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HomeMy WebLinkAbout3086 1 ORDINANCE NO. 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDI- NANCE NO. 821; PROHIBITING THE OPERATION OF A MOTORCYCLE OR MOTOR ~ 3 VEHICLE ON PUBLIC OR PRIVATE PROPERTY OTHER THAN PUBLIC STREETS OR HIGHWAYS IN EXCESS OF NOISE LIMITS SPECIFIED IN THE VEHICLE 4 CODE; AND REQUIRING SUCH MOTORCYCLE OR MOTOR VEHICLE TO BE EQUIPPED WITH AN ADEQUATE MUFFLER. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6 DO ORDAIN AS FOLLOWS: 7 SECTION 1. Ordinance No. 821 is hereby amended by adding 8 thereto Section 710 to read as follows: 9 "SECTION 710: (a) No person shall operate on public or 10 private property other than public streets or highways a motor- 11 cycle, motor-driven cycle, or any other motor vehicle at any 12 time or under any condition of grade, load, acceleration or 13 deceleration in such a manner as to exceed the noise limits 14 established in Section 23130 of the Vehicle Code for said motor- 15 cycle, motor-driven cycle or other motor vehicle based on a 16 distance of fifty (50) feet from the path of travel within the 17 speed limits specified in Section 23130. ].g The provisions of Section 23130 of the Vehicle Code of 19 the State of California are incorporated by reference and made 20 apart of this ordinance wherever said provisions may be made 21 applicable without contravening Subsection (a) hereof; and any Q2 words and phrases contained in this Section shall have the same 23 meanings as are set forth in the Vehicle Code for such words and 24 phrases when such meanings are not in conflict with the intent 25 of Section 23130. 26 (b) Every motorcycle, motor-driven cycle or motor vehicle 27 shall, at all times when being operated on public or private 28 property other than public streets or highways, be equipped with 29 an adequate muffler in constant operation and properly maintained 30 to preNent any excessive or unusual noise, and no such muffler ~ or exhaust s stem shall be e ui ed with a cutout b ass or 31 Y q PP YP 32 similar device. 1 The word "muffler" or any other word or phrase of this 2 Subsection shall have the meaning ascribed to such word or phrase 3 in the Vehicle Code." 4 SECTION 2. The invalidity of any section, clause, 5 sentence, or provision of this ordinance shall not affect the g "validity of any other part which can be given effect without ry such invalid part or parts. 8 I HEREBY CERTIFY that the foregoing ordinance was duly g adopted by the Mayor and Common Council of the City of San Ber- 10 nardino at a~~ ,~,,,,~~/ w~Qir;J meeting thereof, held on 11 the ~Z9/~" day of m~ 1970, by the following vote, 12 to wit: 13 AYES: Councilmen ~~/J~~.c,., /i~oo~o_~~Jr 14 `,~~ ri >-~ l f'- ~ Lr ~- i~./~_Ls,~ ~ i ~./ ~2-!~E°/'"'L~2 15 NOES : ~~,~ 16 ABSENT: 17 y~ . 18 City Cler} 19 The foregoing ordinance is hereby approved this ~~- 20 day of __~~, 1970. ,° a 21 /' , C~i-~-~~/ 22 Mayo o the City o Sar~ Bernardino 23 Approved as to form: .-~ 25 City A=~to-rney ~P) 26 27 28 29 30 F'tLED 31 3z JUN 3 0 1970 lUCtt_ E GOFORTM, Ciiyge ate: ocrurc