(A) Except as specifically provided in division (D) below, landowners and tenants of land shall owe no duty of care to keep their premises safe for entry or use by persons operating, using, or riding in off-road vehicles for recreational purposes, or to give any warning of dangerous condition, use, structure, or activity on such premises to such persons.
(B) Except as specifically provided in division (C) below, a landowner or tenant who invites or permits any person to operate, use, or ride in an off-road vehicle for recreational purposes on his or her property does not thereby:
(1) Make any representation or extend any assurances that the premises are safe for any purpose;
(2) Confer upon such person or persons the legal status of invitee or licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.
(C) Nothing in this section limits in any way any liability which otherwise exists, and this section shall not apply in any respect to:
(1) Willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity or for deliberate, willful, or malicious injury to persons or property; or
(2) Injury suffered in any case where the owner of land or tenant charges a fee or admission charge, or other valuable consideration, of a person who enters or uses his or her land with an off-road vehicle for the purpose of using it thereon for recreational purposes.
(D) Nothing in this section shall be construed to:
(1) Create or increase a duty of care or ground of liability for injury to persons or property; or
(2) Relieve any person using an off-road vehicle for recreational purposes upon the land of another from any obligation which he or she may have in the absence of this section to exercise care in the use of such land and his or her activities thereon, or from the legal consequences of failure to employ such care.
(Ord. 1984-11, passed 11-5-1984)