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HomeMy WebLinkAbout1984-01-05 (W • • ORDINANCE NO. AN ORDINANCE PROHIBITING THE TRAFFIC AND USF OF THREE WHEELED ALL TERRAIN MOTORCYCLES UPON THE STREETS AN r HIGHWAYS WITHIN THE CITY LIMITS AND PROHIBITING SUCH TRAFFIC AND USE UPON PUBLIC PROPERTY; PROVIDING PENALTIES FOR VIOLATION THEREOF; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES : BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS AS FOLLOWS : Section 1. It shall be unlawful for any person to drive, operate, ride or otherwise use any three wheeled vehicle all terrain motor- cycle or other similar vehicle upon the streets and highways of the City of Batesville , Arkansas . Section 2 . That it shall be unlawful for any person to drive, operate, ride or use any three wheeled vehicle all terrain motor- cycle or other similar vehicle upon publicly owned property with- in the City of Batesville, Arkansas without the express consent of the governmental body, organization, agency or entity being the owner thereof. Section 3. Any person violating Sections 1 or 2 of this Ordinance • shall be guilty of a violation and shall be fined in an amount not to exceed $100 . 00 . Section 4. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. That if any part or parts of this ordinance should be declared unconstitutional or otherwise unlawful by any court of competent jurisdiction, then that part or parts of this ordinance shall be deemed to have been severed from this ordinance and the remaining portions thereof shall remain in full force and effect as if the part or parts of the ordinance so declared unconstitu- tional or unlawful were never a part thereof. Section 6 . EMERGENCY CLAUSE : The City Council of the City of Batesville, Arkansas finds that three wheeled vehicle all terrain motorcycles and other similar vehicles , due to their design and equipment are dangerous both to the operator thereof and other persons upon the public way and further .finds that said vehicles are responsible for much damage to the public ways , private prop- erty and public property, and declares that this ordinance is necessary to protect the health, welfare and safety of the citi- zens of Batesville and an emergency is hereby declared and this ordinance shall be in full force and effect from and after this date. Passed and adopted this day of 1984. APPROVED: 'Jim Shirrel Mayor ATTEST : Larry Williams , City Clerk