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Home My WebLink About1350 - Vehicular NuisancesORDINANCE NO. AN ORDINANCE OF THE CI ADDING CHAPTER 12,64 To MUNICIPAL CODE RELATING NUISANCES The City Council of the ordain as follows- 1,350 I OF NEWPORT BEACH THE NEWPORT BEACH TO VEHICULAR City of Newport Beach does SECTION 1, Chapter 12,64 is added to the Newport Beach Municipal Code to read-. 'CHAPTER 12,64 VEHICULAR NUISANCES Sections 12.64 010 Scope. 12.640020 Definitions. 12.64.030 Prohibited Operations. 12.64.040 Exceptions. 12.64,050 Operation by Permit. 12.64 060 Right to Revoke. 12e64.070 Appeal. 12,64.080 Violations ® Penalties. 12.64.090 Separability. ' 12.64.010 Scope. This Chapter is designed to regulate the operation of registered and unregistered motorcycles, motor-driven cycles, jeeps, dune buggies and other motor vehicles by all persons, whether they possess valid California motor vehicle operators' licenses.or not, upon unimproved private property and.upon all public property except highways in the City of Newport Beach> 12.64.020 Definitions. (a) Motorcycle. A 'motorcycle' is any motor vehicle other than a tractor having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred (1,500) pounds. (b) Motor - Driven Cycle. A 'motor driven cycle' is any motorcycle, including every motor scooter or minibike, with a motor which produces not to exceed ®l® five horsepower, and every bicycle with motor attached. (c) Highway. 'Highway' is a way or place of whatever nature, including streets and alleys, publicly maintained and open to the use of the public for purposes of vehicular travel. (d) Unimproved Private Property. 'Unim- ,proved private property' shall mean any parcel of land which either contains no structures or which is not surfaced with cement, concrete, asphaltic concrete, or other similar material, or which does not have a hard surface made up of a mixture of rock, sand or gravel bound together with a chemical or mineral substance other than natural soil. 12.64.030 Prohibited Operations. (a) No person shall operate a motorcycle, motor - driven cycle, jeep, dune buggy or other motor vehicle upon any public sidewalk, walkway, so parkway or in any public park or recreational area or upon any other publicly owned property,..except highways, within the City of Newport Beach. This shall not be construed to prohibit the operation of a motorcycle or motor - driven cycle or any motor vehicle having a valid California vehicle regis- tration, by any person possessing a valid California operator's license, upon the public highways in the City of Newport Beach. (b) 'No person shall operate a motorcycle, motor - driven cycle, jeep, dune buggy or other motor vehicle upon any unimproved parcel of real property within the City of Newport Beach, except as set forth in Section 12.64.040 below. (c) No person shall operate a motorcycle, motor- driven cycle, jeep, dune buggy or other motor vehicle on any private park, recreational area, landscaped area or -2- 8/11/70 green belt area located within a residential community. 12.64.040 Exceptions. (a) The provisions of Section 12.64.030 shall not apply to a public officer or employee acting within the scope of his employment or to the agents or employees of the owner of any private property while acting within the scope of their employment. (b) The provisions of Section 12.64.030 shall not apply to the operation of such vehicles on driveways, parking lots, race courses, or other places where the public is invited to operate such vehicles so long as such vehicles are operated in a reasonable manner. (c) Any person desiring to operate a motorcycle, motor - driven cycle, jeep, dune buggy or other motor vehicle on any unimproved private property may do so upon first obtaining a permit from the Chief of Police of the City of Newport Beach. Permits shall be issued upon the determination by said Chief of Police that (a) the owner or owners of said real property concerned, or the person or persons in lawful possession thereof under a long term ground lease, have consented in writing to the proposed operation; (b) that the City Fire Chief has certified that such proposed operation will not create any undue fire hazard by reason of the nature of the:property concerned; and (c) that such operation is of sufficient distance from occupied residences, churches, assembly halls or schools that it will not be likely to create a nuisance as the result of noise, dust or exhaust fumes. This section shall not apply to the owner or person in lawful possession of IP said private unimproved property. -3- 12.64.050 Operation by Permit. The operation of any motorcycle, motor- driven cycle, jeep, dune buggy or other motor vehicle on unimproved private property by authority of a permit issued in accordance with the provisions of Section 12.64.040 above shall be limited to the hours commencing one hour after sunrise and ending one -half hour after sunset, unless otherwise specified by the Chief of Police. The operation of said vehicles shall not be permitted nearer than 200 yards to any residential struc- ture, church, assembly hall or school. Each permit so issued shall specify the effective date or dates of operation for which the permit is valid and shall further specify the area or areas of permitted operation. The permit shall be displayed on the vehicle at all times and shall be presented to any peace officer on request. The permit is not, and shall so state on its face, an expression by the City that such proposed operation can be done with safety to the operator or other persons or property, all of which said risks are assumed by the permittee or property owner. 12.64.060 Right to Revoke. Every permit granted under this ordinance or any section thereof is granted and accepted by all parties with the express understanding that the Chief of Police may hold a public hearing,'notice of the time and place of which shall be given by mail to the licensee, at the address shown on the permit; and that if after such hearing the Chief of Police finds that any grounds for revocation exist, the Chief of Police may revoke or suspend such permit; and that if the facts or -4- conditions constituting the grounds for revocation are an immediate threat to the public peace, health or safety, 4Fthe Chief of Police, pending such hearing may suspend such permit for not more than 30 days. Grounds for revocation are. Excessive.noise, dust and fumes; land erosion; fire hazard; or any law or ordinance being violated in connection with this activity. 12.64.070 Appeal. Any person whose application for a permit is denied or revoked may appeal such decision to the City Council by filing a written notice of appeal within ten (10) days after notification by the Chief of Police that said permit has been denied. The City Council shall thereupon conduct a hearing on said appeal within thirty (30) days from the date of filing said notice of appeal with the City Clerk. The decision of the City Council shall be final and conclusive upon all persons concerned. 12.64.080 Violations - Penalties. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than Twenty -Five Dollars ($25.00), but not exceeding One Hundred Dollars ($100.00), or imprisonment for a period not to exceed thirty•(30) days, or by both said fine and imprisonment. 12.64.090 Separability. If any section, subsection, sentence, clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall,not affect the validity of the remaining -5- 8/11/70 portions of this Chapter. The City Council of the City of Newport Beach declares that it would have added this Chapter to the Newport Beach Municipal Code, and each section, subsection, clause or phrase thereof, irrespec- tive of the fact that any one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional." SECTION 2.. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective 30 days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of August 1970, and was adopted on the 24th day of August, 1970, by the following vote, to wit: AYES' COUNCILMEN: McInnis, Kymla, Hirth, Croul, Dostal, Parsons NOES, COUNCILMEN: None ABSENT COUNCILMEN: Rogers ATTEST: CERTIFIED AS THE ORIGINAL ARID CERTIFIED AS TO PUBLICATION DATE. z /ryaD 4IIK'CCERK OF THE CITY OP NEWPO BEACH Mayor ff-M THS:adw 8/5/70