HomeMy WebLinkAboutO-344ORDINANCE NO. 344
AN ORDINANCE TO REQUIRE EVERY OPERATOR AND/OR PASSENGER
UPON A MOTOR -DRIVEN CYCLE TO WEAR A CRASH HELMET OR SIMILAR
PROTECTIVE HEAD GEAR: TO PREVENT THE OPERATION OF SUCH MOTOR -
DRIVEN CYCLE UPON THE STREETS OF THE CITY OF FAIRHOPE, ALABAMA,
WITHOUT AN OPERATOR'S LICENSE: TO PROVIDE FOR PARENTAL
RESPONSIBILITY FOR VIOLATION OF THIS ORDINANCE: AND TO PROVIDE
PENALTIES FOR VIOLATION HEREOFs
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, AS FOLLOWS:
SECTION ONE. "A motor -driven cycle" for the purposes
of this ordinance shall include every motorcycle weighing,
when fully equipped, less than two hundred (200) pounds,
and every bicycle with motor attached, and every motor scooter;
SECTION TWO: Every driver, operator and passenger riding
upon any motor -driven cycle shall, at all times while riding
upon the same, wear upon his head a crash helmet, or similar
protective head gear, and shall at all times while the motor -
driven cycle is in motion, have shoes on with soles made -of leather,
or similar material.
SECTION THREE: It shall be unlawful for any person to
operate upon the streets and highways in the City of Fairhope,
Alabama, any motor -driven cycle without having first obtained
a driver's license issued under authority of Chapter 2 of
Title 36 of the Recompiled Code of Alabama of 1958 or•an
operator's license as provided by Title 36, Section 131, of the
recompiled Code of Alabama of 1958;
SECTION FOUR: It shall be unlawful for any person under
fourteen (14) years of age to drive or operate a motor -driven
cycle upon the streets or highways of the City of Fairhope,
Alabama;
SECTION FIVE: No person shall drive or operate a motor -
driven cycle upon the streets or hgihways of the City of
Fairhope, Alabama in any manner which violates the provisions
of Title 36, Sections 132-136 inclusive, of the Recompiled
Code of Alabama of 1958;
SECTION SIX: It is unlawful for any person to do any
act forbidden or fail to perform any act required by this
ordinance. The parent of any child and the guardian of any
ward shall not authorize or knowingly permit any such child
or ward to violate any of the provisions of this ordinance;
SECTION SEVEN: Any persons violating any of the provisions
of this ordinance shall, upon conviction, be fined not less
than ONE DOLLAR ($1.00) and not more than ONE HUNDRED DOLLARS
($100.00) or sentenced to hard labor for the City of Fairhope,
Alabama, not exceeding six (6) months, one or both, at the
discretion of the Recorder trying the case;
SECTION EIGHT: All section of this ordinance are hereby
declared to be separable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared un-
constitutional or invalid by the judgmnent or decree of any
court of competent jurisdiction, such ineonstitutionality or
invalidity shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or section of this ordinance.
SECTION NINE: This Ordinance shall take effect immediately
upon its publication and approval, as required by law.
Read, adopted and approved this ��/ day of 1965.
Mayor
Attest:
City Clerk
I, Marie Moore, Clerk of the City of Fairhope, Alabama do hereby
certify that the foregoing Ordinance #344 is a true and correct
copy of Ordinance #344 as adopted by the City Council of the
City of Fairhope, Alabama and duly published as required by law.
Clerk f the City f Fairhope, Ala.