HomeMy WebLinkAboutO-1006ORDINANCE NUMBER /00&
AN ORDINANCE TO PROMOTE THE PUBLIC SAFETY AND WELFARE
BY CONTROLLING THE USE AND OPERATION OF CERTAIN WHEELED
VEHICLES WITHIN AND UPON THE PUBLIC RECREATIONAL PARK
LANDS AT THE VOLANTA AVENUE PARK.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section 1. Definitions:
For purposes of this ordinance, the following terms shall
be defined as follows:
Lands affected: Recreational lands of the City of
Fairhope, lying north of Volanta Avenue and west of Greeno
Road, known as Volanta Municipal Recreation Park;
Wheeled vehicle: Any device designed, intended and used
for the purpose of transporting one or more persons over
land, whether or not such vehicle is motorized; includes
all rider -propelled devices.
Motor vehicle: Any wheeled vehicle which is powered by
a hydrocarbon or electric powered engine and which is
designed, intended and used for the transport of persons
or goods over land; includes passenger vehicles, trucks,
mopeds, and motorcycles, which are licensed for operation
on public streets.
Recreational vehicle: Any device propelled by a
hydrocarbon or electric powered engine for recreational
use, which term shall include all go-karts,
three-wheelers, four -wheelers, dirtbikes and similar type
devices, whether or not licensed for public street use.
Rider -propelled vehicle: Any device propelled by the
action of the rider; includes roller skates, skateboards
of whatever type or design, and similar type devices.
Section 2. Prohibited vehicles:
During the hours the park is closed, use of all vehicles,
except bicycles, is prohibited within or upon the said
park lands. Use of recreational vehicles and rider -
propelled vehicles, except bicycles, is prohibited at all.
times, whether or not the park is open. Provided,
however, that city -owned vehicles or those of city
Y contractors shall be permitted access necessary for
ordinary maintenance and operation of the park facilities.
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Section 3: Restricted operation:
a, During the hours the park is open, the operation of motor
vehicles upon the access roads and parking areas is
permitted subject to the city's traffic control.
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Section 4. Penalties:
Any person operating any wheeled vehicle upon the park lands in
violation of any provision herein shall be subject to arrest for
violation of this ordinance and, upon conviction of a first
offense, shall be subject to a fine of not less than Two Hundred
Dollars, ($200.00), or a jail sentence of not less than ten (10)
days, or both at the discretion of the municipal court. Second
or subsequent convictions shall carry a fine of not less than
Two Hundred Dollars, ($200.00), nor more than Five Hundred Dollars
($500.00), and a jail sentence of not less than thirty (30) days
nor more than six (6) months.
Where the violator is a juvenile as defined by the Code of Alabama,
1975, the parent/s, guardian, or person having lawful charge or
custody of the juvenile shall be subject to the fines.and sentences
provided hereinabove.
Section 5. Exception:
The provisions of this ordinance shall not apply to vehicles of
persons with physical disabilities.
Section 6. Separability and Validity
Each part and each provision of this ordinance is severable from
all other parts or provisions. Should any part of provision thereof
be declared by the courts to be unconstitutional or invalid, such
declaration shall not affect any other part or provision of this
ordinance.
Section 7. Effective Date
This ordinance shall take effect upon its due adoption and publi-
cation as required by law.
ADOPTED THIS 24TH DAY OF FEBRUARY, 1997.
Attest
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