Chapter 6-32
MOTORCYCLES AND ATV’S ON RESIDENTIAL PROPERTY
Sections:
6-32.010 Findings and purpose.
6-32.030 Operation of motorcycles and ATV’s prohibited.
6-32.040 Use of property for operation of motorcycles and ATV’s prohibited.
6-32.010 Findings and purpose.
The City Council finds that the recreational operation of motorcycles, motorbikes, and all terrain vehicles (“ATV’s”) on private property in residentially zoned areas and other areas of residential use within the city creates irritating dust, fumes, and noise, and constitutes a public nuisance to the residents of Laguna Hills.
The City Council further finds that portions of certain parcels of private property in residentially zoned areas within the city have been repeatedly utilized as dirt bike courses and/or areas where individuals can operate motorcycles or similar vehicles for recreational purposes. The high level of sound, fumes, and dust often produced or caused by motorcycles and similar vehicles operating on such parcels is detrimental to health, comfort, convenience, safety, and welfare of residents of the surrounding neighborhoods. Detrimental impacts on residents from these activities include, but are not limited to, disruption of normal daily activities, interference with enjoyment of property, extreme annoyance, and air pollution. Such impacts could also occur from the recreational use of ATV’s.
The City Council further finds that taking noise level measurement of individual instances of such activity is impractical. Therefore, the provisions of Chapter 5-24 of this code do not provide an effective enough means of enforcement for such nuisance activities.
The City Council further finds that there are numerous relatively large, unimproved residential parcels in the city in hill areas on which the operation of ATV’s, motorcycles, or motorbikes for recreational purposes could occur in the future. The City Council further finds that the topography of Laguna Hills is such that sound generated by such vehicles and motorized bikes in such residential areas is often amplified and, thus, adversely affects a large number of residents in the area of their operation.
The purpose of this chapter is to prohibit all recreation operation of motorcycles and ATV’s on private property in residentially zoned areas. (Ord. 2004-11 § 1 (part))
6-32.020 Definitions.
As used in this chapter:
“ATV” means an all terrain vehicle as defined in Section 111 of the California Vehicle Code.
“Motorcycle” means any motor vehicle, motorized bicycle, or motor-driven cycle as defined respectively in Sections 400, 405, and 406 of the California Vehicle Code.
“Residentially zoned area” means any parcel of land, or portion thereof, within any “residential” zoning district as defined in Chapter 9-10 of this code, and property used for residential uses in a “mixed-use” zoning district. (Ord. 2004-11 § 1 (part))
6-32.030 Operation of motorcycles and ATV’s prohibited.
No person shall operate any motorcycle or ATV upon private property in a residentially zoned area within the city at any time, excluding a driveway, a garage, or paved private streets, regardless of whether such conveyance is licensed or unlicensed. (Ord. 2004-11 § 1 (part))
6-32.040 Use of property for operation of motorcycles and ATV’s prohibited.
No owner or resident of private property in a residentially zoned area within the city shall use their property, or permit their property to be used by any other person, for operation of any motorcycle or ATV. This shall not preclude the use of a garage, a driveway, or paved private streets. (Ord. 2004-11 § 1 (part))
6-32.050 Exemptions.
The following uses of motorcycles or ATV’s are exempt from the provisions of this chapter:
A. The operation of publicly-owned or emergency vehicles or motorcycles by public officers or emergency personnel in the course and scope of their employment.
B. The operation of any motorcycles or ATV’s associated with the maintenance of real property of lawful uses thereon.
C. The operation of any motorcycles or ATV’s associated with construction, repair, remodeling, or grading of any real property.
(Ord. 2004-11 § 1 (part))