lawful possession thereof, have consented in writing
to the proposed operation;
B.
Written
approval of the Fire Chief of the proposed operation including any
restrictions intended to minimize fire danger related to the proposed
operations;
C.
Agreement
of applicant to comply with and to ensure that any person involved
in the proposed operation of the motorcycle(s), motor driven cycle(s),
or similar device(s) will comply with this chapter;
D.
The
address or assessor's parcel number of the private property
and a sketch of the proposed area of operation showing the distance
to the boundaries of the private property.
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The City Clerk may deny any permit for which the application
is incomplete or which does not comply with the requirements of this
chapter. Any denial shall be in writing and specify the reasons for
the denial.
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(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2008-01 § 1)
The operation of any motorcycle, motor driven cycle or similar device on authority of a permit issued in accordance with the provisions of Section 10.11.040 ("permitted operation") shall be subject to the following restrictions:
A.
Operation
shall be limited to the hours commencing one-half hour after sunrise
and ending one-half hour before sunset. Additionally, hours of operation
may be further limited to ensure consistency with noise limits contained
this Code.
B.
Operation
shall not occur nearer than 200 yards from any residential structure,
church, assembly hall or school.
(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2008-01 § 1)
Wherever the operation is upon an area commercially operated
for the purpose of providing facilities wherein motorcycles are operated
for recreational purposes and/or where any organized racing or competitive
events are conducted under the auspices of a recognized sanctioning
body, a permit from the property the City of Plymouth is required.
The owner or lessee of any real property within the City of Plymouth,
or the agent of either, may apply for a permit to operate the commercial
facilities and/or organized racing event. Said application for permit
shall be filed with the Clerk of the City of Plymouth at least 30
days in advance of the event and shall be accompanied by a nonrefundable
fee of $25 for each such application filed.
A.
Upon
receipt of the application for permit, provided by this section, the
Clerk shall grant or deny the permit and shall notify the applicant
by mail of such action. A permit may be denied when it appears to
the satisfaction of the Clerk that the issuance of the permit would:
B.
A permit
may be issued subject to one or more of the following regulations:
1.
Hours
of operation of motor vehicles;
2.
Maximum
number of motor vehicles which may be operated at any one time;
3.
Type
of motor vehicles which may be operated;
4.
An
ambulance must be available and operated during all racing events;
5.
One
chemical toilet for every 200 participants and spectators for each
sex. The chemical toilets must be under contract with an approved
sewerage service organization;
6.
A
water truck under contract, must be available and operated to provide
adequate dust suppression for both the racetrack and access roads;
7.
Fire
fighting equipment may be required;
8.
Water
supplied for domestic uses must be from approved sources.
(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2008-01 § 1)
A permit or commercial permit issued to this chapter may be
revoked when it appears to the satisfaction of the City Administrator
that one or more of the following conditions exist:
A.
The
applicant has failed to abide by the conditions of such permit or
this chapter;
B.
Persons
operating the motorcycle(s), motor driven cycle(s) or similar device(s)
have failed to abide by the conditions of the permit or this chapter;
C.
False
or misleading statements were made by the applicant in securing a
permit; and
D.
A complaint
of dust, dirt, noise, fumes, erosion, or other public nuisance arising
from the permitted use has been received by the City and the applicant
has not corrected the problem within 10 days after the City notifies
the applicant of the problem.
(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2008-01 § 1)
Any permit issued pursuant to Section 10.11.040 hereof shall be nontransferable, shall expire one year after date of issuance, and may be renewed from year to year upon payment of a twenty dollar ($20.00) fee unless such fee is otherwise established by resolution of the City Council; provided, however, that the renewal may be granted, conditioned or denied in accordance with the provisions of this chapter. A commercial permit issued pursuant to Section 10.11.060 hereof shall be nontransferable and shall expire after the event for which it was issued. Said permit is not renewable, but may be reapplied for pursuant to Section 10.11.060.
(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2008-01 § 1)
Any applicant or permit holder, aggrieved by action of the Clerk
or City Administrator may within 10 days of being notified of such
action, appeal the same to the City Council by filing with the City
Clerk a written request indicating the basis of the appeal.
The City Clerk shall promptly calendar a hearing on the appeal
and notify the person filing the appeal of the date, time and place
of such hearing.
On the date and time for the hearing the City Council shall
hear such testimony from the concerned parties as may be necessary
and shall take such action with regard to the action of the Clerk
as it may deem proper.
(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2008-01 § 1)
Nothing herein shall be read to authorize the maintenance of
a public nuisance.
(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2008-01 § 1)
Violations of this chapter and permits issued thereunder will
be deemed infractions; except that, second and subsequent violations
within a one-year period may be charged as misdemeanors. Fines applicable
to violations of this chapter will be the maximum fines established
in California Government Code Section 36900.
(Ord. 74-7, 1974; Ord. 2007-03 § 1; Ord. 2008-01 § 1)
In addition to, and not in lieu of, any other penalties that
may apply to violations of this chapter, the City may seek a court
order of restitution pursuant to California Penal Code Section 1202.4
or other applicable law. Subject to applicable law, the City may seek
restitution in an amount sufficient to fully reimburse the City for
every economic loss incurred as a result of a violation of this chapter.
Such amounts may include, but are not limited to, amounts necessary
to cover the cost of replacing or repairing damage to public property,
interest, and attorneys' fees incurred to collect restitution.
(Ord. 2007-03 § 1; Ord. 2008-01 § 1)
The City Council may modify the fees provided for in this chapter
by resolution.
(Ord. 2008-01 § 1)
