HomeMy WebLinkAbout0637ORDINANCE NO. 637 (1975 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
PROHIBITING RECREATIONAL USE OF ENGINE -
POWERED VEHICLES UPON UNIMPROVED PRIVATE
PROPERTY; PROVIDING FOR THE IMPOUNDMENT OF
SAID VEHICLES; AND SUPPORTING THE ESTABLISH-
MENT OF AREAS FOR SUCH RECREATIONAL USES.
WHEREAS, the City has.grown in a manner which -has resulted
in the development of residential areas in close proximity to
large open areas and to creekside areas; and
WHEREAS, recreational activities generally known as rough
terrain riding, trail -bike or dirt -bike riding, and similar
activities are naturally attracted to such areas; and
WHEREAS, the exhaust sounds from such vehicles are normally
loud, insistent, irritating and penetrating; and
WHEREAS, over a long period of time persons in near -by
residential.areas have lodged frequent complaints with the
City concerning the noise and dust nuisance created by such
activities; and
WHEREAS, this Council has received competent information
from residents who filed such complaints that they have
suffered reprisals for said complaints in the form of acts
of vandalism; and
WHEREAS, many attempts by the Police Department to contact
persons participating in such activities and seek their cooperation
in controlling the nuisance created thereby have been largely
ineffective; and
WHEREAS, this Council favors and supports recreational
activities for its citizens so long as such activities do not
impinge unreasonably upon the rights of other citizens- and
0 637
Ordinance No. 6:>_
2
,1975 Series)
WHEREAS, this Council has reviewed and examined the open
space areas within the City to determine whether or not such
activities could-reasonably be conducted without interfering -
with the peace and quiet of nearby residential areas, and
has found that there are no such areas within the City limits.
NOW, THEREFORE, BE IT ORDAINED by the Council of the
City of San Luis Obispo as follows:
SECTION 1. The Municipal Code is hereby amended by
adding thereto Municipal Code Section 4288 and subsections
thereof as follows:
"Section 4288. Regulation of Vehicle Use Upon Private
Property.
(a) No person shall drive or otherwise propel any engine-
powered or motor- driven vehicle or other self - propelled device
carrying one or more riders.upon the unimproved portions of
private premises within the City for recreational, sporting or
competitive activities or uses, including, but.not limited to,
rough terrain riding, trail -bike or dirt -bike riding, or
similar activities.
(b). If a person arrested or cited for a violation of this
ordinance has been arrested or cited by the Police Department
for a previous violation of the ordinance within the preceding
twelve -month period, the arresting officer shall impound the
vehicle or device involved in the violation. The owner of said
vehicle or device may reclaim it upon proof satisfactory to the
Chief of Police (1) that it will not.be so unlawfully used in
the future, or (2) that the previous arrest or citation was
invalid or erroneous.
Ordinance No. 63-
3
X1975 Series)
For the first vehicle impounded under, this ordinance for
any owner, the written representations of the adult owner, or
the parents of a juvenile owner, that the vehicle will not be
so used again shall be deemed to be 'proof satisfactory.'
Any person dissatisfied with a ruling of the Chief of Police
may appeal said ruling directly to the Council."
SECTION 2. This Council favors and supports recreational
activities of the type referred to in Section 1 hereof as
wholesome family -type recreation, and the City.of San Luis
Obispo will cooperate with other public agencies and with all
persons seeking the setting aside and establishment of areas
where such activities can be conducted without creating a
nuisance to others and without creating substantial environmental
damage. Staff is hereby directed to pursue the establishment
of such an area in an appropriate location.
SECTION 3. Six (6) months after the effective date of
this ordinance the City Administrative Officer and the Chief
of Police shall provide the Council with a joint report con-
cerning the effectiveness of this ordinance, together with
recommendations, if any, for changes to the ordinance and any
other recommendations related to control of the nuisance sought
to be abated herein.
SECTION 4. This Ordinance, together with the ayes and
noes, shall be published once in full, at least three days
before its final passage, in'the Telegram- Tribune, a news-
Ordinance No. 637 4 (1975 Series)
paper published and.circulated in said City, and the same
shall go into effect at the expiration of thirty days after
its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the
City of San Luis Obispo at a Regular Meeting thereof held on
the 17th day of March, 1975,, on motion of Councilman Gurnee,
seconded by Councilman Graham, and on the following roll
call vote:
AYES: Councilmen Graham, Gurnee and Norris
NOES: Councilman Brown and Mayor Schwartz
ABSENT: None
ATTEST:
r
..y e
J
1 � R
FINALLY PASSED this 7th day of APRIL, 1975,
by the following roll call vote:
AYES: Councilmen Gurnee, Graham, Norris, Petterson and
Mayor Schwartz
NOES: None
ABSENT: None
ATTEST:
.H, itzpatrick, City Clerk