Loading...
HomeMy WebLinkAbout38.72 ORDINANCE NO. 38.72 AN ORDINANCE OF THE CITY OF SARATOGA AMENDING CHAPTER 9 OF THE SARATOGA CITY CODE, WHICH CHAPTER IS ENTITLED "MOTOR VEHICLES AND TRAFFIC" BY ADDING ARTICLE IX THERETO REGULATING THE OFF-STREET OPERATION OF VEHICLES IN THE CITY OF SARATOGA The City Council of the City of Saratoga does herby ordain as follows: Section 1. Purpose The City Council of the City of Saratoga hereby finds and determines that the off-street operation of vehicles in this Cit~ other than as set forth in the exemptions hereinaft~r prescribed, creates unnecessary, excessive and annoying noise, dust and fumes, land'exposes both private ahd public property to the dangers of fire and soil erosion, all of.which adversely affect the public peace, health~ welfare and safety and all of which should be regulated for the protection of the public as hereinafter set forth. Section 2. Article IX is hereby added to Chapter 9 of the Saratoga City Code, said Article and its sections and subsections to read as follows: ARTICLE IX OFF-STREET VEHICLE OPERATION Sec. 9-200. Vehicle Definition. As used in this Article, a "vehicle" is a~y device by which any person or property may be propelled, moved or drawn, excepting a device moved by human power. The term vehicle includes~' but is not limited to, the following illustrative examples: automobile, RV, ATV, 4-wheel.driye, motorcycle, motor- driven cycle, and any motor vehicle as d~fined in the Vehicle. Code of the State of California Sec~ 9j201~ Off-Street Vehicle Regulations. (a) It shall be unlawful ~or'any person to use or operate on any p~blic or private properKy {n the City 6f Saratoga any vehicle for which no chrrent permit has been issued fn accord with this article. (b) It shall be unlawful for.any person to use or operate on any public or private properKy in the City of Saratoga any vehicle which does not comply with the specifications established in Section 9-205. Sec. 9-202. Permit ProvisionS. A permit shall be issued by the City Clerk upon application by the owner or other person in lawful possession of such vehicle and upon finding and determination that (a) the owner or owners of the real property concerned, or all of the persons in lawful possession thereof, have consented in writing to the ~roposed operation, and (b) the property concerned is a~' least 500 feet from any residence, church, school or place of assemblage and (c) the Chief of the Fire District having jurisdiction of the property concerned has certified that the proposed operation will not create a fire hazard, and (d) the Director of Public Works has certified that the proposed operation will not adversely affect public property, and (e) the Code Enforcement Officer has certified that the proposed operation will not be in violatio~ of any other law or ordinance of the City of SaraEoga, and (f) the vehicle has received certification by the Santa Clara County Sheriff per Section 9j205 hereof. Each permit shall specify the area of permitted operation and the period of its validity, and Shall further set forth that the City of Saratoga makes no representation as to the safety of persons or property, and that any and all risks involved in such off street operation are specifically assumed by the applicant and by the property owner or other responsible Rersons in lawful possession of said property'. Sec. 9-203. Exemptions. Exempt from the regulations in section 9-201 (a) are the~following: (a) Operation under the State of California Vehicle Code of a vehicle havingl. vaI~ motor vehicle registration driven by a person possessing a valid operator's license upon the public streets, and highways of the City of Saratoga and for pormal ingress and egress upon private and public property where driveways and parking places are used in a reasonable and customafy~manner. e~ (b) Vehicles ~esi~ned primarily for agricultural, horticultural or construction purposes and while being used in the o~dinaryand normal and lawful operation in such agricultural, horticultural or construction purposes. (c) Operation of vehicles on private vehicular rights of way by those having ownership thereof or an easement or license so to do. (d) Operation of a vehicle by a public employee acting within the course and scope of his employment. Sec. 9-204. Responsibility of Parents and Guardians. It shall be unlawful for any parent, guardian or other adult person having custody, care or control of any minor under the age of eighteen (18) years to allow or permit such minor to violate any provision of Section 9-201 hereinabove set forth. Sec. 9-205. Permit Requirements and Specifications. Certification by the Sheriff's Department for permit as provided by this chapter will require that each vehicle for which an application is made (a) ~-be equipped with a ~V~lld' Off-Highway identification plate or device as described by Section 38010 VC, and (b) be equipped with service brakes as requiredby Section 26311 VC, and (c) be equipped with an adequate.muffler as described by Section 27150 VC which muffler is capable of maintaining a sound level not greater than 83 dbA under any condition of grade,' load, accelleration, or decelleration (Off-Highway exceptions to 27~50 VC notwithstanding) and each motorcycle be: (d) equipped with an adequat~ spark arrester as required by 'Section 4442 Public Resources Code, and (e) equipped with ball-end break levers on controls mounted on handle bars and (f) equipped with folding foot pegs and (g) equipped with rubber padding on the brake cable take-up rod and(g) equipped with a "killswitch" cut off on the upper side of the right-hand grip. Sec. 9-206. Appeal. Any person whose application for a permit is denied may appeal such' ~/decision to the City Council by filing a wrf~ten}notice of appeal within ten . (10) d~yp after notification by the City Clerk that such permit has been denied. The City Council shall thereupon condu~t a hearing on Said appeal within thirty (30) days ~rom the date of filing said notice of appeal with the City Cle~. The City Council shall have the power to determine whether said appeal shall be a de novo hearing, or in the alternative to limit said appeal to the City Clerk upon'which the City Clerk based his denial.- The decision of the City Council on appeal shall be final and conclusive upon all persons concerned. Sec. 9-207. Minimum Penalty. In addition to the general penalty provisions of Section 1-7 of this code, for any violation of any provision of this Article the fine imposed shall be no less than the sum of $ 50.00 l~0r thef~first offense and $ 100.00 'for the. second offense. Section 3. If any section, subsection, sentence,.c~ause or phrase of this ordinance is for any' leason held by a court of competept jurisdiction to be invalid, such decisions shali not affect the validity of the remaining portions of this ordinance. The C~e~yCouncil of the City of Saratoga hereby declares that it would have passed this o~dinance ~nd each section~ subsection,. sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, .clauses or phrases be held invalid or unconstl~tional. Section 4. This ordinance shall take effect and be in'full force and effect thirty (30) days after its passage and adoption. = ~ Sec. 9-208. A Duration of RegulationS. ' Sections 9-208 through 9-207 Shall be and remain effective until December 31, 1977, and thereafter shall be of no further force or effect. The above and foregoing ordinance was regularly introduced and after waiting time required~ by law was thereafter passed and adopted at a regular meeting of the City Council of the City of Saratoga and held on the 1st. day of December , 1976 by the following vote: AYES: Councilmen Bridges, Brigham, Kraus, Matteoni NOES: Councilwoman Corr ABSENT: NONE ATTEST: ~YOR The above and foregoing is a true and correct copy of Ordinance F./-2.,z- which has been published accordinq to law. Deputy City Clerk 2( "7- -~/' Z ~ Date