The text
Sec. 18-401. - Findings and purpose.#
(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 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. Additionally, the increased use of motorized play vehicles including but not limited to miniature motorcycles, motorized scooters and mini bikes on city property constitutes a safety hazard. Because this conduct may be intermittent, fleeting, moving, or caused by persons who are minors, the other provisions of this revision, as well as other legal remedies are inadequate to control this conduct and its adverse effects. The provisions of this article relating to the regulation of motorcycles, motor-driven cycles, or off-highway motor vehicles are therefore necessary for the public welfare.
(b)
The city council declares that the purpose of this section is to exercise the general police power in order to promote public safety, protect the enjoyment and use of public and private property, to protect the right of privacy, to preserve property and personal values, and to promote peace and quiet within the city by regulating the use of motorcycles, motor-driven cycles, or off-highway motor vehicles on public and private property within the city.
(c)
This section shall not apply to the driving, riding, and use of motorcycles, motor-driven cycles, or off-highway vehicles on streets and highways or in other areas which are specifically governed or preempted by the motor vehicle code or any other statutes of the state.
(Rev. Ords. 1987, § 18-401; Ch. 395, § I, 7-11-06)
Sec. 18-402. - 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 G.L. 1956, §§ 31-1-3 and 31-3.2-1 respectively of the motor vehicle code of the state, including but not limited to motor scooters, motorbikes and minibikes, upon any public or private property which is not an improved public street or highway, or an improved private street constructed in accordance with city standards and approved by the city, except that this section 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 tenant of such property, or by an authorized visitor when such visitor is accompanied by or has a written authorization in his possession from the owner, resident or tenant of such property;
(2)
Where such use is permitted pursuant to a use permit or otherwise in accordance with the zoning regulations of the city.
(Rev. Ords. 1987, § 18-402)
Sec. 18-403. - 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 G.L. 1956, §§ 31-1-3 and 31-3.2-1 respectively of the motor vehicle code of the state, including but not limited to motor scooters, motorbikes and minibikes, upon any public or private property which is not an improved public street or highway, or an improved private street constructed in accordance with the city standards and approved by the city, unless the 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 G.L. 1956, §§ 31-23-13 and 31-3.2-8 of the motor vehicle code of the state, as the state statute now exists or may hereafter be amended, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.
(Rev. Ords. 1987, § 18-403)
Sec. 18-404. - Other regulations.#
The regulations contained in this chapter do not supersede or preclude the enforcement of the zoning regulations or any other regulations contained in this Revision which are applicable to any conduct regulated hereby.
(Rev. Ords. 1987, § 18-404)
Sec. 18-405. - Motorized mini-bikes.#
It shall be unlawful for any person to operate a motorized device, including but not limited to miniature motorcycles, motorized scooters, or mini-bikes: (1)
Upon any public property including, but not limited to public streets, sidewalks, school property, playgrounds and parks;
(2)
Upon private property of another without express written permission of the owner or occupant of such property; or
(3)
Upon private property at such times to create unusual noise or danger, which may be a public nuisance or hazard, endangering the quiet, peace, or safety of persons inhabiting nearby residential buildings.
This section specifically excludes registered motorized scooters designed for seated operation, electric personal assistive mobility devices including Segways, motorized wheelchairs and motorized scooters designed for individuals with disabilities, or any other vehicle utilized by a disabled person as his or her only predictable means of transportation.
When a minor operates a motorized device, the minor's legal guardian is liable and legally responsible for all injuries and damages caused by the minor's operation of the motorized device, and for the minor's violation of this section.
Any person convicted of willfully violating this section shall be guilty of an infraction punishable by a fine not to exceed $100.00 and/or a requirement to perform community service for a total time not to exceed 20 hours over a period not to exceed 30 days during times other than his or her hour of school attendance and employment. Each violation shall be a separate infraction.
(Ch. 395, § II, 7-11-06)