Chapter 10.28 OPERATION OF OFF-HIGHWAY VEHICLES

10.28.010 Purpose.

10.28.020 Definitions.

10.28.030 Prohibition--Limited operation.

10.28.035 Exemptions.

10.28.040 Prohibition of operation on county property.

10.28.050 Motor vehicle prohibition.


10.28.010 Purpose.

The purpose of this chapter is to regulate the operation of off-highway vehicles within residential areas within the unincorporated area of the county. Unregulated operation of off-highway vehicles in residential areas results in the creation of dust and the generation of noise which disturbs the peace and quiet and threatens the welfare of the residents within the residential area. Unregulated operation further creates traffic hazards to other vehicles, pedestrians and the operators themselves. The intent of this chapter is to prohibit the operation of off-highway vehicles in residential areas and to encourage their operation in areas set aside for such use. (Ord. 476 § 1(part), 1983).

10.28.020 Definitions.

The following definitions apply within this chapter:
“Off-highway vehicle” means and includes motorcycles, sand buggies, dune buggies, all-terrain vehicles, jeeps, mopeds, mini bikes, go-carts, and any vehicle not registered pursuant to Section 4000 of the California Vehicle Code. “Off-highway vehicle” does not include self-propelled lawnmowers, garden shredder composters, tractors or any self-propelled farm implement, equipment or machinery.
“Residentially zoned area” means any parcel defined within Chapters 18.12, 18.14, 18.16, 18.18, 18.20, 18.22, 18.24 or 18.26 of this code.
“Street” means county road or right-of-way.
(Ord. 476F § 1, 2006: Ord. 476A, 1985: Ord. 476 § 1(part), 1983).

10.28.030 Prohibition--Limited operation.

No person shall operate an off-highway vehicle within a residentially zoned area except as follows:
A. An off-highway vehicle may be operated in a residentially zoned area only for parking or storing that vehicle on a lot or removing that vehicle from the lot for operation outside the confines of the residentially zoned area.
B. An off-highway vehicle may be operated for a period no longer than fifteen minutes between the hours of eight a.m. and eight p.m. for the purpose of maintenance and repair of the vehicle within a residentially zoned area.
C. No person shall operate any off-highway vehicle on any place so as to disturb the peace or quiet of any neighborhood or person by noise, dust, smoke, or fumes caused by such off-highway vehicles.
D. Two-cycle off-highway vehicles shall not be used in any residentially zoned area for recreational use.
E. This section does not apply to any act prohibited by Section 372 of the California Penal Code, or to any act that is prohibited or expressly permitted by any state statute. (Ord. 476F § 2, 2006: Ord. 476 § 1(part), 1983).

10.28.035 Exemptions.

A. This chapter shall not apply to the use of off-highway vehicles with four-cycle engines for agricultural purposes, vehicles used for grading or construction purposes, off-highway four-cycle vehicles used solely for property maintenance within a residentially zoned area, four-cycle vehicles used for governmental purposes, or four-cycle vehicles used for maintenance purposes on public or private properties.
B. This chapter shall not apply to the operation of off-highway vehicles upon property used for raceways or vehicle racing facilities in accordance with a license or permit issued by the county of Madera for operation of a raceway or vehicle racing facility.
C. This chapter shall not apply to off-highway four-cycle vehicles that are used in nonresidentially zoned areas, unless the land on which the vehicles are used is immediately adjacent and contiguous to a residentially zoned area, except if the vehicle is defined by subsection A of this section.
D. All vehicles described in subsections A and C of this section shall not produce noise in excess of the maximum limits of Section 27201 of the California Vehicle Code, and must maintain muffler and exhaust systems as specified by Section 27150 of the California Vehicle Code.
E. Nothing in this chapter prohibits the operation on any street of an off-highway vehicle for which a valid vehicle license has been issued by the Department of Motor Vehicles for operating on streets pursuant to Section 4000 of the California Vehicle Code, unless otherwise prohibited by this chapter or state law. (Ord. 476F § 3, 2006).

10.28.040 Prohibition of operation on county property.

A. No off-highway vehicle shall be operated on any property owned by the county unless the prior written permission is received for such operation from the county road department.
B. Notice of this prohibition on operation upon county property shall be posted at the entrance and exit of the property. (Ord. 476 § 1(part), 1983).

10.28.050 Motor vehicle prohibition.

A. 1. No person shall drive a motor vehicle including, but not limited to, motorcycles, motor-driven cycles or off-road vehicles, as defined in this code and the California Vehicle Code, on the banks or bed of:
a. The Fresno River;
b. Ash Slough, between State Route 99 and Road 13;
c. Berenda Slough, between the railroad trestle at Chowchilla Blvd., south, to State Route 152; or
d. Dry Creek, between Road 28 1/2 and Road 30.
2. Nothing in this section prohibits the operation of a motor vehicle, on or within the areas described above:
a. By a landowner on or within his own real property;
b. By a person having the express consent of the landowner and operating on or within the landowner’s real property;
c. In connection with ingress and egress by an irrigation district, water district, or flood control agency, or their duly authorized contractors, required for the maintenance of such areas.
B. 1. Except as otherwise provided herein, no person shall drive a motor vehicle, including, but not limited to, motorcycles, motor-driven cycles, or off-road vehicles, as defined in this code and in the California Vehicle Code, or a bicycle, on the bed of Bass Lake.
2. Nothing in this section prohibits the operation of a motor vehicle or bicycle on the bed of Bass Lake in connection with:
a. The launching of watercraft in appropriately designated areas;
b. Construction and maintenance projects which have been approved by Pacific Gas and Electric Company (or its successor) and have obtained all of the required local, state and federal permits;
c. Ingress and egress by Pacific Gas and Electric Company (or its successor), or its duly authorized contractors, required for the operation and maintenance of the Crane Valley Hydroelectric Project;
d. Ingress and egress required in response to emergency medical situations.
C. Notice of this prohibition shall be posted at regular access points to the Fresno River, Ash Slough, Bass Lake, Berenda Slough and Dry Creek. (Ord. 476-E § 1, 1993: Ord. 476-D § 1, 1992: Ord. 476-C § 1, 1991: Ord. 476-B § 1, 1986).