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740 r ' • , .~~ ORDINANCE N0. AN ORDINANCE REGULATING OPERATION OF MOTORCYCLES AND MOTOR-DRIVEN CYCLES ON THE STREETS AND ALLEYS OF THE CITY OF WEST MEMPHIS, ARKANSAS; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST r. MEMPHIS, ARKANSAS: SECTT®I~ 1. DEFINITIONS. For the purposes of this ordinance the following words and phrases shall have the following meaning: (1) "Motor Vehicle or Vehicle" is s motorcycle or motor- driven cycle. (2) "Motorcycle" is every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor. (3) "Motor-driven cycle" is every motorcycle including every motor scooter propelled by a motor which produces not to exceed 5`~ horsepower, and every bicycle with motor attached. (1~.) "Operator" is every person who drives or is in actual physical control of a motor vehicle upon a street or who is • exercising control of or steering a vehicle being towed by a motor vehicle. (5) "Racing of Motor" is sudden acceleration or deceler- ation of the motor of a motor cycle or motor-driven cycle. (6) "Stunting" is operating a vehicle in a manner causing it to weave or suddenly change course, or the loss of body contact with the seat by a driver or passenger, and not for the purpose of safe operation of such vehicle. (7) "Turing" is any repetitious driving in the same area which causes a disturbance or is done with the intent of calling attention to an operator of a motorcycle or motor-driven cycle. (2) SECTION 2. Operation of Motorcyles or Motor-Driven Cycles IIpon a Public Street or Alley. It shall be unlawful for any parson, corporation, partnership or other legal entity to operate or cause to be operated a motor-driven cycle upon any street or alley of the corporate limits of the City of West Memphis, Arkansas, except in compliance with the following: (1) The operator of such vehicle shall have in his or her possession a valid driver's license issued by the State of Arkansas (or if such operator is a non-resident, such operator shall have in his or her possession evidence of a non-resident's operating license) and which has not been suspended, limited or cancelled. (2) Such vehicle and operator shall at such time of operation be in compliance and fn accordance with the standards and rules fixed by the Motor Vehicle haws ofthegtate of Arkansas and by ordinances of the City of West Memphis, Arkansas. (3) gush vehicle shall be equipped with an exhaust system in good working order, sufficient to prevent excessive or unusual noises; and no such vehicle shall be equipped with any muffler cut-out, removable exhaust pipe cover, or any by-pass in a muffler, or. any xuffler from which the baffle plates, screens, or other original internal parts have been removed or altered, nor shall any such vehicle be equipped with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the exhaust system originally installed on the vehicle, nor shall such vehicle be equipped with an exhaust system which has been modified or altered in any way from that furnished by the (3) vehicle manufacturer; provided, however, that equipment equivalent to that originally installed may be substituted when parts are replaced. (4) No motorcycle or motor-driven cycle shall be operated in such manner that it carries more than one (1) passenger in addition to the operator; nor shall it b® operated in any manner that places a passenger in front of the operator. (5) No more than two motorcycles or motor-driven cyalea shall be operated side by side in any one lane of traffic upon any street or alley. (6) No motor cycle or motor-driven cycle shall be operated in any manner so as to cause a disturbance in any area of the city, Touring, stunting, or racing of motors are prohibited in any hospital or nursing home area, and in residential areas. (?) No operator of a motorcycle or motor-driven cycle shall engage in maneuvers, stunting or other operations dangers to himself or his passenger or to the persons or property of others; and except when done for the better control of a vehicle, #.n emergencies or to maneuver rough passages of a street, an operator must at all times keep body contact with the saddle or seat of such vehicle. (8) No person shall operate a motorcycle or motor-driven cycle having handle-grips more than fifteen (15) inches higher than the saddle. SECTION 3• No person shall operate a motorcycle or motor- driven cycle upon the streets or alleys of the City of West Memphis, Arkansas, at a speed in excess of the permissible speed limits as are posted by signs located in and throughout the City. .' ,. ~~) SECTION l~.. Any person, corporation, partnership or other -- legal entity violating any of the terms or provisions of this ordinance shall, upon conviction thereof, be punished by a fine ~. of not exceeding $100.00. SECTION ~. Whereas, the excessive noise emitted from motor- cycles and motor-driven cycles, and the reckless driving of motor- cycles and motor-driven cycles on the streets of the City of West Memphis has become a hazard to the public peace, health and safety, this ordinance is declared necessary for the preservation of the public peace, health, safety and xelfare of the people of West~'Memphis, Arkansas, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from'and after its passage and publication. Adopted this _~day of ~Dy~~i-i ,~~ /Z , 1972. e~ ATTEST s C TTY C MAYOR ~-