ORD-27-70 URGENCY ORDINANCE OF THE CITYADDING TO THE OMC REGULATING THE OPERATION OF THE AFOREMENTIONED VEHICLES ON UNIMPROVED REAL PROPERTY AND DECLARING THE URGENCY THEREOFORDINANCE NO. 27-
70 AN URGENCY ORDINANCE OF THE CITY OF ORANGE
ADDING PART 1 ENTITLED, "MOTORCYCLES, MOTOR-
DRIVEN CYCLES AND OTHER MOTOR VEHICLES" TO CHAPTER
4 ENTITLED VEHICLE NUISANCES" TO THE ORANGE
MUNICIPAL CODE REGULATING THE OPERATION OF
THE AFOREMENTIONED VEHICLES ON UNIMPROVED REAL PROPERTY
AND DECLARING THE
URGENCY THEREOF.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 Orange;and WHEREAS, the California Vehic le 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 property and on public parkways, sidewalks,
parklands and other public property in the City of Orange
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, ~aid operation has
caused an adverse effect on the environment 1n the area and
on the persons residing therein, all of which constitute a public
nuisance to the resi-
dents of Orange; and WHEREAS, 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 Orange.NOW, THEREFORE, THE CITY COUNCIL
OF THE CITY OF
ORANGE DOES
ORDAIN AS FOLLOWS:SECTION I:Part
1 entitled/ "Motorcycles, Motor-driven Cycles and other Motor Vehicles,
r of Chapter 4 entitled "Vehicle Nuisances" shall be added
to the Orange Municipal
Code
CHAPTER 4 - VEHICLE NUISANCES PART
1 - Motorcycles, Motor-driven Cycles and other Motor
Vehicles Section
4300 Scope.This
Part regulates the operation of registered and non-registered
motorcycles and motor-driven cycles and other
motor vehicles by all persons, whether or not they possess
a valid California Driver's license, upon unimproved real
property and upon all public property except highways in
the City of Orange.
Section 4301 Definitions.
a) Applicant. The "applicant" is any person who, after
the date this Part becomes effective, first desires to
operate a motorcycle or motor-driven cycle, or other
motor vehicle, upon any unimproved private property within
the City of Orange, and who follows the procedure
established in this Part for obtaining a permit to operate
motor vehicles on private
property.b) Highway. A "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.c) 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
1500 pounds, except that four wheels may be in contact with
the ground when two of the wheels are a functional part of
a
sidecar.d) Motor-driven cycle. fA "motor-driven
cycle" is any motorcycle, including every motor
scooter, mini-bike, trail bike, or similar vehicle with a
motor which produces less than 15 gross brake horsepower, and
every bicycle
with an attached motor.e) Motor vehicle. fA "motor vehicle"
is a
vehicle which is self-propelled.f) Owner. When used
in connection with private property,the term "owner" shall refer to
all owners if there are m?re than one, or to the person
or persons
in lawful posses-S10n thereof.g) Unimproved
real property. "Unimproved real property"is any parcel of land 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 o~ rock, sand or gravel bound
together with a chemical or m1neral
substance
h) Vehicle. A "vehicle" is a device by which any person
or p:operty may ~e pro~elled,.moved, or drawn upon any
pub11c property 1nclud1ng a h1ghway or upon unimproved
real property, excepting a device moved by human power
or used exclusively upon stationary rails or tracks.
section 4302 Prohibited Operations.
a) No person shall operate a motorcycle or motor-
driven cycle or other mo~or vehicle within the City of
Orange,other than a pub11cly-owned motorcycle
or motor-driven cycle, ot other motor vehicle, upon
any public sidewalk,walkway, parkway or in any public
park or recreational area or upon any other
publicly-owned property except highways and except any property which
may from time to time be designated by the City of Orange
for the use of
suc h vehic les .b) No person shall operate
a motorcycle or motor-driven cycle, or other motor
vehicle, other than a publicly-owned motorcycle
or motor-driven cycle or other publicly-owned motor
vehicle upon any unimproved real property within the City of Orange
except as set forth in this Part. Provided,
however, that nothing contained herein shall be construed to
prohibit the operation of automobiles, trucks, or motor
vehicles used in construction, agricultural or other business activities on
unimproved real property when such use by said vehicles is with
the express or implied consent of the land-owners or
persons in lawful possession of said land and such use
is for the purpose of utilizing said unimproved land
for agricultural or other business purposes or such use is
for the purpose of
developing, altering or
improving said unimproved real property.Section 4303 Permits.Any person
who, after the date this Part becomes effective,first
desires to operate a motorcycle or motor-driven cycle
or other motor vehicle upon any unimproved real property within the
City of Orange may do so only after obtaining a
permit to operate motor vehicles on said real property.
Said permit shall be obtained in the following manner:a)
The applicant shall obtain a permit form from the Chief
of Police. Said form shall set forth the require-ments of
Sections 4304 and 4305 for the operation of motor-
cycles or motor-driven cycles or other motor
vehicles on unimproved real property. The applicant shall
submit, in conjunction with the application a description of the
property which is the subject of the request in sufficient
detail to fully delineate the area in which motorcycle
or motor-driven cycle or other motor vehicle riding
is con-templated. The applicant
shall also provide the name of the owner
of said property.b) The applicant shall thereupon request the
landowner to signify his consent to the operation of said
consent
in writing on the permit or an attachment thereto.It
shall be unlawful for any person to operate a motor-cycle
or motor-driven cycle or other motor vehicle on any
unimproved real property unless such consent of the land-
owner is on file with the City. The owner or owners of
the property, or the person or persons in lawful possession
thereof, shall certify that all persons having title or
possession are listed on the permit. If the owner desires
to establish conditions to the use of his property in
addition to those specified in Section 4305 he shall
specify such conditions in writing and the ~ame shall be
filed with the City.
c) After obtaining the approval of the property owner,
the applicant shall certify that he understands and agrees
to comply with the conditions included in the permit or
attachments thereto. The applicant shall also certify
that all of the information contained in the permit is
true and complete to the best of his knowledge.
d) The applicant shall then return the permit with the
written consent of landowner to the Chief of Police who
shall maintain a file of all such permits as are currently
valid. Said file shall be open to members of the public
interested in determining any conditions applicable to the
operation of motorcycles or motor-driven cycles, or
other motor vehic les, on any unimproved real property.
Upon receipt of the permit by the Chief of Police, the
property which is the subject of the permit shall become
available for use by all motorcycles and motor-driven cycles
or other motor vehicles, subject to compliance with
the conditions set forth in Section 4305 and with any
additional conditions imposed by the landowner only if the landowner
or land-owners have specifically consented in writing to
the use of said property by any and all
aforementioned vehicles other than the vehicles owned by the
person specifically receiving written consent of the landowner
or landowners.e) Permits granted pursuant to the provisions
of this Section shall be valid until revoked by any owner
or person in lawful possession of the property which is
the subject of
the permit.f) 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 per-mittee or
property owner.Sec tion 4304 Applicability of all Vehicle
Laws and Regulations to Vehicles Operated
on Unim-proved
Private Property.All laws of the State of California governing
the equipment required for the vehicles described herein,
including Sec-tion 4442 of the Public Resources Code
requiring spark arresters on motorcycles, shall be equally
applicable to said vehicles whether said vehicles are operated
on public streets or highways or on unimproved real property
as de-
Section 4305 Conditions for Operation
The operation of any motorcycle or motor-driven
cycle or other motor vehicles, within the scope of this
Part,shall be subject to the following
conditions:a) The operation shall be limited to the hours
commenc-ing one-half hour after sunrise and ending
one-half
hour after sunset.b) The operation shall not be permitted
closer than 200 yards from any residential structure,
church, hospital, or assembly hall. Nor shall such operation
be permitted when the only use within the 200-yard distance is
a park or a school unless, as to the park, the City
of Orange has con-sented in writing to the operation, and,
as to a private school, the operators of the
private school have consented in writing to the operation, and, as
to a public school,the Board of Trustees of the
School District have consented in
writing to the operation.c) The operation shall be unlawful
unless the vehicle, as defined herein, is equipped as required by
State law for a vehicle as defined in Section 670
of the Vehicle Code.d) The operation shall be limited
to areas where said operation will not create undue fire
hazard by reason of the nature of the vehicle or by reason
of the nature
of the property
concerned.Section 4306. 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) days after notifi-cation 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
4307 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 4308 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 jurisdiction, such decision shall not
affect the validity of the remaining portions of the ordinance.
The
of the
City of Orange hereby declares that it would have passed this
ordinance, and each section, subsection clause or
phrase thereof, irrespective of the fact that anyone or
more other sections, subsections clauses or phrases may
be declared invalid or unconstitutional,SECTION II:
This ordinance
is declared to be an urgency measure necessary for
the immediate preservation of the public peace health and
safety and shall become effective on this date.The facts
constituting the urgency are as follows:There has
been a recent and sudden increase in the ownership and
operation of vehicles capable of being operated off of
the public roads. The operation of these vehicles generates excessive
amounts of irritating dust, noxious exhaust fumes, and
noise. Such operations also create high risk of igniting brush
and grass fires and the destruction of natural ground cover
which will result in dangerous erosion of land,all of
which constitute a nuisance and a danger to persons and property within
the City of Orange, Said situation is presently aggravated by
the summer season where warm weather and long hours of daylight
have increased the incidence of such vehicular use and have
increased the nuisance since residents open their windows and
spend more time out of doors.Therefore, pursuant
to the procedures of Section 36934 of
the Government Code, the City Council of the City of Orange hereby
enacts this ordinance as an urgency ordinance in order to
protect the public health, safety and welfare. This ordinance shall
remain in effect until February 9, 1971, or until such
time as a permanent ordinance governing the matters contained herein
is enacted, whichever date occurs sooner.ADOPTED this
llth day of August, 1970.f jh,-
z~;;. , / A'~~Mayor of
the City range ATTEST:2c..
Le2-<'-?
Clty ept
e C1ty 0 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
ss.CITY OF ORANGE )
I, EMILY L.
WILSON, City Clerk of the City of Orange, California,DO HEREBY CERTIFY
that the foregoing ordinance was regularly introduced, read by Title, and
was passed and adopted at a regular meeting of the City Council,of the City
of Orange, held on the 11th day of August, 1970, by thefoliowJ.ng Orange Vote:AYES:
COUNCILMEN:
JORDAN,
HILEMAN, PEREZ, SMITH NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: HOYT
WITNESS my hand
and seal this l2t.hh~ ay ,of Aug~t::2 1970"02;W.
L1Ci.!.,
cr~.-:o.<,';;c-.
J EmilyL 11son
City C erk SP.
AL)6-
STATE
OF CALIFORNIA COUNTY
OF ORANGE ss
CERTIFICATE OF POSTING I
am Storekeeper-Buyer
hereby certify that
that on
I,W. D. Niedfe1t
AugUB t 12 19 70 I posted a copy of the
hereinafter described public document, a copy of which document
so posted is attached hereto, made a part hereof, and incor-
porated herein as though fully set forth herein, at the follow-
ing locations:
X (2)
X(3)
x(l) The Orange Civic Center, 300 East Chapman Avenue,
Orange, California.
Initial at least three (3) places at
which posting performed.)
Orange Public Library, Main Library,
101 North Center Street, Orange, California.
United States Post Office, Main Office,
308 West Chapman Avenue, Orange, California,
4) W.O. Hart Memorial Park, 701 South Glassell
Street, Orange, California.
designated by Ordinance of the City of Orange as public places
within the City of Orange for pos ting copies of the afore-
mentioned and described public document.
0~~
I certify under penalty of perjury that the foregoing
is true and c orrec t ,
Executed in the City of Orange, California, on the
12th day of August 19 70
Storekeeper-
Buyer URGENCy Ordinance No,