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HomeMy WebLinkAbout1988-12-06; City Council; 9762; Regulation of off road vehicles- C’Y OF CARLSBAD - AGEh ,/A BILL AB# yy MTG. J- DEPT. CA TITLE: REGULATION OF OFF ROAD VEHICLES DEPT. HD. CITY ATTa CITY MGW- RECOMMENDED ACTION: Introduce Ordinance No. dse4f . ITEM EXPLANATION The Police Department has been experiencing an increasing number of complaints by residents in the Lake Calavera Hills area resulting from the driving of recreational vehicles off road in that area. Presently, the municipal code prohibits driving or leaving any vehicle on private property without the written permission of the owner. It does not expressly prohibit driving or leaving a vehicle on unimproved public property. Much of the land surrounding Lake Calavera is public property owned by the City of Carlsbad. This amendment to the existing ordinance would prohibit the driving or leaving of vehicles on unimproved public property except in those areas specifically designated by the City Manager. FISCAL IMPACT There may be a slight increase in the number of citations issued but since no additional officers or personnel are required the fiscal impact will be minimal. EXHIBIT Ordinance No. d5-4f c 1 2 E 9 1c 11 12 0 k 18 19 20 21 22 23 24 25 26 27 28 0 ORDINANCE NO. NS-48 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY CHAPTER 8.28 OF TEE CARLSBAD MUNICIPAL CODE RELATING TO MOTOR VEHICLES ON PRIVATE PROPERTY OF CARLSBAD, CALIFORNIA AMENDING TITLE 8, The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 8, Chapter 2.28 of the Carlsbad Municipal Code is amended by the amendment of Section 8.28.040 to read as follows: "8.28.040 Driving motor vehicles on private or unimproved public property prohibited. (a) It is unlawful for any person to operate or drive or leave any vehicle, in, over, or upon any private property or unimproved public property not designated for the use of motorized vehicles without the written permission of the owner thereof, or the person entitled to the immediate possession thereof, or the authorized agent of either. (b) Whenever any person is stopped by a peace officer pursuant to this section, he shall, upon the request of such peace officer, display said written permission. (c) The City Manager may designate certain areas of unimproved public property suitable for use by vehicles upon the advice of the Police Chief and City Engineer. Such areas will be clearly designated by appropriate signs. (d) This section does not apply to vehicles owned by a public entity or utility company when used in the course of business. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 6th day of December , 1988, and thereafter, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 13th day of December I 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larso. NOES: None APPROVED AS TO FORM AND LEGALITY ATTEST: ALETHA L. RAUTENKRANZ, City8lerk