§ 4-2.17. Motorcycles and Off-Highway Motor Vehicles.

(a)

The City Council finds that the driving, riding and use of motorcycles, motor-driven cycles or off-highway motor vehicles on public and private property within the limits of the City of Modesto is and can be the cause of noise and dust and of the destruction of plants, landscaping and other personal and real property, which conduct adversely affects the comfort and privacy of occupants and residents of the City of Modesto. Because said conduct may be intermittent, fleeting, moving and/or caused by persons who are minors, the noise and public nuisance provisions of this Code, as well as other legal remedies, are inadequate to control said conduct and its adverse effect. The provisions of this section relating to the regulation of motorcycles, motor-driven cycles, or off-highway motor vehicles are therefore necessary for the public welfare.

(1)

The City Council declares that the purpose of this section is to exercise the general police power in order to protect the enjoyment and use of public and private property, to protect the rights of privacy, to preserve property and personal values, and to promote peace and quiet within the City of Modesto by regulating the use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the City of Modesto.

(2)

This section shall not apply to the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway motor vehicles on streets and highways or in other areas which are specifically governed or preempted by the Vehicle Code or any other statutes of the State of California.

(b)

Use. It shall be unlawful for any person to drive, ride, or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in Sections 400, 405, and 38012 respectively of the Vehicle Code of the State of California, including but not limited to motor scooters, motor bikes and mini-bikes, upon any public or private property which is not a public street or highway, or a private street approved by the City, except that this subsection shall not apply in any of the following instances:

(1)

Where such vehicle is being driven, ridden, or used upon property by the owner, resident or occupant of such property, or by an authorized visitor, when such visitor is accompanied by or has written authorization in his possession from the owner, resident or occupant of such property.

(2)

Where such use is permitted pursuant to an un-classified use permit or otherwise in accordance with the zoning regulations of the City of Modesto.

(c)

Mufflers. It shall be unlawful for any person to drive, ride or use a motorcycle, motor-driven cycle, or off-highway motor vehicle, as such vehicles are defined in Section 400, 405, and 38012 respectively of the Vehicle Code of the State of California, including but not limited to motor scooters, motor bikes and mini-bikes, upon any public or private property which is not a public street or highway, or a private street approved by the City, unless said motorcycle, motor-driven cycle, or off-highway motor vehicle is at all times equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of Section 38280 of the Vehicle Code of the State of California, as the same now exists or may hereafter be amended, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

(d)

Other Regulations. The regulations contained herein do not supersede or preclude the enforcement of the noise regulations, zoning regulations or any other regulations contained in this Code which are applicable to any conduct regulated hereby.

(Ord. 1478-C.S., effective 11-22-75)