Chapter 4.90
REGULATION OF OFF-ROAD VEHICLES
Sections:
4.90.010 Purpose and intent of chapter.
4.90.030 Compliance with laws.
4.90.040 Consent of property owner required for operation.
4.90.060 Operation upon public property.
4.90.070 Operation near dwellings.
4.90.080 Reckless or negligent use.
4.90.090 Registration and equipment requirement.
4.90.100 Operation upon frozen waterways.
4.90.110 Months when operation on private property prohibited.
4.90.010 Purpose and intent of chapter.
It is the purpose and intent of the city council to minimize any adverse impact of off-road vehicles upon the environment and upon real property rights by regulating their use and operation within the city. It is hereby determined that such purpose and intent are best effected through the enactment of procedures which require that an off-road vehicle operator obtain the consent of a private real property owner prior to the use of such owner’s property for the operation of an off-road vehicle and, further, the adoption of regulations applicable to such use. (Ord. 437 § 1. Code 1997 § 18-58)
4.90.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
“Off-road vehicle” means any vehicle defined by the terms of Section 415 of the California Vehicle Code; provided, however, that such definition shall not include any vehicle and use thereof as described in Sections 4005, 4006, 4010, 4011, 4012, 4013, 4015, 4019, 38010(b)(3) through (b)(7), nor shall such definition include any towing or wrecking vehicle engaged in a duly authorized towing or wrecking operation.
“Operate” means to ride in or on and control an off-road vehicle.
“Real property owner” means a person, other than a lien holder, who has title to and the right to permanent possession of real property.
“Registration” means identification registration required by state law.
“Snowmobile” means a self-propelled vehicle designed for travel on snow, ice or natural terrain, steered by wheels, skis or runners. (Ord. 437 § 1. Code 1997 § 18-59)
4.90.030 Compliance with laws.
A person may operate an off-road vehicle within the city; provided, that such operation strictly complies with all applicable laws. (Ord. 437 § 1. Code 1997 § 18-60)
4.90.040 Consent of property owner required for operation.
No person shall operate an off-road vehicle on the private real property of another person, unless such operator has the consent of the owner of such property for such use. (Ord. 437 § 1. Code 1997 § 18-61)
4.90.050 Hours of use.
No person shall operate, on private real property, any off-road vehicle between the hours of 9:00 p.m. of any day and 9:00 a.m. of the succeeding day; provided, that this section shall not prohibit, at any hour, the loading or unloading of an off-road vehicle at a point of origin or destination. (Ord. 437 § 1. Code 1997 § 18-62)
4.90.060 Operation upon public property.
No person shall operate an off-road vehicle upon public property within the city, except as specifically permitted by law. (Ord. 437 § 1. Code 1997 § 18-63)
4.90.070 Operation near dwellings.
No person shall operate, on private real property, any off-road vehicle within 100 feet of any dwelling unit unless such person is traveling to or from his residence in a manner otherwise consistent with the terms of this chapter. (Ord. 437 § 1. Code 1997 § 18-64)
4.90.080 Reckless or negligent use.
No person shall operate, on private real property, any off-road vehicle in a reckless or negligent manner or in a manner so as to cause injury or damage or be likely to cause injury or damage to any person or property. (Ord. 437 § 1. Code 1997 § 18-65)
4.90.090 Registration and equipment requirement.
No person shall operate any off-road vehicle which fails to meet the registration and equipment requirements set forth in the state law. (Ord. 437 § 1. Code 1997 § 18-66)
4.90.100 Operation upon frozen waterways.
No person shall operate any off-road vehicle on a frozen creek, stream, river, lake, lagoon, channel or other waterway within the city; provided, that this section shall not prohibit such person from operating a snowmobile for the purpose of crossing, at a 90-degree angle, a frozen creek, stream or river. (Ord. 437 § 1. Code 1997 § 18-67)
4.90.110 Months when operation on private property prohibited.
No person shall operate, on private real property within the city, a snowmobile from and including May 1st of any year to and including November 16th of the same year. No person shall operate, on private real property within the city, any off-road vehicle, other than a snowmobile, from and including November 16th of any year to and including May 1st of the succeeding year. (Ord. 437 § 1. Code 1997 § 18-68)
4.90.120 Use permit.
The terms of this chapter shall not prohibit the application by a property owner or his agent for a use permit pursuant to the terms of Chapter 6.55 SLTCC for the purpose of operating a snow play area. (Ord. 437 § 1. Code 1997 § 18-69)
4.90.130 Search and rescue.
The terms of this chapter shall not prohibit the use of an off-road vehicle in a manner inconsistent with the regulations set forth herein; provided, that such use is requested for a law enforcement agency in the course of a search and rescue operation. (Ord. 437 § 1. Code 1997 § 18-70)