Eagles Bluff – Canada Hills Village 14 Homeowners Association
Resolution #2005-01 Motorized Vehicles, Motorized Skateboards and Motorized Play Vehicles – Prohibitions
WHEREAS, the Subject Properties in the Eagles Bluff – Canada Hills Village 14 Homeowners Association are under jurisdiction of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for the Association; and
WHEREAS, Covenants, Conditions and Restrictions (CC&Rs) of the Eagles Bluff – Canada Hills Village 14 Homeowners Association, recorded at Docket 9607 at Page 2275, states that the Board of Directors shall have the power to adopt and publish rules and regulations governing the use of the Common Areas and facilities; and
WHEREAS, the Board of Directors desires to revise the policy as it applies to conditional use of the common area; and
WHEREAS, the Board of Directors has followed its own standards and procedures, which are both fair and reasonable; and
WHEREAS, the Board of Directors rendered this decision in good faith, and in a manner which is neither discriminatory nor capricious.
THIS RESOLUTION pertains to clarification of Article V, Section 5.02 Conditional Use of Common Area, of the Covenants, Conditions and Restrictions (CC&Rs).
THEREBY, GOOD CAUSE EXISTING, IT IS HEREBY RESOLVED:
A. Purpose and Intent. The state has granted municipalities and property owners express authority to regulate or prohibit the operation of motorized skateboards and motorized play vehicles. Whether the mayor and council find it is in the public interest to prohibit the operation of motorized skateboards and motorized play vehicles within the Town of Oro Valley; it is the purpose and intent of this Rule, to provide for the regulation of motorized vehicles, motorized skateboards, motorized play vehicles and electric personal assistive mobility devices, within the Community of Eagles Bluff – Canada Hills Village 14, in order to protect the safety of pedestrians, bicyclists, motor vehicle drivers and operators of motorized skateboards, motorized play vehicles and electric personal assistive mobility devices alike. The increasing prevalence of these devices and growing concerns about their safe use requires homeowners’ association regulation in order to protect the public safety.
B. Definitions. In this resolution, unless the context otherwise requires:
Motorized play vehicle means a coaster, scooter, any other alternatively fueled device, or other motorized vehicle that is self-propelled by a motor or engine, gas or electric, and which is not otherwise defined in A.R.S. title 28, as a “motor vehicle,” “motorcycle,” “motor-driven cycle,” “motorized wheelchair” or “electric personal assistive mobility device.”
Motorized skateboard means a self-propelled device that has a motor, gas or electric, a deck on which a person may ride and at least two (2) tandem wheels in contact with the ground, and which is not otherwise defined in A.R.S. title 28, as a “motor vehicle,” “motorcycle,” “motor-driven cycle,” “motorized wheelchair” or “electric personal assistive mobility device.”
1. Prohibited Operation.
1.1. No motorized vehicle as defined in A.R.S. title 28, as a “motor vehicle,” “motorcycle,” “motor-driven cycle,” may be operated by an unlicensed driver on any sidewalk, roadway, or any other part of common area property within the Eagles Bluff – Canada Hills Village 14, without the written permission of the Board of Directors.
1.2. No motorized skateboard, motorized play vehicle or electric personal assistive mobility device, may be operated on any sidewalk, roadway, or any other part of common area property within the Eagles Bluff – Canada Hills Village 14, without the written permission of the Board of Directors.
1.3. No person shall operate a motor vehicle, motorized skateboard, motorized play vehicle on any private property in a manner causing excessive, unnecessary, or offensive noise which disturbs the peace and quiet within the community or which causes discomfort or annoyance to a reasonable person of normal sensitivity.
2. Responsibilities of the Owner of the Lot, parents, guardians, and legal custodians.
2.1. The Owner of the Lot, parent, guardian, or legal custodian of any minor shall not authorize or knowingly permit a minor to violate any of the provisions of this rule.
3. Violations
3.1. A violation is deemed as any act that violates the policies or regulations set forth in this resolution. Multiple acts that violate a policy or regulation set forth in this resolution shall result in a violation for each act. Alleged violations committed by the an Owner of the Lot, his or her family, or licensee, tenant or lessee or invitee or agent acting for the Owner of the Lot, will be the sole responsibility of the Owner of the Lot to correct.
3.2. If a fine is imposed upon a minor who is found to be in violation of this rule, the Owner of the Lot, the parents or legal guardian having custody or control of the minor shall be jointly and severally liable with the minor for payment of the fine, whether or not the Owner of the Lot, the parents or guardian knew of, or anticipated, a violation of this rule.
3.3. Application of Traffic Laws – Any unlawful act involving the use of a motorized vehicle, motorize skateboard or motorized play vehicle within the Community of Eagles Bluff – Canada Hills Village 14, shall be additionally punishable as a civil traffic violation pursuant to Section 11-3 of the Oro Valley Town Code.
4. Appeal Process
4.1. The Owner of the Lot may appeal any violation of this resolution, as set forth in Resolution #2003-03 Resolution of the Board of Directors Regarding the Imposition of Fines.
5 – 9. Reserved
10. Additional Documentation and References
10.1. A guide to Motorized Skateboards and Similar Motor Vehicles, Courtesy of the Criminal Division of the Tucson City Attorney’s Office.
10.2. A.R.S. Title 28, Section 28-101 Definitions.
The Board of Directors realizes that circumstances may arise when strict adherence to these regulations may be difficult. Such regulations serve to protect the safety, security, and esthetics of our community.