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(W <br /> • <br /> • ORDINANCE NO. <br /> AN ORDINANCE PROHIBITING THE TRAFFIC AND USF OF THREE WHEELED ALL <br /> TERRAIN MOTORCYCLES UPON THE STREETS AN r HIGHWAYS WITHIN THE CITY <br /> LIMITS AND PROHIBITING SUCH TRAFFIC AND USE UPON PUBLIC PROPERTY; <br /> PROVIDING PENALTIES FOR VIOLATION THEREOF; DECLARING AN EMERGENCY <br /> AND FOR OTHER PURPOSES : <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, <br /> ARKANSAS AS FOLLOWS : <br /> Section 1. It shall be unlawful for any person to drive, operate, <br /> ride or otherwise use any three wheeled vehicle all terrain motor- <br /> cycle or other similar vehicle upon the streets and highways of <br /> the City of Batesville , Arkansas . <br /> Section 2 . That it shall be unlawful for any person to drive, <br /> operate, ride or use any three wheeled vehicle all terrain motor- <br /> cycle or other similar vehicle upon publicly owned property with- <br /> in the City of Batesville, Arkansas without the express consent <br /> of the governmental body, organization, agency or entity being <br /> the owner thereof. <br /> Section 3. Any person violating Sections 1 or 2 of this Ordinance <br /> • shall be guilty of a violation and shall be fined in an amount not <br /> to exceed $100 . 00 . <br /> Section 4. That all ordinances or parts of ordinances in conflict <br /> herewith are hereby repealed. <br /> Section 5. That if any part or parts of this ordinance should be <br /> declared unconstitutional or otherwise unlawful by any court of <br /> competent jurisdiction, then that part or parts of this ordinance <br /> shall be deemed to have been severed from this ordinance and the <br /> remaining portions thereof shall remain in full force and effect <br /> as if the part or parts of the ordinance so declared unconstitu- <br /> tional or unlawful were never a part thereof. <br /> Section 6 . EMERGENCY CLAUSE : The City Council of the City of <br /> Batesville, Arkansas finds that three wheeled vehicle all terrain <br /> motorcycles and other similar vehicles , due to their design and <br /> equipment are dangerous both to the operator thereof and other <br /> persons upon the public way and further .finds that said vehicles <br /> are responsible for much damage to the public ways , private prop- <br /> erty and public property, and declares that this ordinance is <br /> necessary to protect the health, welfare and safety of the citi- <br /> zens of Batesville and an emergency is hereby declared and this <br /> ordinance shall be in full force and effect from and after this <br /> date. <br /> Passed and adopted this day of 1984. <br /> APPROVED: <br /> 'Jim Shirrel Mayor <br /> ATTEST : <br /> Larry Williams , City Clerk <br />