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Ordinance 1328ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RE- LATING TO THE LICENSING, OPERATION AND PRESCRIBING EQUIPMENT FOR THE OPERATORS AND RIDERS OF MOTOR- CYCLES AND MOTOR DRIVEN CYCLES; REGULATING RENTAL THEREOF; ADDING A NEW CHAPTER TO THE EDMONDS CITY CODE (CHAPTER 8.66, MOTORCYCLES); AND PRESCRIBING PENALTIES. THE CITY COUNCIL OF THE CITY OF EDMOM.5, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 8.66.010 Definitions. A. Motorcycle. "Motorcycle" means every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground,, but excluding a farm tractor. B. Motor Driven Cycle. "Motor driven cycle" means every motorcycle including every motor scooter, with a motor which produces not to exceed 5 brake horse power (developed by a prime mover, as measured by a brake applied to the driving shaft), and every bicycle with motor attached. Section 8.66.020 License Endorsement. No person shall drive a motorcycle or a motor driven cycle as these terms are defined in this chapter, in the City of Edmonds,- unless such person has a valid drivers' license specially endorsed by the Director of Licenses of the State of Washington to enable the holder to drive said vehicles. Section 8.66.030 Noise and Exhaust. A. Every motorcycle and motor driven cycle within the City of Edmonds shall at all times be equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler cut-out, by-pass or similar device upon a motorcycle or motor driven cycle within the City of Edmonds. -- /,aP B. The engine and power mechanism of every motorcycle or motor driven cycle shall be so equipped and adjusted as to prevent the escape of excessive fumes or smoke. C. No person shall modify the exhaust system of a motor- cycle or motor driven cycle in a manner which will amplify or increase the noise emitted by the engine of such vehicle above that emitted by the muffler originally installed on the vehicle, and it shall be unlawful for any person to operate a motorcycle or motor driven cycle not equipped as required by this sub -section, or which has been amplified as prohibited by this sub -section. Section 8.66.040 Safety Equipment. It shall be unlaw- ful in the City of Edmonds: A. For any person to operate a motorcycle or motor driven cycle not equipped with a mirror on each side of t-he handle bars thereof; the two mirrors shall be so located as to give the driver a complete view of the roadway for a distance of at least 200 feet to the rear of the motorcycle or motor driven cycle. B. For any person to operate a motorcycle or motor driven cycle in excess of 35 miles per hour which does not have a windshield unless he wears goggles or a face shield of a type approved by the Washington State Commission on Equipment. C. For any person to operate or ride upon a motorcycle or motor driven cycle unless he wears a protective helmet of a type approved by the Washington State Commission on Equipment. Said helmet must be equipped with either a neck or chin strap which shall be fastened securely while the motorcycle or motor driven cycle is in motion. Section 8.66.050 Passengers. A person operating a motor- cycle or motor driven cycle within the City of Edmonds shall Ma ride only upon the permanent or regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on a motorcycle or motor driven cycle unless such motorcycle or motor driven cycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the rear or side of the operator: PROVIDED, however, that the motorcycle or motor driven cycle must contain foot pegs of a type approved by the Washington State Commission on Equipment. Section 8.66.060 Handle Bars. No person shall operate a motorcycle or motor driven cycle within the City of Edmonds on which the handle bars or grips are more than fifteen (15) inches higher than the seat for the operator. Section 8.66.070 Placement of Feet. No person shall ride a motorcycle or motor driven cycle within the City of Edmonds i.n.a position where both feet are placed on the same side of the motorcycle or motor driven cycle. Section 8.66.080 Parade or Public Demonstration. The provisions of Sections 8.66.040 through 8.66.070 of this Chapter may be temporarily suspended by the Chief of Police, or his designee, with respect to the operation of motorcycles or motor driven cycles within the City of Edmonds in connection with a parade or public demonstration. Section 8.66.000 Rentals. A. It shall be unlawful for any person to rent a motor- cycle or motor driven cycle within the City of Edmonds to any other person unless the latter person has been duly licensed as a vehicle operator for the kind of vehicle being rented in this state, or, in case of a non-resident, then -3- that he is duly licensed as an operator under the laws of the state or country of his residence except a non-resident whose home state or country does not require that a motorcycle or motor driven cycle operator be specially licensed; B. It shall be unlawful for any person to rent a motorcycle or motor driven cycle within the City of Edmonds to another person until he has inspected the operator's license of such other person and compared and verified the signature thereon with the signature of such other person written in his presence; C. Every person within the City of Edmonds who rents a motorcycle or motor driven cycle to another person shall keep a record of the vehicle license number of the motorcycle or motor driven cycle so rented, the name and address of the person to whom the motorcycle or motor driven cycle is rented, the number of the vehicle operator's license of the person operating the vehicle and the date and place when and where such vehicle operator's license was issued. Such records shall be open to inspection by any police officer. Section 8.66.100 Rental Helmets. It is unlawful for any person within the City of Edmonds to rent out motorcycles or motor driven cycles unless he shall also have on hand for rent helmets of a type approved by the Washington State Commission on Equipment. No motorcycle or motor driven cycle shall be rented out unless the renter thereof has in his possession a helmet of a type approved by the Washington State Commission on Equipment regardless from whom the helmet is obtained. Section 8.66.100 Severability. If any provision of this Chapter or the application thereof to any person or cir- -4- cumstance is held invalid, such invalidity shall not affect other provisions or applications of said Chapter which can be given effect without the invalid provision or applicatbn, and, to this end, provisions of this Chapter are declared to be severable. Section 8.66.120 Penalties. Anyone violating this Chapter of the Edmonds City Code shall be guilty of a misdemeanor and shall be punished by a fine in a sum not to exceed $500 or confinement in the City Jail for a term not to exceed ninety (90) days, or by both such fine-a-nd imprisonment. APPROVED: ON s ATTEST: APPROVED BY THE CITY COUNCIL: SEp 1 q 1967 FILED WITH THE CITY CLERK: SEp 1 9 196y PUBLISHED: 5EP 2 7 +^�y -5-