A. Findings And Purpose:
1. The City Council finds that the driving, riding and use of motorcycles, motor driven cycles and off highway motor vehicles on public and private property within the limits of the City is the cause of noise and dust and of the destruction of plants, landscaping and other real and personal property, and the conduct adversely affects the comfort and privacy of the residents of the City. Because the conduct may be intermittent, fleeting, moving or caused by persons who are minors, other provisions of this Code, as well as other legal remedies, are inadequate to control the conduct and its adverse effects. The provisions of this part relating to the regulation of motorcycles, motor driven cycles or off highway motor vehicles are therefore necessary for the public welfare.
2. The City Council declares that the purpose of this part 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, to promote peace and quiet, and to provide management for and promote proper recreational use of motorcycles, motor driven cycles or off highway motor vehicles within the City.
3. This part 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 this Code or the motor vehicle laws of the State of Colorado.
B. Definitions:
PROPERTY: Any public or private property which is not an improved public street or highway, or an improved private street constructed in accord with City standards and approved by the City.
VEHICLE: A motorcycle, motor driven cycle or motor vehicle, as the vehicles are defined in the motor vehicle laws of the State of Colorado, including, but not limited to, motor scooters, motorbikes and minibikes.
C. Prohibited; Exceptions: It is unlawful for any person to drive or ride any vehicle upon any property which is within six hundred sixty feet (660') of a residence or other occupied structure or property authorized for motorcycle use as required herein, except that this subsection shall not apply in the following instances:
1. Where the vehicle is ridden, driven or used upon property by the owner, resident or tenant of the property; and provided that the operation shall not be within six hundred sixty feet (660') of the neighboring residences or occupied structures unless permission has been granted by the neighboring residents or occupants; or
2. Where the vehicle is ridden, driven or used by a visitor when the visitor is accompanied by a copy of a written authorization from the owner or occupant of the property, the original of which has been filed with the City Clerk; and provided that the operation shall not be within six hundred sixty feet (660') of the neighboring residences or occupied structures unless permission has been granted by the neighboring residents or occupants; or
3. Where the use is permitted pursuant to the City's Zoning Code.
D. Muffler Required: It is unlawful for any person to drive, ride or use a vehicle upon any property unless the vehicle is at all times equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of the motor vehicle laws of the State of Colorado, as the same now exist or may hereafter be amended 1 , and no muffler exhaust system shall be equipped with a cutout, bypass or similar device.
E. Other Regulations: The regulations do not supersede or preclude the enforcement of zoning regulations or any other regulations contained in this Code which are applicable to any conduct regulated in this part.
F. Penalty: Every person convicted of a violation of this part shall be punished by a fine not to exceed five hundred dollars ($500.00) for each offense, but shall not be subject to imprisonment or jail sentence. (1968 Code §8-52.1; Ord. 79-63; Ord. 82-164; Ord. 01-42)
Notes
| 1 | 1. CRS 1973 §42-4-225. |