Ordinance 1322
ORDINANCE No. 1322
AN OADINANCE OF THE CITY OF CUPE(iTINO ADDING
CHAPTER 11.10, OFF-STREET VEHICLES, TO THE
CUPERTINO MUNICIPAL CODE
WHEREAS, the off-street operation of vehioles on both private and
publio property in Cupertino exists; and
.WHEREAS,. the public health, safety and .welfare oP the citizens oP
Cupertino may be endangered by the off-street operation of such vehioles;
and '
WHEREAS, it is necessary for the protection of all nitizena that .the
operation of ofP-street vehioles be regulated.
ttOW, THEREFORE, HE IT ORDAINED that the City of Cupertino hereby adds
to Title 11 of the Cupertino Munioipal Code, Vehicles and Traffio, to read
as follows: "
Chapter 11.10
OPf-street Vehicles
Sections
11.10.010 -Purpose
11.10.011 - Definition
11.10.012 - Regulation
11.10.013 -Exemption from Regulation
11.10.014 - Responsibility of Parents and Guardians
11.10.015 - APPeal
11.10.016 - Minimum Penalty
11.10.017 -Enforcement '
11.10.010 - Purpose
The City Council finds that certain. off-street operation of vehioles
creates unnecessary, excessive and annoying noise, dust, and fumes, 'and
exposes both private and public property to the .dangers of fire and soil.
erosion, any of which adversely affeot tha publio peace, health,'welfare
and safety and all of whioh shall be regulated for the protection oP the
public.
11.10.011 - Definition
,, ~
A "vehiole" for the purpose of this article is a device ''`by which any
person or property may be propelled, moved or drawn, excepting a device
moved by human power. "Vehiole" includes, but is not limited to,
automobile, motorcyole, RV, ATV, ATC, motor drive oyole, Pour-wheel drive,
and motor vehiole as defined in the Vehiole Code of the State of
California..
11.10.012 - Regulation
No person shall operate a vehicle on private or public property in the
City of Cupertino without first having obtained a permit. Permits shall
be issued by the Chief of Police upon a determination that: .
(a) The owner or owners of said residential property concerned, or
the person or persons in possession thereof, have consented in xriting to
the proposed operation;
(b) The property concerned as shown on the latest Assessor's Map is
at least five hundred (500) feet from any residence, church, school or
place oP assemblage xhieh has not .consented in writing to the proposed
operation;
(o) The Directar of Planning and Inspection has certified that the
proposed operation conforms to the uses permitted on sub~eet property by
the City's Zoning Ordinance;
(d) The fire marshal has certified that the proposed operation x111
not create a fire hazard, and
(e) The Director of Public Works - City Engineer has certified that
the proposed operation will not adversely affect public property.
The permit shall specify the area of permitted operation and period
for which is valid. The permit shall further state that the City makes no
representation as to safety of persons or property and that all risks are
assumed by the applicant, property owner or other responsible person.
11.10.013 - Exemption from Regulations
Exempt from the regulation of this Article are:
(a) Operation under the State of California Vehicle Code of Vehicles
having valid registration driven by persons possessing Valid operators'
license upon the public streets and highxays and for normal ingress and
egress from private and publio property where where drivexays and parking
places are used in a reasonable and customary manner.
1
(b) Vehicles designed primarily for agricultural, horticultural or
construction purposes and used in the ordinary lawful way in such
activities.
(c) Operation of publicly-owned vehioles by a public employee aoting
within the course and scope oP his employment.
..
(d) Operation of vehioles on private vehicular rights of way by those
having ownership thereof or an easement or license to do so.
11.10.014 - AesDOnsibility of Parents and Guardians
No parent, guardian or other adult person having control, ouatody or
care of any minor under the age of eighteen years shall permit, allow or
let suoh minor to violate any provisions of this Article.
11.10.015 - Appeal
Any person whose application for a permit is denied maJ appeal such
decision to the City council by filing a written notice of appeal within
ten (10) days after notification by the Chief of Police that said permit
has been denied. The City Council shall thereupon conduot a hearing on
said appeal within thirty (30) days fro 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.
• 11.10.016 - Penalty
For any violation of any provision of this Artiole, the fine imposed
shall be no less than the sum of Fifty 050.00) Dollars for the first
offense and One Hundred 0 100.00) Dollars for the second offence.
11.10.017 - Enforcement
' The City Clerk is hereby authorized and instructed to file a certified
copy of this Ordinance upon its becoming effective with the Sheriff's
Office of the County of Santa Clara, State of California.
INTRODUCED at a regular meeting of the City Counoil of the City of
Cupertino this 15th day oP JulY , 1985 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this Sth day
of August , 1985 by the following votes
Vote Members of the City Counoil
Aye; Gatto, Rogers, Sparks, Johnson .
NOES: None
ABSENT: Plungy
ABSTAIN: None
ATTEST: APPROVED: , / J
~~~ ~ ~
City Clerk