§ 35-753. Unsafe use of off-road motorcycles prohibited.

The following practices constitute unsafe use of off-road motorcycles in the city:

(1)

Use of an off-road motorcycle one-half hour after sunset to one-half hour before sunrise without headlights and rear lights installed and illuminated.

(2)

Use of an off-road motorcycle without a rearview mirror.

(3)

Use of an off-road motorcycle without a warning device such as a horn.

(4)

Use of an off-road motorcycle with more than one person on the seat, unless the seat has been specifically designed by the manufacturer to hold more than one person. In no case shall there be more passengers than the off-road motorcycle is designed to carry.

(5)

Use of an off-road motorcycle without the driver and passengers wearing protective headgear. The headgear must conform with minimum standards of construction and performance as proscribed by the National Standards Institute specification Z90.1 or by the federal motor vehicle safety standard no. 218.

(6)

Use of an off-road motorcycle by a driver under the age of 12.

(7)

Operating an off-road motorcycle that is not equipped at all times with an effective and suitable muffling device on its engine to effectively deaden or muffle the noise of the exhaust. Each off-road motorcycle must meet noise emission standards of the United States Environmental Protection Agency and in no case exceed 82 decibels of sound pressure level at 50 feet on the "A" scale as measured by the SAE standards.

(8)

Operating an off-road motorcycle that is not equipped at all times with a working spark arrester.

(9)

Operation of off-road motorcycle at speeds greater than reasonable and prudent for the existing conditions.

(10)

Operating an off-road motorcycle in violation of ordinances or regulations applicable to motor vehicles, except as expressively permitted by the article, or in reckless manner in such a way as to recklessly create a substantial risk of serious bodily injury to another person.

(11)

Operating an off-road motorcycle in a manner to endanger, so as to endanger any person or property.

(12)

Operating an off-road motorcycle under the influence or with excessive blood-alcohol level. A person commits the crime of operating an off-road motorcycle while under the influence of intoxicating liquor or drugs if that person operates or attempts to operate any off-road motorcycle while under the influence of intoxicating liquor or drugs or a combination of liquor and drugs; or, for a person 21 years of age or older, while having alcohol levels in that person's blood higher than the minimum requirements for operation of motor vehicles; or, for a person less than 21 years of age, while having any amount of alcohol in the blood. A person is guilty of failure to comply with the duty to submit to and complete a blood-alcohol or drug concentration test if that person refuses to submit to or fails to complete a blood-alcohol or drug concentration test or both when requested to do so by a law enforcement officer who has probable cause to believe that the person operated or attempted to operate an off-road motorcycle while under the influence of intoxicating liquor or drugs.

(13)

Operating an off-road motorcycle in such a manner as to create an excessive amount or introduction into the air of dust, dirt or other particulate or substance.

(14)

Operating an off-road motorcycle in any manner that would harass game or domestic animals.

(15)

The operation of an off-road motorcycle by a child under the age of 18 without the immediate and visual supervision of an adult.

(Code 1988, § 35-674; Ord. No. O-25-03, § 4, 7-10-2003)