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1 ORDINANCE NO. 4239 <br /> 2 <br /> AN ORDINANCE amending Chapter 9.28 of the Everett <br /> 3 City Code by adding sections thereto which prescribe licensing <br /> requirements and equipment for motorcycles, and operators and <br /> 4 riders thereof, and declaring an emergency to exist. (Ord. 3648) <br /> 5 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 6 Section 9.28.010 Operating in a reckless manner - <br /> Unlawful. It shall be unlawful ''or any person to operate a <br /> 7 motorcycle in a reckless manner over and along the public high- <br /> ways of the City of Everett and over, along and upon private or <br /> 8 public property in the City of Everett . For the purpose of this <br /> section, to "operate in a reckless manner" shall be construed to <br /> 9 mean the operation of a motorcycle upon the public highways and <br /> over, along and upon private or public property in the City in <br /> 10 such manner as to indicate either a wilful or wanton disregard <br /> for the safety of persons or property. <br /> 11 Section <br /> 9.28.020 Unham.ered aeration required. <br /> 12 It shall be un aw u for any person o opera e a mo orcyc e <br /> when such person has in his or her embrace another person which <br /> 13 prevents the free and unhampered operation of such motorcycle . <br /> Any person so doing shall be deemed guilty of reckless driving. <br /> 14 Section 9.28.030 Operating at unlawful speed - Prima <br /> 15 facie evidence of reckless iiriving. The unlawful operation of <br /> a motorcycle in excess of the maximum lawful speed permitted by <br /> 16 Chapter 8.24 at the point and under the circumstances of opera- <br /> tion shall be prima facie evidence of reckless driving by the <br /> 17 operator thereof. <br /> 18 Section 9.28.040 Operating in a negligent manner - <br /> Defined - Unlawful. It shall be unlawful icor any person to <br /> 19 operate a motorcycle in a negligent manner over and along the <br /> public highways, streets and alleys of this City and over, along <br /> 20 and upon private or public property in this City. For the pur- <br /> pose of this section, to operate in a negligent manner" shall <br /> 21 be construed to mean the operation of a motorcycle upon the public <br /> highways, streets or alleys of this City and over, along and upon <br /> 22 private or public property in this City in such a manner as to <br /> endanger or be likely to endanger any person or property. <br /> 23 Section 9.28.050 Operating in a negligent manner <br /> 24 deemed lesser of `ense than reckless operating. The offense <br /> of operating a motorcycle in a negligent manner shall be con- <br /> 25 sidered to be a lesser offense than, but included in, the offense <br /> of operating a motorcycle in a reckless manner, and any person <br /> 26 charged with operating a motorcycle in a reckless manner may be <br /> convicted of the lesser offense of operating a motorcycle in a <br /> 27 negligent manner. <br /> 28 Section 9.28.060 Definitions . "Motorcycle" means <br /> every motor vehicle having a saddle for the use of the rider <br /> and designed to travel on not more than three wheels in contact <br /> 29 with the ground, excluding a farm tractor. The term "motorcycle" <br /> 30 shall include, but not be limited to, all motor-driven cycles, <br /> including every motor scooter, with a motor, which produces not <br /> 31 to exceed five-brake horsepower (developed by arime mover as <br /> measured by a brake applied to the driving shaft) , and every <br /> 32 bicycle with motor attached. <br />