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Home My WebLink AboutOrdinance #1587 ORDINANCE NO. 1587 AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TO CHAPTER 55, ARTICLE 557 ESTABLISHING REGULATIONS FOR OPERATION OF MOTORCYCLES AND MOTOR-DRIVEN CYCLES The City Council of the City of Huntington Beach does ordain as follows : SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by adding to Chapter 55, Article 557 , being Sections 5570 through 5577 , to read as follows : CHAPTER 55 ARTICLE 557 MOTORCYCLES AND MOTOR-DRIVEN CYCLES 5570 . SCOPE AND PURPOSE . The City Council of the City of Huntington Beach finds that the operation of licensed and un- licensed motorcycles and motor-driven cycles on unimproved private property and on public parkways , sidewalks , parklands , beaches and other public property (except public streets and highways) in the City of Huntington Beach creates excessive amounts of irritating dust , fumes , noise, erosion and fire danger, and con- stitutes a public nuisance to the residents of Huntington Beach. This ordinance is designed to regulate the operation of registered and unregistered motorcycles and motor-driven cycles by all persons , whether they possess a valid California motor vehicle operator ' s license or not , upon unimproved private property and upon all public property except public streets and highways in the City of Huntington Beach. 5571. DEFINITIONS. (a) Motorcycle . A "motorcycles` 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 pounds . l .. (b) Motor-driven cycle . A "motor-driven cycle" is any motorcycle, including every motor scooter , with a motor which produces not to exceed five horsepower, and every bicycle with motor attached. ( c) Highways . "Highway" is a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel . Highway includes street . (d) Unimproved private property . "Unimproved 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. 5572 . PROHIBITED OPERATIONS . (a) No person shall operate a motorcycle or motor-driven cycle other than a publicly-owned motorcycle _or motor-driven cycle , upon any public sidewalk, walkway , parkway or in any public park or recreational area or upon any other publicly- owned property, except highways , within the City of Huntington Beach. 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 of Huntington Beach. (b) No person shall operate a motorcycle or motor-driven cycle , other than a publicly-owned motorcycle or motor-driven cycle, upon any unimproved parcel of real property within the City of Huntington Beach, except as set forth in Section 5573 below. 5573 . EXCEPTIONS . Any person desiring to operate a motor- cycle or motor-driven cycle, and any owner of private property desiring to allow a person or persons to operate a motorcycle or motor-driven cycle on his private property, may do so upon first obtaining a_permit from the Chief of Police of the City of Huntington Beach. Permits shall be issued upon his determination that (a) the owner or owners of said real property concerned, or the person or persons in lawful possession thereof, have con- sented in writing to the proposed operation, and (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 vehicle and its proposed operation or by reason of the nature of the property concerned, and ( c) that such operation is of suffi- cient distance from occupied residences , churches , assembly halls or schools , as not likely to constitute a noise , dust or fumes nuisance . 2 . Any owner of property meeting the requirements of this section, or his agent , may in writing, authorize the Chief of Police to issue permits for the operation of motorcycles or motor-driven cycles on his property. Such authorization is to be in the form prescribed by the Chief of Police and must describe the real property and may limit the authority to the persons set forth in said authorization. Any change of interest in ownership in the real property shall be deemed an automatic revocation of such authorization. All persons holding a title interest in and to a parcel of real property must join in said authorization. 5574 . CONTENTS OF PERMIT. (a) Name, birthdate and physical description of the permittee . (b) A statement that permittee shall not operate or cause to be operated a motorcycle or motor-driven cycle on any real property except the real property set forth in the permit by description. (c) A statement of the hours that the permit authorizes operation of the motorcycle or motor-driven cycle . (d) A statement that said permit shall be carried by per- mittee at all times that he is operating a motorcycle or motor- driven cycle on public or private property as defined in this article and that the permit shall be exhibited to any police officer upon demand. (e) The date of expiration of the permit in no event to exceed one year, unless sooner revoked or suspended . (f) A statement that the permit is not an expression by the city that the proposed operation can be done with safety to the permittee or other persons or property, all of which risks are assumed by permittee or property owner. 5575. APPEAL. Any applicant refused a permit may appeal such refusal to the City Council by filing an appeal in writing, setting forth the grounds . 5575 .1. REVOCATION OR SUSPENSION. Any permit issued here- under is subject to suspension or revocation by the City Council, after notice to the permittee and public hearing, on any of the following grounds : (a) The owner or agent of the real property has withdrawn his consent . (b ) Conditions concerning the real property covered by the permit have changed so that conditions exist which would be 3 . grounds for refusal to issue the permit . (c) Permittee has violated any of the terms or conditions of the permit or any law while on private or public property pursuant to permit issued herein. 5576. 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 . 5577 . SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance 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 ordinance . The City Council of the City of Huntington Beach hereby declares that it would have passed this ordinance , and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections , subsections , sentences , clauses or phrases may be declared invalid or unconstitutional . SECTION 2 . The City Council of the City of Huntington Beach hereby declares that this ordinance is an emergency measure necessary for the immediate preservation of the public health, safety and welfare of the members of this community, and such ordinance shall take effect and be enforced immediately upon adoption hereof. SECTION 3 . The City Clerk shall certify to the passage of this ordinance and cause same to be, published within fifteen days of its adoption in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the Cit C until of the City of adJouYne� Huntington Beach at a regular/meeting thereof held on the 22nd day of June 1970 . M�xyor 4 . ATTEST : City erk APPROVED AS TO FORM: City Atto e 5 . Emergency Ord . No . 1587 STATE OF CALIFORNIA COUNTY OF ORANGE SS . CITY OF HUNTINGTON BEACH I. PAUL C. JONES, the duly elected , qualified, and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the fore- going ordinance was read to the. City Council of the City of Huntington Beach at a regular adjourned meeting thereof held on the 22nd day of June, 1970, and was passed and adopted by at least 5 affirmative votes of said City Council. AYES: Councilmen: Green, Bartlett, McCracken, Gibbs , Matney, Coen, Shipley NOES: Councilmen: None ABSENT: None City Clerk an e o is Jerk of the City Council of the City of Huntington Beach, California 1. PAUL C. JONES, CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council, do hereby certify that this ordinance has been published in the Huntington Beach News on 5 --------., 19..2_�. l'In a'c'co dance with the City Charter of said City- 1 ............................................... rk — Deputy City Clerk