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HomeMy WebLinkAbout692 Regulation of Motorcycles and off-highway Vehicles~~ ~ i v ~ -:: ORDINANCE NO. 692 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING ARTICLE 5 TO CHAPTER 1 OF DIVISION 7 OF THE UKIAH CITY CODE (REGULATION OF MOTORCYCLES AND OFF-HIGHWAY MOTOR VEHICLES The City Council of the City of Ukiah does Ordain as follows: Section 1. Article 5 is added to Chapter 1 of Division 7 of the Ukiah City Code to read as follows: Article 5 - Motorcycles; Off-Highway Motor Vehicles Section 6040 - Findings and Purpose: The City Council finds: (a) That the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the limits of the City of Ukiah is and can be the cause of noise and dust and of the destruction of plants, landscaping, and other personal and real property, which conduct adversely affects the comfort and privacy of occupants, and residents of the City of Ukiah. 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 provi- sions of this section relating to the regulation of motorcycles, motor-driven cycles, or off-highway motor vehicles are therefore necessary for the public welfare. (b) That the purpose of this section is to exercise the police power in order to protect the enjoyment and use of public and private property, to protect the rights of privacy, to preserve property and personal - "~~ L i. e) motor-driven cycles, or off-highway motor vehicles on public and private property within the City of Ukiah. This section shall not apply to the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway motor vehicles on street and highways or in other areas which are specifically governed or pre-empted by the Vehicle Code or any other statutes of the State of California. Section 6041 - Operation violation: It shall be unlawful for any person to drive, ride, or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in Sections 400, 405, and 38012 re- spectively of the Vehicle Code of the State of California, in- cluding but not limited to motor scooters, motor bikes and mini- bikes, upon any public or private property which is not on im- proved public street or highway, or an improved private street constructed in accordance with City of Ukiah standards and approved by the City, except that this section shall not apply 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 i.s 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 zon- ing regulations of the City of Ukiah. Rer.tion 6042 - Mufflers: '~~1:~ such vehicles are defined in Section 400, 405, and 38012 respectively of the Vehicle Code of the State of California, including but not limited to motor scooters, motor bikes and mini-bikes, 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 Ukiah standards and approved by the City, unless said motorcycle, motor-driven cycle, or off-highway motor vehicle is at all times equipped with an adequate muffler in constant opera- tion and properly maintained so as to meet the requirements of Section 38370 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. The provisions of this section shall not apply if the enumerated vehicles are being operated on a lawfully zoned and operating race track. Section 6043 - Coordination: 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 appli- cable to any conduct regulated hereby. Section 6044 - Violation: Violations of this article are hereby declared to be infractions and violators shall be punished by a: (a) fine not to exceed fifty dollars ($50.00) upon first conviction (b) fine not to exceed one hundred ($100.00) upon second conviction within one year of first con- viction within a one year period. . ~ .I_ Section 2. This ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. Section 3. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED this 20th day o£ April, 1977 by the following roll call vote: AYES: Councilmen Brannon, Wood, Mayor Simpson NOES: Councilmen Feibusch and Councilwoman Snyder ABSENT: None. s/ Jack Simpson MAYOR ATTEST: s/ Hattie M. Tillotson CITY CLERK C/Yir Ci~RK ~a~,,c :«~i~ To 8. A Tn~ ~ ~'~ CeoY ,~ , ~~ , D~