(a) 
It shall be unlawful for any person to ride or operate any motorcycle, motor bike, off highway motor vehicle or all-terrain vehicle of any kind on any private property or unoccupied public property within one-half (1/2) mile of any school, hospital, convalescent home, public park, or residential area.
(b) 
It shall be unlawful for any person to operate any motor vehicle of any kind on the bank, bed, island, levee, or area located between the levees, of any river, creek, canal, groundwater recharge basin, or drainage basin, or on any material borrow site located within Tulare County.
(Amended by Ord. No. 3315, effective 10-25-05; amended by Ord. No. 3443, effective 1-3-13)
Unless the context otherwise requires, the following definitions shall govern the construction of the Chapter:
(a) 
"All-terrain vehicle"
shall mean a motor vehicle which is designed for operation off of the highway by an operator with no passengers, is fifty inches or less in width, is six hundred pounds or less in unladen weight, is suspended on three or four low-pressure tires, has a single seat designed to be straddled by the operator, and has handlebars for steering control as defined by section 111 of the California Vehicle Code.
(b) 
"Motor bike"
shall mean any motorcycle, including every motor scooter, with a motor which produces less than 15 gross brake horsepower, and every bicycle with motor attached as defined by section 405 of the California Vehicle Code.
(c) 
"Off-highway motor vehicle"
means any motor vehicle as defined by section 38012 (b) of the California Vehicle Code which includes, but is not limited to, the following:
1. 
Any motorcycle or motor-driven cycle, except for any motorcycle which is eligible for a special transportation identification device issued pursuant to California Vehicle Code Section 38088.
2. 
Any snowmobile or other vehicle designed to travel over snow or ice, as defined in California Vehicle Code Section 557.
3. 
Any motor vehicle commonly referred to as a sand buggy, dune buggy, or all-terrain vehicle.
4. 
Any motor vehicle commonly referred to as a jeep.
(d) 
"Motorcycle"
shall mean a 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 one thousand five hundred pounds as defined by section 400 of the California Vehicle Code.
(e) 
"Motor vehicle"
shall mean any vehicle which is self-propelled as defined by section 415 of the California Vehicle Code.
(f) 
"Within one-half mile of"
shall mean the distance measured from that part of a school, hospital, convalescent home, park or residential area closest to the point of operation of a motorcycle, motor bike or all-terrain vehicle.
(g) 
"Residential area"
shall mean any area one-quarter mile in depth abutting a public or private road, and one-quarter mile in length measured along such road, which contains any apartment house(s), condominium(s), multiple unit dwelling structure(s), or four or more residences of any kind or combination.
(h) 
"River"
shall mean any naturally-occurring navigable river as that term is defined by California law, regardless of whether water flows continuously in its channel.
(i) 
"Creek"
shall mean any naturally-occurring stream that is not a navigable river as defined by California law, regardless of whether water flows continuously in its channel.
(j) 
"Canal"
shall mean any artificial watercourse vested in the state or in a reclamation, levee, drainage, water or irrigation district, or other local agency.
(k) 
"Groundwater recharge basin"
shall mean any artificial basin intended to catch water and replenish groundwater resources which is posted with signs identifying it as such as provided in this chapter.
(l) 
"Drainage basin"
shall mean any artificial basin intended to catch water drained from adjacent lands which is posted with signs identifying it as such as provided in this chapter.
(m) 
"Material borrow site"
shall mean any site where earthen material is stored for the purpose of moving it to another location and which is posted with signs identifying it as such as provided in this chapter.
(n) 
"Private road"
means a road in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other members of the public. "Used for vehicular travel" means solely to provide ingress and egress to abutting public or private roads.
(o) 
"Driveway"
shall mean a short private road that leads to a house or garage that solely provides ingress and egress to an abutting public or private road which is maintained by an individual.
(p) 
"Parking lot"
shall mean an area designated for the parking of motor vehicles.
(Amended by Ord. No. 3315, effective 10-25-05; amended by Ord. No. 3443, effective 1-3-13)
The provisions of this Chapter are not applicable to the following:
(a) 
The use of any motor vehicle registered pursuant to 4000(a) of the California Vehicle Code operated on any private property by the owner of such property, his or her employee or invitee, when such motor vehicle is operated upon a regularly established private road, driveway, or parking lot appurtenant to a structure on that property.
(b) 
The use of any motor vehicle operated on any private property by the owner of such property, his or her employee or invitee, when such motor vehicle is engaged in farming or agricultural operations or other lawful business or commercial activity.
(c) 
The use of any motor vehicle engaged in any duly-authorized inspection, operation, maintenance, construction, rehabilitation, replacement or repair of any river, creek or canal, including their levees, groundwater recharge basin, drainage basin or material borrow site, or with permission of the state or other local agency as described in California Vehicle Code Section 21116, shall be excepted from this chapter.
(d) 
Notwithstanding these exceptions, this Chapter shall not prohibit any person from loading, unloading, parking, or storing any motorcycle, motor bike, off highway motor vehicle or all-terrain vehicle on his property.
(Amended by Ord. No. 3315, effective 10-25-05; amended by Ord. No. 3443, effective 1-3-13)
Violation of any provision of this Chapter shall be an infraction and shall be punishable as follows:
(1) 
Upon the first conviction by a fine not exceeding one hundred dollars ($100.00);
(2) 
Upon a second conviction by a fine not exceeding two hundred dollars ($200.00);
(3) 
Upon a third conviction or any subsequent conviction by a fine not exceeding five hundred dollars ($500.00).
(Amended by Ord. No. 3315, effective 10-25-05; amended by Ord. No. 3443, effective 1-3-13)