HomeMy WebLinkAboutOrdinances_2818_CCv0001.pdf ORDINANCE NO. 2818
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 10.58 TO
THE REDLANDS MUNICIPAL CODE RELATING TO OFF-ROAD USE OF MOTOR
VEHICLES UPON UNIMPROVED CITY PROPERTY
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 10.58, entitled "Off-Road Use of Motor Vehicles Upon
Unimproved City Property," of the Redlands Municipal Code is hereby added to read as follows:
"CHAPTER 10.58
Off-Road Use of Motor Vehicles Upon Unimproved City Property
10.58.010 SCOPE.
10.58.020 DEFINITIONS.
10.58.030 PROHIBITED OPERATIONS.
10.58.040 PERMITS.
10.58.050 OPERATION BY PERMIT
10.58.060 APPEAL.
10.58.070 VIOLATIONS.
10.58.080 EXEMPTION.
10.58.010 SCOPE. This Chapter is designed to regulate the operation of motorized vehicles
by all persons, whether they possess a valid California Motor Vehicles operator's license or not,
upon all unimproved City property, except highways, in the City.
10.58.020 DEFINITIONS. Unless it is apparent from the context that another meaning is
intended, the following words and phrases when used herein shall have the meaning ascribed to
thein by this section:
A. "City Manager" means the City Manager of the City or the City Manager's authorized
designee.
B. "Highway" means a way or place of whatever nature, publicly maintained and open to
the use of the public for purposes of vehicular travel. "Highway" includes streets, roads
and alleys.
C. "Motorcycle" means any motor vehicle as defined by section 400 of the California
Vehicle Code.
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D. "Motorized bicycle" means any motor vehicle as defined by section 406 of the California
Vehicle Code.
E. "Motor-driven cycle" means any motor vehicle as defined by section 405 of the
California Vehicle Code.
F. "Motorized scooter" means any motor vehicle as defined by section 407.5 of the
California vehicle Code.
G. "Motor Vehicle" means any vehicle as defined by section 415 of the California Vehicle
Code.
H. "Unimproved public property" means any parcel of land owned by the City 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.
10.58.030 PROHIBITED OPERATIONS.
A. No person shall drive a motor vehicle on any unimproved public property without
having in his or her immediate possession and, upon request of a peace officer, displaying
written permission from the City Manager to be on such property; however, this
subsection shall not apply to a person having lawful business with the City relating to the
property or to any person possessing the legal right to conduct business on such property.
B. No person shall park a motor vehicle on any unimproved public property without
displaying in such a manner as to be seen through the front windshield by any person
outside of such vehicle, written permission from the City Manager to be on such
property; however, this subsection shall not apply to a person having lawful business with
the City relating to the property or to any person possessing the legal right to conduct
business on such property.
C. No person shall operate any privately owned motorcycle, motorized bicycle, motor-
driven cycle, motor scooter, or motorized tricycle or quadricycle upon any unimproved
public property, except highways within the City, and except as set forth in section
10.58.040. This subsection shall not apply to a person having lawful business with the
City relating to the property or to any person possessing the legal right to conduct
business on such property. This shall not be construed to prohibit the operation of a
motorcycle or motor-driven cycle having a valid California vehicle registration by any
person possessing a valid California operator's license upon the public highways in the
City.
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10.58.040 PERMITS. Any person desiring to operate a motorcycle, motorized bicycle,
motor-driven cycle, motor scooter, or motorized tricycle or quadricycle on unimproved public
property may do so upon first obtaining a permit from the City Manager. Permits shall be issued
upon determination of the City Manager that the proposed operation of any such vehicle will not
create any undue fire hazard or constitute nuisance.
10.58.050 OPERATION BY PERMIT. The operation of any motorcycle, motorized
bicycle, motor-driven cycle, motor scooter, or motorized tricycle or quadricycle on unimproved
public property by authority of a permit issued in accordance with the provisions of Section
10.58.040 shall be limited to the hours commencing one-half hour after sunrise and ending one-
half hour before sunset. Each permit so issued shall specify the area or areas of pennitted
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 of the vehicle.
10.58.060 APPEAL. Any person whose application for a permit under Section 10.58.040 is
denied may appeal such decision to the City Council by filing a written notice of appeal within
ten (10) days after notification by the City Manager 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.
10.58.070 VIOLATIONS. Any person violating any of the provisions of this chapter shall
be guilty of a misdemeanor. Each person shall be deemed guilty of a separate offense for each
and every day during any portion of which any violation of any provision of this chapter is
coininitted or continued by such person.
10.58.080 EXEMPTION. The provisions of this chapter shall not apply upon any public
highway, street, road or alley within the City."
Section 2. The City Council hereby finds that the adoption of this ordinance is
exempt from review under the California Envirozunental Quality Act ("CEQA") pursuant to
CEQA Guidelines (14 CCR section 15000 et seq.) section 15061(b)(3) because it can be seen
with certainty that there is no possibility that such adoption may have a potential for causing a
significant effect on the enviromnent.
Section 3. 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 portions of the chapter.
The City Council declares that it would have passed this ordinance, and each section, subsection,
clause or phrase thereof, irrespective of the fact that any one or more other sections, subsections,
clauses or phrases may be declared invalid or unconstitutional.
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Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a sununary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
Paul W. Foster, Mayor
ATTEST:
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Sam Irwin, 6ty Clerk
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I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly
adopted by the City Council at the regular meeting thereof, held on the 21 st day of April, 2015,
by the following vote:
AYES: Councilmembers Harrison, Gilbreath, Barich, James; Mayor Foster
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City Clerk
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