Chapter 10.64
MOTORCYCLE REGULATIONS
Sections:
10.64.050 Permit – Exceptions.
10.64.060 Permit – Prerequisites to issuance.
10.64.070 Permit – Conditions.
10.64.090 Permit – Revocation – Suspension.
10.64.100 Permit – Appeal of denial.
10.64.120 Violations – Penalties.
10.64.020 Purpose.
The city council declares that the purpose of this chapter is to exercise the general police power in order to protect the enjoyment and use of public and private property and personal values, and to promote peace and quiet within the city by regulating the use of motorcycles, motor-driven cycles, minibikes, motor scooters, motorized bicycles and off-highway motor vehicles on public and private property within the city. (Ord. 158 § 1, 1984)
10.64.030 Application.
This chapter is designed to regulate the traffic on private and public lands, except the public streets and highways, of registered and unregistered motorcycles and motor-driven vehicles by all persons, whether they possess a valid California motor vehicle operator’s license or not, in the city. (Ord. 158 § 1, 1984)
10.64.040 Permit – Required.
It is unlawful for any person to drive, ride or use a motorcycle, motor-driven cycle, minibike, motor scooter, motorized bicycle or off-highway motor vehicle, as such vehicles are defined in Sections 400, 405, 406 and 38012, respectively, of the Vehicle Code of the state, upon any public or private property without first having secured a permit as provided in this chapter, except as set forth in EMC 10.64.050. (Ord. 158 § 1, 1984)
10.64.050 Permit – Exceptions.
No permit for operation of motorcycles, motor-driven cycles, minibikes, motor scooters, motorized bicycles or off-highway motor vehicles shall be required in the following cases:
A. When driving, riding and using such vehicles on streets and highways or in other areas which are specifically governed or preempted by the Vehicle Code or any other statutes of the state;
B. Where such vehicle is driven, ridden or used upon property by the owner, resident or tenant of such property and the immediate family residing on said property;
C. Where such use is permitted pursuant to a use permit or otherwise in accordance with the zoning regulations of the city;
D. Neither city police officers, other city agents or employees designated to enforce the provisions of this chapter, nor emergency personnel of any other public entity, or other personnel performing lawful rescue or emergency work shall be required to possess a permit. (Ord. 158 § 1, 1984)
10.64.060 Permit – Prerequisites to issuance.
The chief of police is authorized to accept, process and approve or deny applications for permits. Permits may not be issued unless the following requirements have been satisfied:
A. The applicant has delivered to the chief of police for permanent filing with the city a written statement dated and signed by the owner, lessee or renter, or agents possessing recorded powers of attorney, containing:
1. Consent to the use of the property for operation of vehicles;
2. The name of the proposed permittee;
3. A description of the property (address, assessor’s parcel number or legal description);
4. The types of vehicles to be operated;
5. The length of time for which the consent is given but not to exceed one year);
6. The hours of operation (but limited to the hours of 8:00 a.m, to one-half hour past official sunset);
7. The statement that consent is not valid unless the permittee has the permit in his possession during operation of vehicles on the property;
8. The statement that consent shall automatically expire upon the transfer of title by owner or termination of lease or tenancy of tenant executing the consent;
9. The current name, address and telephone number of the owner, lessee or renter or agent possessing a recorded power of attorney executing the consent;
10. The current name, address and telephone number of the owner (to be used for verification of ownership of the property);
11. The consent shall not be valid unless used in conformance with the applicable laws and ordinances.
B. The environmental control officer or his designated agent has been able to verify from the public records that the stated owner is the owner of record of the property.
C. The environmental control officer or his designated agent has evaluated the proposed use and has determined that the use will not have a significant effect on the environment. In this regard, the officer shall adhere to the city’s adopted environmental guidelines and procedures.
D. The chief of the Etna fire department or his designated agent has stated in the indicated place on the application form that the proposed use will not create any risk of fire hazard by reason of flammable conditions on the property where the vehicles are proposed to be operated.
E. The chief of police has determined that the proposed use is not likely to create a safety hazard to the residents in the area of the proposed use. The criteria used shall be as follows:
1. Whether the foreseeable speeds which will be obtained will constitute a reasonable use of the land for the type of terrain involved;
2. Whether the contours which will be traversed will create a risk of harm to property or persons as a result of traversing the terrain;
3. Whether the vehicle is in good repair and its condition is in compliance with applicable laws.
F. That the chief of police has determined that the operation of vehicles will be conducted at least 200 yards from occupied dwellings and from operative churches, assembly halls, schools, barns, offices, medical facilities, recreation facilities or other facilities occupied or operated by human beings or used for keeping animals. (Ord. 158 § 1, 1984)
10.64.070 Permit – Conditions.
All permits issued under this chapter shall be subject to the following conditions:
A. Operation of vehicles shall be conducted only between the hours of 8:00 a.m. and one-half hour past official sunset.
B. Operation of vehicles shall not be conducted within 200 yards of any occupied dwellings and from operative churches, assembly halls, schools, barns, offices, medical facilities, recreation facilities or other facilities occupied or operated by human beings or used for keeping of animals, nor outside of the property described in the permit.
C. Operation of vehicles shall be conducted only during the hours (but limited to subsection (A)) of this section and for the length of time stated in the permit.
D. The vehicle being operated must be of the type identified in the permit. The permit may include permission to operate more than one type of vehicle if so stated in the consent of the owner, lessee or renter.
E. The permittee shall at all times while operating vehicles under this chapter have in its possession a current and valid permit and shall present same to any city police officer, or any agent or employee designated by the chief of police to enforce the provisions of this chapter for verification of the right to operate vehicles on the property and validity of the permit.
F. The vehicles operated by the permittee shall at all times be equipped with spark arresters and with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38370 of the Vehicle Code of the state as the same now exists or may hereafter be amended, and no muffler or exhaust system shall be equipped with a cutout, bypass or similar device. The vehicles shall not be of a model or size which will create unreasonable noise which will be likely to interfere with the reasonable enjoyment of neighboring property.
G. The vehicles of the permittee shall not be driven or operated in such a manner as to disturb the peace and quiet of any neighborhood or person by noise, dust, smoke, fumes or other cause arising out of the operation and driving of such vehicle. (Ord. 158 § 1, 1984)
10.64.080 Permit – Contents.
Every permit issued under this chapter shall contain the following information and statements:
A. Full correct name, address, telephone number, birth date and physical description of the permittee;
B. The hours of operation (but not in conflict with EMC 10.64.070(A)) and the length of time of the permit, not to exceed one year;
C. The description of the types of vehicles to be operated;
D. The description of the property upon which the vehicles are to be operated (address, assessor’s parcel number or legal description);
E. The current name, address and telephone number of the owner and the lessee or renter if executed by them;
F. A statement in bold print that the permit is not an expression by the city that the proposed operation can be done with safety to the permittee or to other persons or property, all of which risks are assumed by the permittee or the property owner, lessee or renter;
G. A statement in bold print that the permit is subject to the provisions of this chapter and attention drawn to the conditions stated in EMC 10.64.070 and its subsections. (Ord. 158 § 1, 1984)
10.64.090 Permit – Revocation – Suspension.
Any permit issued under this chapter may be revoked or suspended by the chief of police under the following circumstances:
A. The consent of the permittee by the owner, lessee, renter or agent possessing a recorded power of attorney has been withdrawn.
B. The conditions of operation or of the land have resulted in previously unforeseen fire, safety or environmental hazards, as determined under the applicable laws, regulations and standards by the chief of the Etna fire department, the chief of police or the environmental control officer respectively.
C. The permittee has violated any of the terms of conditions of the permit or the provisions of this chapter. (Ord. 158 § 1, 1984)
10.64.100 Permit – Appeal of denial.
Any person who has been denied a permit or who has been aggrieved otherwise by any determination, decision, requirement, order or action made or taken under this chapter may appeal the denial or grievance to the city council by filing with the city clerk a written notice stating the appellant’s name, address, and telephone number, the subject matter of the appeal, and the specific reason for the appeal within 10 days of the suffering of the denial or grievance. The city clerk shall set the matter for a public hearing to be held within 30 days after the filing of the appeal. The city clerk shall thereupon inform the appellant of the date, time and place of the hearing. The city council shall consider all relevant testimony, reports and studies of the city staff, the appellant and by the public. The decision of the city council shall be rendered by a simple majority vote of the quorum and shall be final and conclusive upon all persons concerned. (Ord. 158 § 1, 1984)
10.64.110 Permit – Fees.
The application for a permit must be accompanied by a fee of $5.00, which shall not be refundable. The filing of an appeal must be accompanied by a fee of $5.00, which shall not be refundable. (Ord. 158 § 1, 1984)
10.64.120 Violations – Penalties.
Violations of this chapter are infractions and, in addition to the remedies provided in EMC 10.64.090 and its subsections, violators shall be punished by:
A. A fine not to exceed $50.00 upon first conviction;
B. A fine not to exceed $100.00 upon second conviction within one year of first conviction;
C. A fine not to exceed $250.00 for a third or any subsequent conviction within a one year period. (Ord. 158 § 1, 1984)