Chapter 5. Use or Operation of Motorcycles, Motor-Driven Cycles, Motorized Bicycles and Off-Highway Motor Vehicles

Sec. 4-5.01 Findings and Purpose.

(a) The City Council finds that the operation of motor vehicles as defined in Section 415 of the Vehicle Code of the State of California on unimproved property within the limits of the City of Hercules is and can be the cause of irritating dust, noxious exhaust fumes, noise, erosion of land, increased risk of fire, creation of unimproved roadways and pathways which constitute a danger to persons in such areas, an adverse effect on the environment in such areas and on the persons residing therein, the destruction of plants, landscaping and other personal and real property, which conduct adversely affects the health, safety, welfare, comfort and privacy of occupants and residents of the City of Hercules and constitutes a public nuisance. Because said conduct may be intermittent, fleeting, moving or caused by persons who are minors, the other provisions of this Code, as well as other legal remedies, are inadequate to control said conduct and its adverse effects. The provisions of this Chapter relating to the regulations of motor vehicles are therefore necessary for the public health, safety and welfare.

(b) The City Council declares that the purpose of this Chapter is to exercise the general police power in order to protect the health, safety and welfare of its residents, to preserve the enjoyment and use of unimproved property, to protect the rights of privacy, to preserve property and personal values, and to promote peace and quiet within the City of Hercules by regulating the use of motor vehicles on unimproved property within the City of Hercules. (Ord. 377 § 1 (part), 2002)

Sec. 4-5.02 Applicability.

This Chapter shall not apply to the driving, riding and use of motorcycles, motor-driven cycles, motorized bicycles or off-highway motor 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 of California.

Sec. 4-5.03 Use.

It shall be unlawful for any person to operate a motor vehicle as defined in Section 415 of the Vehicle Code of the State of California upon any public or private property which is not an improved public street or highway or an improved private street constructed in accordance with City of Hercules standards and approved by the City. (Ord. 377 § 1 (part), 2002)

Sec. 4-5.04 Exceptions.

The prohibitions of Section 4-5.03 shall not apply to emergency vehicles, governmental agencies or in any of the following instances:

(a) Where such vehicle is being driven, ridden or used upon property by the owner, resident or tenant of such property or by an authorized visitor, when such visitor is accompanied by or has a written authorization in his possession from the owner, resident or tenant of such property.

(b) Where such use is permitted pursuant to a use permit or otherwise in accordance with the zoning regulations of the City of Hercules.

Sec. 4-5.05 Mufflers.

It shall be unlawful for any person to drive, ride or use a motorcycle, motor-driven cycle, 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 of California upon any public or private property which is not an improved public street or highway or an improved private street constructed in accordance with City of Hercules standards and approved by the City, unless said motorcycles, motor-driven cycles, motorized bicycles or off-highway motor vehicles are at all times equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38280 of the Vehicle Code of the State of California 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.

Sec. 4-5.06 Other Regulations.

The regulations contained herein do not supersede or preclude the enforcement of the zoning regulations or any other regulations contained in this Code which are applicable to any conduct regulated hereby.

Sec. 4-5.07 Penalties.

It is an infraction for any person to violate the provisions of section 4-5.05. It is a misdemeanor, punishable by the following, for any person to violate the provisions of section 4-5.03:

(a) Except as provided in subdivision (b) or (c) of this Section, by a fine not less than two hundred and fifty dollars ($250) and not exceeding five hundred dollars ($500).

(b) By imprisonment in the county jail not exceeding six months, or by a fine not less than five hundred dollars ($500) and not exceeding one thousand dollars ($1,000), or both, if the person refuses to leave the property after being ordered to leave by a peace officer.

(c) By imprisonment in the county jail not exceeding six months, or by a fine not less than five hundred dollars ($500) and not exceeding one thousand dollars ($1,000), or both, for a second offense or subsequent offense. (Ord. 377 § 1 (part), 2002)