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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,