Chapter 29
MOTORCYCLES
Sections:
5-29.04 Possession of permits.
5-29.08 Violations: Penalties.
5-29.01 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Motorcycle” shall mean any two (2) wheeled motor vehicle commonly known as a motorcycle, mini-bike, or trail-bike, having a seat or saddle for the use of a rider and weighing less than 1,500 pounds. “Motorcycle” shall include every motor scooter with a motor which produces less than fifteen (15) gross brake horsepower and every bicycle with a motor attached. For the purposes of this definition, a motorcycle is a vehicle which is self-propelled.
(b) “Unimproved road” shall mean any road, right-of-way, path, trail, clearing, graded area, or land which is not surfaced with cement, concrete, asphaltic concrete, macadam, 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 an artificial binder other than natural soil.
(c) “Unimproved private property” shall mean any land area in private ownership upon which there is no occupied residential, commercial, or industrial structure and shall include, but is not exclusive to, vacant land and uninhabited property not presently occupied or used by persons who actually live, abide, or work commercially or industrially thereon.
(d) “Public park” shall mean any park, open space, lineal park, or land owned or operated by the City for the benefit of the public.
(§ 1, Ord. 423 C-M, eff. April 27, 1978)
5-29.02 Permits required.
It shall be unlawful for any person to operate any motorcycle, other than a motorcycle owned or operated by a government entity or public utility on official business, on, over, or across any unimproved road, unimproved private property, or public park unless such person holds in his immediate possession a permit issued by the Fire Chief.
(§ 1, Ord. 423 C-M, eff. April 27, 1978)
5-29.03 Issuance of permits.
The Fire Chief shall issue a permit as required by Section 5-29.02 of this chapter to any applicant upon a finding that the owners of the unimproved road, unimproved private property, or public park concerned, or the persons in lawful possession thereof, have consented in writing for such applicant to perform motorcycle operations thereon and that such proposed operation will not create any undue fire hazard by reason of the nature of the motorcycle or the proposed operation thereof. Each permit so issued shall state the name of the person to whom the permit is issued, shall specify the effective dates for which the permit is valid, and shall specify the areas of permitted operation. Such permits shall be unassignable. The permit shall not be, and shall so state on its face, an expression by the City that such proposed operation can be done with safety to the operator or other persons or property, all of which such risks shall be assumed by the applicant or other responsible persons.
(§ 1, Ord. 423 C-M, eff. April 27, 1978)
5-29.04 Possession of permits.
A permittee under this chapter shall have the permit issued to him in his immediate possession at all times when operating a motorcycle on, over, or across any unimproved road, unimproved private property, or public park, and such permittee shall present his permit for examination upon the demand of any peace officer enforcing the provisions of this chapter.
(§ 1, Ord. 423 C-M, eff. April 27, 1978)
5-29.05 Exhaust systems.
Every motorcycle operating on, over, or across any unimproved road, unimproved private property, or public park shall at all times be equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of the motor vehicle noise limits and other provisions of the Vehicle Code of the State regulating exhaust systems.
(§ 1, Ord. 423 C-M, eff. April 27, 1978)
5-29.06 Exemptions.
An owner or person in lawful possession of an unimproved road or unimproved private property shall be exempt from the provisions of this chapter when operating a motorcycle on, over, or across his own unimproved road or unimproved property.
(§ 1, Ord. 423 C-M, eff. April 27, 1978)
5-29.07 Appeals.
Any person whose application for a permit is denied may appeal such decision as set forth in Chapter 4 of Title 1 of this Code.
(§ 1, Ord. 423 C-M, eff. April 27, 1978)
5-29.08 Violations: Penalties.
Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction thereof, shall be punishable as provided in Chapter 2 of Title 1 of this Code.
(§ 1, Ord. 423 C-M, eff. April 27, 1978)