Ordinance 3649 - Laserfiche WebLink

Upon the first conviction for the violation of the provisions of this section the court shall impose a fine of not less than fifty dollars ($50.00) or more than five hundred dollars (S500.00) and not less than five (5) days or more than one (1) year in jail, and shall, in addition thereto, suspend the operator ' s License of such person for not less than thirty (30) days . Upon second conviction for a violation of the provisions of this section within a period of five years, the court shall impose a fine of not less than one hundred dollars ( `'100.00) or more than one thousand dollars 01000.00 and not less than thirty ( 30) days or more than one 1) year in the city jail, and neither the fine nor the jail sentence so imposed shall be suspended, and shall, in addition thereto, suspend the operator ' s license of such person for not less than sixty (60) days after the termination of such jail sentence. Upon any subsequent conviction for a violation of the provisions of this section within a period of five years, the court shall impose a fine of not less than one hundred dollars ( 100.00) or more than one thousand dollars ( $1000.00) and not less than thirty ( 30) days or more than one (1) year in the city jail, and neither the fine nor the jail sentence so imposed shall be suspended, and shall, in addition thereto, revoke the operator ' s license. In any case provided for in this section where a driver' s license is to be revoked or suspended, such revocation or suspension shall be stayed and shall not take effect until after the determination of any appeal from the conviction which may lawfully be taken, but in case such conviction is sustained on appeal such revocation or suspension shall take effect as of the date that the conviction becomes effective for other purposes, it being the intent and purpose of this section that licenses shall remain in full force and effect during the period that any appeal is pending. Section 5 : That Section 118 of Ordinance No. 3211 be, and the same is hereby amended to read as follows : Section 118: RECKLESS DRIVING (a) It shall be unlawful for any person to operate a motor vehicle in a reckless manner over and along the public highways of the City of Everett or over, along or upon private or public property in this city. For the purpose of this section to "operate in a reckless manner" shall be construed to mean the operation of a vehicle upon the public highways or over, along or upon private property in this city in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property. . (b) It shall be unlawful for any person to operate a motor vehicle when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle . Any person so doing shall be deemed guilty of reckless driving. ( c) The unlawful operation of a vehicle in excess of the maximum lawful speed permitted by this ordinance at the point and under the circumstances of operation shall be prima facie evidence of reckless driving by the operator thereof.