2830ORDINANCE NO. 2830
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
- - CHAPTER 6.46 TO THE ANAHEIM MUNICIPAL CODE
RELATING TO OPERATION OF MOTORCYCLES AND
MOTOR DRIVEN CYCLES.
The City Council of the City of Anaheim, in consideration
of the adoption of this Ordinance, makes Findings of Fact as
follows:
WHEREAS, there is a recent and sudden increase in the
ownership and operation of motorcycles and motor driven cycles
on unimproved parcels of private property and on public property,
including the public streets and highways, in the City of Anaheim;
and
WHEREAS, the California Vehicle Code provides for the
regulation of vehicles and operators on the public streets and
highways of this State; and
WHEREAS, the operation of licensed and unlicensed
motorcycles and motor driven cycles on unimproved private pro-
perty and on public parkways, sidewalks, parklands and other
public property in the City of Anaheim generates excessive
amounts of irritating dust, noxious exhaust fumes and noise. Said
operation also creates a high risk of igniting brush and grass
fires; and
WHEREAS, said operation further has created and will
continue to create erosions of land and has created unimproved
roads and pathways which constitute a danger to persons in the
area; and
WHEREAS, said operation has caused an adverse effect
on the environment in the area and on the persons residinq
therein, all of which constitute a public nuisance to the residents
of Anaheim; and
WHEREAS, that after examination and investigation of the
existing situation, it is determined that a public nuisance exists
and that certain controls must be imposed upon the operation of
motorcycles and motor driven cycles on public and private property
in the City of Anaheim.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 6.46 is added to the Anaheim Municipal Code to
read as follows;
"Chapter 6.46 MOTORCYCLES AND MOTOR DRIVEN CYCLES
"Sections 6.46.010 Scope
6.46.020 Definitions
6.46.030 Prohibited Operations
6.46.040 Permits
6.46.050 Operation by Permit
6.46.060 Appeal
6,46.070 Violations - Penalties
6.46.080 Separability
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Section 6.46.010 SCOPE
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 Vehicles operator's license or not, upon
unimproved private property and upon all public property
except highways, in the Citv of Anaheim.
Section 6.46.020 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 pounds.
(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.
Section 6.46.030 PROHIBITED OPERATIONS
(a) No person shall operate a motorcvcle 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 Anaheim. This shall not be construed to pro-
hibit the operation of a motorcvcle or motor -
driven cycle having a valid California vehicle
registration by any person possessing a valid
California operators license upon the public
highways in the City of Anaheim.
(b) No person shall operate a motorcvcle 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 Anaheim, except as set forth in Section 6.46.040
below.
Section 6.46.040 PERMITS
Any person desiring to operate a motorcycle or motor -driven
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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 Anaheim.
Permits shall be issued upon his determination that the
owner or owners of said real i�roperty concerned, or the
person or persons in lawful possession thereof, have con-
sented in writing to the proposed operation, and that the
City Fire Marshal has certified that such proposed operation
will not create any undue fire hazard by reason of tie nature
of the vehicle and its proposed operation or by reason of
the nature of the property concerned, and that such operation
is of sufficient distance from occupied residences, churches,
assembly halls or schools, as to likely not constitute a
noise, dust or fumes nuisance.
Section 6.46.050 OPEP,ATION BY PERIMIT
The operation of any motorcycle or motor -driven cycle on
unimproved private property by authorit-%7 of a permit issued
in accordance with the provisions of Section 6.46.040 above,
shall be limited to the hours commencing one-half hour
after -,sunrise and ending one-half hour after sunset. The
operation of said vehicles shall not be permitted nearer
than 200 yards to any residential structure, 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.
Section 6.46.060 APPEAL
Any person whose application for a permit is denied may
appeal such decision to the City Council by filing a written
notice of appeal within ten (10) dans 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.
Section 6.46.070 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.
Section 6.46.080 SEPARABILITY
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
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jurisdiction, such decision shall not affect the validity
of the remaining portions of the Ordinance. The City Council
of the City of Anaheim hereby 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.
SECTION 2.
The provisions of this Ordinance shall not apple to
those specific areas of public proyaerty as designated by the
City Council of the City of Anaheim for the operation of the
vehicles mentioned "herein.
SEC'T'ION 3.
For the reasons stated in the aforementioned Findings of
Fact, the City Council of the City of Anaheim determines an
emergency situation exists and that in order to immediately protect
the health and safety of the citizens of Anaheim, tris Ordinance
shall be effective upon its passage, and shall be published as
required by law.
THE FOREGOING ORDINANCE is approved and signed by me
this 7th day of Jud , 1970.
i' f -
n R OF THE CITY OF ANAF2,FI'-,1 -
ATTEST:
I J-1 'I, -
CI Y CLERK OF THE CITY OF ANAHEI4
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MM/ms-7-7-70
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Ordinance No. 2830 was introduced
at a regular meeting of the City Council of the City of Anaheim, held
on the 30th day of June, 1970, and that said Ordinance as amended,
was reintroduced and adopted as an urgency measure at a regular
meeting held on the 7th day of July, 1970, by the following vote
of the members thereof:
AYES: COUNCILMEN: Clark, Stephenson, Thom and Dutton
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Pebley
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Ordinance No. 2830 on the 7th day of
July, 1970.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 7th day of July, 1970.
4jr .
�ITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do
hereby certify that the foregoing Ordinance is the original of
Ordinance No. 2830 and was published once in the Anaheim Bulletin on
the 14th day of July, 1970.
City Clerk