Ordinance Number 169241
ORDINANCE NO. 169
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN CAPISTRANO REGULATING THE USE
OF MOTOR DRIVEN VEHICLES ON PRIVATE PROPERTY,
AND DECLARING THE URGENCY THEREOF.
The City Council of the City of San Juan Capistrano does
hereby ordain:
SECTION 1: Vehicles on land of another.
It shall be unlawful for any person to operate any cycle,
motor driven cycle, mini bike, trail bike, motor scoter, jeep, dune
buggy, or other motor vehicle on real property owned or occupied by
another without the written consent of all the owners and occupiers
in such operator's possession, unless the owners of the property
have posted the property permitting such use.
Provided, however, that this prohibition does not include
'the operation of a vehicle or cycle having a valid California
vehicle registration by any person possessing a valid California
operator's license, upon a public street or highway.
Provided further that this prohibition shall not apply
to a public officer or employee acting within the course and scope
of his employment.
Provided further that the provisions of this section shall
not apply to the operation of such vehicles on driveways, parking
lots, race courses, or Obher places where the public is invited
to operate such vehicles so long as such vehicle is operated in
the reasonable and ordinary manner customary for such use.
SECTION 2. Disturbance by vehicle.
It shall be unlawful for any person to operate a vehicle
referred to in Section 1 of this ordinance in such a manner as is
-- reasonably likely to disturb the peace or quiet of any
neighborhood or person by reason of noise., dust, smoke or fumes.
SECTION 3. 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 immediately;
the facts constituting the urgency are as follows:
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There has been a recent and sudden increase of ownership
and operation of vehicles capable of being operated off of the
public reads. The operation of these vehicles generates excessive
amounts of irritating dust, noxious exhaust fumes andnnoise. 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 constitutes a nuisance
and a danger to persons and property within the City of San Juan
Capistrano. Said situation is presently aggravated by the summer
season where warm weather and long hours of daylight have increased
the nuisance since residents open their windows and spend more
time out of doors.
SECTION 4. Before the expiration of fifteen (15) days
after the passage thereof, this ordinance shall be published once
in the Coastline Dispatch, a newspaper of general circulation to-
gether with the names of the members of the City Council voting
for and against the same.
PASSED, APPROVED and ADOPTED this 24th day of August,
1970, at a regular meeting of the City Council of the City of
San Juan Capistrano, by the following vote, to wit:
AYES: COUNCILMEN: CHERMAK, BATHGATE, GAMMELL,
THORPE, and FORSTER
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
Mayor of the City of
San Juan Capistrano
ATTEST:
CityClerk of the City of
San Juan Capistrano
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, ERNEST A. THOMPSON, City Clerk of the City of San Juan
Capistrano, California, hereby certify that the foregoing is a
true and correct copy of an ordinance of the City Council of the
said City, numbered 169, adopted by the City Council on the 24th
day of August, 1970.
City Clerk
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