Chapter 10.58
OFF-ROAD VEHICLES
Sections:
10.58.020 Motor vehicle – Definition.
10.58.030 Exemption – Commercially operated facilities.
10.58.040 Exemption – Public facilities.
10.58.050 Exemption – Sanctioned events.
10.58.060 Exemption – Parking areas.
10.58.070 Exemptions – Miscellaneous.
10.58.080 Operation by permit.
10.58.090 Application for permit.
10.58.100 Permits – Grounds for denial.
10.58.130 Copies of permit – Possession required.
10.58.140 Revocation of permit.
10.58.150 Fees – Expiration and renewal.
10.58.170 Public nuisance prohibited.
10.58.010 Permit required.
No person shall operate or cause to be operated a motor vehicle except upon the streets, roadways and thoroughfares specifically established and provided for the operation of such vehicles except when authorized by a permit issued pursuant to this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.020 Motor vehicle – Definition.
As used in this chapter, “motor vehicle” means any self-propelled device in or upon which any person or property may be moved, excepting a device moved by human power or used exclusively upon stationary rails or tracks. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.030 Exemption – Commercially operated facilities.
This chapter does not apply to any area commercially operated for the purpose of providing facilities wherein motor vehicles can be operated for recreational purpose, if said facilities are duly licensed and permitted under the applicable laws pertaining thereto. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.040 Exemption – Public facilities.
This chapter does not apply to any area which is specifically established by the City or other governmental body or agency for the purpose of allowing motor vehicles to be operated thereon for recreational purposes. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.050 Exemption – Sanctioned events.
This chapter does not apply to any organized racing or competitive event upon a closed course which is conducted under the auspices of a recognized sanctioning body under permit issued by the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.060 Exemption – Parking areas.
This chapter does not apply to any area, either publicly or privately owned, designated for the parking or storage of motor vehicles, when the operation of a vehicle on such area is solely for the purposes of ingress thereto and egress therefrom. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.070 Exemptions – Miscellaneous.
This chapter does not apply to any motor vehicle which is:
A. An implement of husbandry;
B. A wheelchair;
C. A golf cart, when used on a golf course;
D. Used for any purpose relating to the conduct of a business where said business is conducted;
E. Owned by the City or other governmental body or agency, and is operated by an employee of the City or other governmental body or agency who is acting within the scope of his employment;
F. Operated by or under contract with a utility, whether privately or publicly owned;
G. Used in connection with construction activities for the purposes for which it was designed. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.080 Operation by permit.
Any person possessing a valid permit issued pursuant to this chapter may operate a motor vehicle other than upon the streets, highways and thoroughfares specifically established and provided therefor, provided such operation is in conformance with the terms and conditions of such permit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.090 Application for permit.
The owner or lessee of any real property within the City, or the agent of either, may apply for a permit to operate one (1) or more motor vehicles on said property when the operation of such vehicles would otherwise be in violation of EGMC Section 10.58.010 by filing an application with the Chief of Police. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.100 Permits – Grounds for denial.
Upon receipt of the application for permit, the Chief of Police 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 Chief of Police that the issuance of the permit would:
A. Create a condition annoying to adjacent residents;
B. Create law enforcement problems;
C. Endanger the health, safety or welfare of persons in the area. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.120 Permit conditions.
A permit may be issued subject to conditions regulating one (1) or more of the following:
A. Hours of operation of motor vehicles;
B. Maximum number of motor vehicles which may be operated at any one (1) time;
C. Type of motor vehicles which may be operated;
D. Any other reasonable condition required under the circumstances. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.130 Copies of permit – Possession required.
A. When a permit is issued, the Chief of Police shall issue in connection therewith a number of copies of such permit to the applicant, who shall give a copy of such permit to each person operating a motor vehicle on the premises for which the permit is issued.
B. The maximum number of copies of the permit given the applicant shall not exceed the maximum number of motor vehicles which may be operated on the premises at any one (1) time, if such number has been determined pursuant to EGMC Section 10.58.120.
C. No person shall operate a motor vehicle on the premises for which the permit is issued unless he has in his immediate possession a copy of such permit and shall display the same upon demand to any duly authorized law enforcement officer. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.140 Revocation of permit.
A permit issued pursuant to this chapter may be revoked when it appears to the satisfaction of the Chief of Police that one (1) or more of the following conditions exist:
A. The person to whom the permit was issued has failed to abide by the conditions of such permit;
B. A person operating a motor vehicle by permission of the person to whom the permit was issued has failed to abide by the conditions of such permit;
C. False or misleading statements were made by the applicant in securing the permit;
D. Circumstances surrounding the premises for which the permit was issued have changed and the continued operation of motor vehicles on the premises would violate one (1) or more provisions of EGMC Section 10.58.100. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.150 Fees – Expiration and renewal.
A. The fee for an initial permit shall be Ten and no/100ths ($10.00) Dollars. The permit shall be nontransferable and shall expire one (1) year after the date of issuance.
B. A permit may be renewed from year to year upon payment of a Two and no/100ths ($2.00) Dollars fee; provided, however, that the renewal may be granted, conditioned or denied in accordance with the provisions of EGMC Section 10.58.100 and 10.58.120. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.160 Appeal.
Any applicant for a permit, or a permit holder, aggrieved by action of the Chief of Police pursuant to this chapter may, within ten (10) days of being notified of such action, appeal the same pursuant to EGMC Chapter 1.11. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
10.58.170 Public nuisance prohibited.
Nothing in this chapter is intended to authorize the maintenance of a public nuisance. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]