§ 9.40.170. Unlawful operation; impoundment as public nuisance.

A.

No person may drive, operate, stop or move a motorcycle or motor-driven cycle in the following ways, which are declared to be unsafe and unlawful:

1.

In any municipal park, recreation area or other municipally owned area unless specifically designated by the municipal traffic engineer for use by motorcycles, or upon any public sidewalk, bikepath or recreational trail not specifically designated for use by motorcycles.

2.

On private property of another without the express permission to do so by the owner or occupant of the property. Such permission shall be in writing, carried by the operator of such motorcycle or motor-driven cycle, and displayed upon demand of a peace officer or other competent authority. Nothing in this subsection shall be construed to limit the power of the municipality to exercise procedures and remedies set forth in any other provision of this Code.

3.

So as to knowingly or intentionally chase, run over or kill any animal.

4.

In violation of section 9.44.330.

B.

A motorcycle operated in violation of subsection A.1, A.2 and A.3 of this section is a public nuisance. A motorcycle found constituting a public nuisance under this chapter shall be impounded immediately by the police department. The police department shall release an impounded motorcycle only upon proof of ownership, payment in full or reasonable charges for storage and towing, and the posting of suitable bond approved by a judge of the district court as surety for court appearance when such bond is required; provided, however, that nothing within this chapter shall be construed as limiting the power of a police officer or other municipal official who is acting within an official capacity to impound a motorcycle under the following circumstances:

1.

When the operator or owner of the machine has been arrested; and

2.

When the impoundment is reasonably necessary to protect the motorcycle from theft, damage, vandalism or similar circumstances.

(CAC 9.40.170; AO No. 78-72; AO No. 89-52; AO No. 2011-113(S), § 118, 11-22-11, eff. 12-22-11)