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Home My WebLink AboutOrdinance #1926 ORDINANCE NO. 1926 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 557 PERTAINING TO PROHIBITED OPERATION OF VEHICLES AND MOTORCYCLES ON UNIMPROVED LAND The City Council of the City of Huntington Beach does ordain as follows : ARTICLE 557 VEHICLES AND MOTORCYCLES SECTION 1 . The Huntington Beach Ordinance Code is hereby amended by amending Sections 5570, 5571, 5572, 5573 and 5574 to read as follows : 5570 . SCOPE AND PURPOSE. The City Council of the City of Huntington Beach finds that the operation of licensed and unlicensed vehicles , 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 constitutes a public nuisance to the residents of Huntington Beach. This article is designed to regulate the operation of registered and unregistered vehicles , motor- cycles 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 "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 pounds . (b ) Motor-driven cycle. A "motor-driven cycle" is any motorcycle, including every motor scooter, with a motor which produces less than 15 gross brake 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 6 13/7 4 for purposes of vehicular travel. Highway includes street. / JG; cs 1. (d) Unimproved private property. "Unimproved private property" under this Chapter shall mean any parcel of land or parcels of land under common ownership which contain no buildings or which are not surfaced with cement, concrete , asphaltic concrete, or other similar material, or which do 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. (e ) Vehicle . A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved by human power or used exclusive) upon stationary rails or tracks . Farm construc- tion and commercial vehicles are exempted from this definition. 5572 . PROHIBITED OPERATIONS. (a) No person shall operate a vehicle, motorcycle or motor-driven cycle other than a publicly-owned vehicle, motor- cycle or motor-driven cycle, upon any public sidewalk, walkway , parkway or in an public ark or recreational area or upon an y p p p y other publicly-owned property, except highways , within the City of Huntington Beach. This shall not be construed to prohibit the operation of a vehicle, 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 vehicle, motorcycle or motor-driven cycle, other than a publicly-owned vehicle, motor- cycle or motor-driven cycle, upon any unimproved private property within the City of Huntington Beach, except as set forth in Section 5573 below. 5573. EXCEPTIONS. Any person desiring to operate a vehicle, motorcycle or motor-driven cycle, and any owner of private property desiring to allow a person or persons to operate a vehicle mot -p , 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 consented 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 prop- erty concerned, and (c ) that such operation is of sufficient 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 vehicles , motor- cycles or motor-driven cycles on his property. Such authoriza- tion 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 vehicle, 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 vehicle, motorcycle or motor-driven cycle . (d) A statement that said permit shall be carried by permittee at all times that he is operating a vehicle, motor- cycle 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. SECTION 2 . This ordinance shall take effect thirty days after its passage. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly news- paper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the lst day of July, 1974 . 2U4 _"" A,-, --- -_ MAYOR PRO TEM ATTEST: APPROVED AS TO FORM: City Clerk APR OVED AS TO CONTENT: City Attorne City Administrator 3 • Ord. No. 1926 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH I, ALICIA M. WENTWORTH, the duly elected, qualified 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 whole number of member$ of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the lst day of July 19 74 , and was again read to said City Council at a regular meeting thereof held on the 15th day of July 19 74 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Gibbs, Matney, Wieder, Duke NOES., Councilmen: None ABSENT: Councilmen: Shipley, .Coen City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Wsnhs@►#S CM C K of this City of w'"" ago& end "fisi® Clerk of the City eo, d' h8roy Coo the thi§ ordine+nre hot io3tkz#f h idN t i#roongton B h Newst MR IMF t- Ctty Charter of said City. AUCIA M. WENTWORTH ---•- •--- City Clerk team tR tt......rrtrrrrr z