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HomeMy WebLinkAboutTC Ord 1967-03-13 (3) ORDINANCE NO. 76 AN ORDINANCE OF THE CITY OF TIBURON PROHIBITING THE OPERATION OF MOTORCYCLES ON UNIMPROVED ROADS WITHOUT A PERMIT AND PROVIDING FOR PENALTIES FOR VIOLATIONS The City Council of the City of Tiburon does ordain as follows: Section 1. FINDINGS. The City Council of the City of Tiburon finds that certain portions of the City, particularly the hill areas during the summer and fall seasons, are particularly exposed to the dangers created by uncontrolled fires. The City Counci~ fu~ther fi~~s that the unregulated operation of motorcycles on open h1lls1des with1n the City exposes the residents of the City to an excessive and unneces- sary danger from fire. The City Council adopts this ordin~n~e for the purpose of eliminating, or controlling, the hazardous cond1t1on created as aforesaid. Section 2. DEFINITIONS. The following words when used in this ordinance are det~ned as follows: (a) A 1tmotorcycle" is any motor vehicle other than a tractor having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than one thousand five hundred (1,500) pounds. "Motorcycletl includes every motor scooter, with a motor which pro- duces less than fifteen gross brake horsepower, and every bicycle with motor attached. For purposes of this definition, a Itmotor ve- hicle" is a vehicle which is self-propelled. (b) An "unimproved roadlt shall mean any road, right-of- way, path, trail, clearing, graded area, or land, which is not sur- faced with cement, concrete, asphaltic concrete, macadam, or other si- milar ,material, or which does not have a hard surface made up of a mixture of rock, sand or gravel bound together with an artificial binder other than natural soil. Section 3. PERMIT REQUIRED. It shall be unlawful for any per- son or persons to operate any motorcycle, other than a publicly owned motorcycle, on, over or across any unimproved road without having first obtained a permit. Permits shall be issued by the City Manager of the City of Tiburon upon a determination that (a) the owner or owners of said real property concerned, or the person or persons in lawful possession thereof, have consented in writing to the proposed motorcycle operation, and (b) the appropriate fire officials concerned have certified that such proposed operation will not create any undue fire hazard by reason of the nature of the vehicle or the proposed operation thereof. Each permit so issued shall specify the effective date or dates for which the permit is valid and shall further specify the area or areas of permitted operation. The permit is not, and shall so state on its face, an expression by the City that such pro- posed operation can be done with safety to the operator or other per- Sons or property, all of which said risks are assumed by the appli- cant or other responsible persons. This Section shall not apply to the owner or person in lawful possession of the said unimproved road. Section 4. APPEAL. Any person whose application for a permit is denied may appeal such decision to the City Council by filing a written notice of appeal within ten (10) days after notification by the City Manager that said permit has been denied. The City Council shall thereupon conduct a hearing on said appeal within thirty (30) days from the date of filing said notice of appeal with the City Clerk. The decision of the City Council shall be final and conclu- sive upon all persons concerned. 2/16/67 1. Section 5. VIOLATIONS - PENALTIES. Any person violating any of the provisions ot th~s ord~nance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be subject to a fine of not less than twenty-five dollars ($25.00) but not exceeding one hundred dollars ($100.00), or imprisonment for a period not to ex- ceed thirty (30) days, or by both said fine and imprisonment. Section 6. SEPARABILITY. If any section, subsection, sen- tence, clause or phrase ot this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of compe- tent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional. Section 7. EFFECTIVE DATE. This ordinance is to take effect and be ~n torce thirty (3U) days after the date of passage, and before the expiration of fifteen (15) days after its passage, the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a meeting of the City Council of the City of Tiburon held on March 13 , 1967, by the following vote: AYES: NOES: ABSENT: Councilmen: Bremer~ Drohan, Fanning, Strawbridge, Hoffmire Councilmen: None Coune i Imen: None . '< '{~'-"'1 // ..""-1 ------'\ Ie ,,< _ . _ < MayO;O~~ ~he Hgr~~i'T~~ron 2/16/67 2.