Chapter 10.32
OFF-STREET OPERATION OF MOTOR VEHICLES
Sections:
10.32.010 Motor vehicle defined.
10.32.040 Operation by permit.
10.32.050 Application for permit.
10.32.060 Action on application.
10.32.070 Permit—Possession required.
10.32.080 Revocation of permit.
10.32.090 Expiration and renewal.
10.32.110 Public nuisance prohibited.
10.32.120 Penalty for violation.
10.32.010 Motor vehicle defined.
As used in this chapter the term “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. Motor vehicles include, but are not limited to, automobiles, trucks, recreational vehicles, motor homes, motorcycles, motorbikes and dirt bikes. (Ord. 521 § 1 (part), 1984)
10.32.020 Permit required.
No person shall operate or cause to be operated a motor vehicle except upon the streets, highways and thoroughfares specifically established and provided for the operation of such vehicles, except when authorized by a permit issued pursuant to this chapter. (Ord. 521 § 1 (part), 1984)
10.32.030 Exemptions.
This chapter does not apply to the following:
1. Commercially Operated Areas. Any area commercially operated for the purpose of providing facilities wherein motor vehicles can be operated for recreational purposes, if such facilities are duly licensed and permitted under the applicable laws pertaining thereto;
2. Public Recreation Area. 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;
3. Sanctioned Events. 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;
4. Parking Areas. 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 purpose of ingress thereto and egress therefrom;
5. Miscellaneous. Where the motor vehicle is:
a. An implement of husbandry used in connection with farming activities for the purpose for which it was designed,
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 such business is conducted,
e. Owned or leased 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 employment,
f. Operated by or under contract with a utility whether privately or publicly owned, or a governmental agency or,
g. Used in connection with construction activities for the purposes for which it was designed. (Ord. 521 § 1 (part), 1984)
10.32.040 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. 521 § 1 (part), 1984)
10.32.050 Application for permit.
A. The owner or lessee of any real property within the city, or the agent of either, may apply for a permit to operate one or more motor vehicles on such property when the operation of such vehicles would otherwise be in violation of Section 10.32.020 by filing an application with the police department of the city.
B. A nonrefundable fee established by resolution of the city council shall accompany each such application filed. (Ord. 521 § 1 (part), 1984)
10.32.060 Action on application.
A. Upon receipt of the application for permit the police department 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 police department that the issuance of the permit would:
1. Create a condition annoying to adjacent residents; or
2. Create law enforcement problems; or
3. Endanger the health, safety or welfare of persons in the area; or
4. Be injurious to the environment or wildlife inhabiting the same.
B. A permit may be issued subject to conditions regulating one or more of the following:
1. Duration of the permit;
2. Hours of operation of motor vehicles;
3. Maximum number of motor vehicles which may be operated at any one time;
4. Type of motor vehicles which may be operated;
5. Any other reasonable condition required to avoid those conditions which would justify denial of the permit. (Ord. 521 § 1 (part), 1984)
10.32.070 Permit—Possession required.
A. When a permit is issued pursuant hereto, the police department shall issue to the applicant sufficient copies of such permit to enable the applicant to deliver a copy of the 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 time, if such number has been determined pursuant to subsection B of Section 10.32.060.
C. No person shall operate a motor vehicle on the premises for which the permit is issued, unless the operator has possession of a copy of such permit and displays the same upon demand to any duly authorized law enforcement officer. (Ord. 521 § 1 (part), 1984)
10.32.080 Revocation of permit.
A permit issued pursuant to this chapter may be revoked when it appears to the satisfaction of the police department that one 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. Any person operating a motor vehicle on the premises by permission of the person to whom the permit was issued has failed to abide by the conditions of the permit;
C. False or misleading statements were made by the applicant in securing a permit;
D. Circumstances existing on or surrounding the premises for which the permit was issued have changed and the continued operation of motor vehicles on the premises would violate one or more provisions of Section 10.32.060. (Ord. 521 § 1 (part), 1984)
10.32.090 Expiration and renewal.
A. Each permit issued hereunder shall be nontransferable and shall expire one year after the date of issuance, unless a sooner termination date is contained in the permit.
B. A permit may be renewed from time to time by filing an application for renewal prior to the expiration of the permit and upon payment of a fee established by resolution of the city council; provided, however, that the renewal may be granted, conditioned or denied in accordance with the provisions of Section 10.32.060. (Ord. 521 § 1 (part), 1984)
10.32.100 Appeal.
A. Any person aggrieved by action of the police department in the granting, renewal or denial of a permit may within ten days of such action, appeal the same to the city council by filing a notice of appeal with the city clerk.
B. The city clerk shall calendar a hearing on the appeal and notify the person filing the appeal of the date, time and place of such hearing. If the appeal is filed by someone other than the applicant or permitholder, notice shall also be given to the applicant or permitholder.
C. On the date and time for the hearing, the city council shall hear such testimony from the concerned parties as may be necessary and shall take such action with regard to the action of the police department as it may deem proper under the provisions of this chapter. (Ord. 521 § 1 (part), 1984)
10.32.110 Public nuisance prohibited.
Nothing in this chapter shall be interpreted to authorize the maintenance of a public nuisance. (Ord. 521 § 1 (part), 1984)
10.32.120 Penalty for violation.
Any person violating the provisions of this chapter is guilty of an infraction and shall be punishable by (1) a fine not exceeding fifty dollars for a first violation; (2) a fine not exceeding one hundred dollars for a second violation within one year; (3) a fine not exceeding two hundred fifty dollars for each additional violation within one year. (Ord. 521 § 1 (part), 1984)