Bill Text: CA SB615 | 2009-2010 | Regular Session | Introduced

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Bill Title: Vehicles: off-highway motor vehicles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB615 Detail]

Download: California-2009-SB615-Introduced.html

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BILL NUMBER: SB 615	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Ashburn

                        FEBRUARY 27, 2009

   An act to add Section 21101.5 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 615, as introduced, Ashburn. Vehicles: off-highway motor
vehicles.
   Existing law prohibits a person from operating an off-highway
vehicle upon a highway. However, off-highway motor vehicles issued an
identification plate or device may cross highways or be driven or
operated on a local highway under specified conditions.
   This bill would authorize a local authority of a city having an
area of at least 200 square miles to adopt rules and regulations, by
ordinance or resolution, to temporarily allow the use of public
streets under its jurisdiction by off-road vehicles for a period of
not more than 18 months if, after a specified public hearing,
specified conditions are found to exist.
   The bill would also authorize the local authority to issue permits
for this purpose and to charge a fee to cover the costs incurred by
the local authority.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21101.5 is added to the Vehicle Code, to read:
   21101.5.  (a) A local authority may, by ordinance or resolution,
adopt rules and regulations for temporarily allowing the use of
public streets by off-road vehicles under its jurisdiction when the
following conditions are, after a public hearing, found to exist:
   (1) The local authority finds and determines there is substantial
and continual off-road vehicle activity in the portion of the street
recommended for temporary off-road vehicle use. This finding and
determination shall be based upon the recommendation of the police
department or, in the case of a street in an unincorporated area, on
the joint recommendation of the sheriff's department and the
Department of the California Highway Patrol.
   (2) The street has not been designated as a through street or
arterial street.
   (3) Off-road vehicle traffic on the street supports substantial
recreational activity and imposes significant burden on local public
safety services.
   (4) The closure will not substantially or adversely affect traffic
flow, safety on the adjacent streets or in the surrounding
neighborhoods, the operation of emergency vehicles, the performance
of municipal or public utility services, or the delivery of freight
by commercial vehicles.
   (b) A street may be temporarily designated for off-road vehicle
use pursuant to subdivision (a) for not more than 18 months, except
that this period may be extended for not more than five additional
consecutive periods of not more than 18 months each if, prior to each
of those extensions, the local authority holds a public hearing and
finds, by ordinance or resolution, the conditions set forth in
subdivision (a) continue to exist.
   (c) The local authority shall mail written notice of the public
hearing required under subdivision (a) or (b) to residents and
owners, as shown on the last equalized assessment roll, of property
adjacent to the portion of the street where a temporary use by
off-road vehicles or extension of temporary use is proposed.
   (d) Regulations adopted under this section may provide for the
issuance of permits to off-road vehicles for the use of the streets.
The local agency may levy a reasonable fee to cover costs incurred by
the agency.
   (e) This section shall apply to cities having an area of at least
200 square miles.