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HomeMy WebLinkAbout91-2879-5 6 MOTORCYCLESIALL TERRAIN VEHICLES (ATV) ORDINANCE NO. 91-2879 F ``...,,, AN ORDINANCE AMENDING SECTION 23-286 OF THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW SO AS TO REVISE THE REQUIREMENTS WITH RESPECT. TO THE OPERATION OF MOTORCYCLES AND. ALL TERRAIN VEHICLES IN THE CITY OF PLAINVIEW AS HEREINAFTER SET FORTH IN THE BODY OF THIS ORDINANCE; CONTAINING A SAVINGS. CLAUSE AND. A PENALTY CLAUSE; AND PROVIDING FOR'. PUBLICATION. WHEREAS, .the City.. Council of the City of Plainview finds it would be to the best public interest of the health, safety, and general. welfare of the Citizens of the City of Plainview and work- for better preservation of public and private property in the City of Plainview to revise Motorcycle and All Terrain Vehicle Operation Regulations . NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Plainview that: Section 1. That .Section 23-286 of the Code of Ordinances of the City of Plainview is hereby. amended in its entirety to read hereinafter as follows Section 23-286. Riding Motorcycles and All Terrain Vehicles (ATV) -Generally ~"` (a) A person operating a motorcycle or ATV shall not ride other ~\~ ) than upon the permanent and regular seat attached thereto or carry any other person, nor shall any other person ride upon such motorcycle or ATV .other than upon a firmly attached seat to the rear or side of the operator. An All Terrain Vehicle (ATV) as defined in V . T . C . S . Art . 6675a-1(w) is as follows : "All Terrain Vehicle" means any motor vehicle having a saddle for the use of the rider, designed to propel itself :with three. or four tires in contact with the ground, designed by the manufacturer for off-highway use by the operator only, and not designed by the manufacturer for farming or lawn care. (b) It shall be unlawful for any person to ride a motorcycle or ATV on or over any public sidewalk, any paved or unpaved public property along a street and behind the curb, any unpaved public shoulder or a public road, any utility easement, any other public property except upon public roadways. and alleys, officially designated motorcycle and .ATV trails , and other areas designated and designed for vehicular traffic; or any private property within the City of Plainview without the prior written consent of the owner of such property or the owner's.. agent carried on the person of such operator at the. time and place of such operation. Provided further that it shall be an affirmative defense in a prosecution under this sub-section that the defendant was operating a motorcycle or /~"`" ATV on private property with the prior written consent of the owner `~~ 1of2 of such property or the. orwner's agent and introduced before the ~~ Court on prosecution of the defendant. Section 2. That should any Section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid .for any reason,. the :remainder of ;this, Ordinance shall not be affected thereby. Section 3. .That any person, 'firm or corporation violating the terms of the aforesaid Section.. 23-186 as hereinafter` amended shall, upon conviction, be fined any sum not to exceed TWO HUNDRED ($200.00) DOLLARS. Section 4. That the City Secretary is authorized and directed to cause the publication of the descriptive caption of this Ordinance together with the penalty provision as an alternative method- of publication as provided by law. PASSED AND APPROVED this .the 10th day of September, 1991 ~~ ,~ E. Ridlehuber, Mayor ATTEST: ~~ Karen- McBeth, City Secretary APPROVED AS TD CONTENT Roy Osb me D .rector of Public Safety _.. 2 of 2 57 5 MOTORCYCLESIALL TERRAIN VEHICLES _(ATV} ORDINANCE NO,. 91-2879 AN ORDINANCE AMENDING SECTIC)N 23-286. OF THE CODE OF ORDINANCES OF THE CITY OF PLAINVIEW SO AS TO REVISE THE REQUIREMENTS WITH RESPECT TO THE OPERATION OF MOTORCYCLES AND ALL TERRAIN VEHICLES IN THE CITY OF PLAINVIEW AS HEREINAFTER SET FORTH IN .THE BODY OF THIS ORDINANCE; ; CONTAINING A SAVINGS CLAUSE AND A PENALTY, CLAUSE;.... AND PROVIDING FtQR PUBLICATION. WHEREAS, the City Council of the .City of Plainview finds it would be to the best public .interest of the ..health,. safety,. and general welfare of the Citizens of the -City : of Plainview .and .work for better ..preservation of public and private property in the.: City , of Plainview to revise Motorcycle.: and All Terrain Vehicle Operation Regulations.. NOW., THEREFORE. BE IT ,ORDAINED by the City Council.. of the. City pf Plainview that Section 1. That Section- 23-286 of the Code of Ordinances of the City of Plainview is hereby ar_iended in its entirety to read hereinafter as follows Section 23-286. Riding. Motorcycles and All Terrain Vehicles (ATV) -Generally (a) A person operating a .motorcycle. or ATV shall .not ride. other than upon the permanent and regular seat attached thereto or carry .any other person, nor shall any other person ride upon such motorcycle or ATV other than upon a firmly attached seat to the rear or side of the operator . An All Terrain. Vehicle (ATV) as defined in V . T . C . S . Art. 6675a-1(w) is as follows : "All Terrain Vehicle" means any motor vehicle having a saddle for the use of the rider, designed to propel itself with three or four tires in contact with the ground, designed,by the manufacturer for off-highway ;use by .the operator only, and not designed by the manufacturer for farming or lawn care. (b) It shall be unlawful -for any person to ride a motorcycle or ATV on or over any public sidewalk, any paved or unpaved. public property along a street and behind the curb, any. unpaved public shoulder or a public road, any. utility easement, any other public property except upon public roadways and alleys , officially designated motorcycle and ATV trails, and other areas designated and designed for vehicular traffic; or any private property .within the City of Plainview without the prior written consent of the owner of such property or the owner's agent carried on the person of .such operator at the time .and.. place of such .operation. Provided further that it shall be an affirmative defense in a prosecution under this sub-section that the defendant was operating. a motorcycle or ATV on private property with the prior written consent of the owner 1of2 i ~`, ~~~ _3 of such property or the owner's .agent and introduced before the ;~ ' Court on prosecution of the defendant.. Section 2. That should any Section, paragraph; sentence,. clause,. .phrase ar word. of this Ordinance be declared unconstitutional or invalid for any reason, the remainder ' of this Ordinance shall not be affected thereby. Section 3. That anp person, firm or corporation violating the terms of the aforesaid Section 23-186 as- hereinafter amended shall, upon. conviction, be fined -any sum not' to exceed TWO HUNDRED ($200.00) DOLLARS . Section 4. That the City Secretary. is authorized and directed to cause the publication of the descriptive caption of this Ordinance together with the .penalty provision as an alternative method of publication as provided by law. PASSED AND APPROVED this the fOth day of September, 1991 E.V. 'Ridlehuber, Mayor ATTEST: " _~ ~ Kargn McBeth, City Secretary, APPROVED AS TO CONTENT: i i Roy Osborne, Director of Public Safety ~~ , 2of2 ~ ,_ ,