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)
"Highway"
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.
"Motorcycle"
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.
"Motor driven cycle"
means any motorcycle, including every motor scooter, with a motor which produces less than 15 gross brake horsepower, and every bicycle with motor attached.
"Similar device"
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.
"Unimproved private property"
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.
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.
(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:
1. 
Create a condition annoying to adjacent residents; or
2. 
Create a law enforcement problem; or
3. 
Endanger the health, safety or welfare of persons in the area.
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)
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)