§ 73.01 SCOPE AND PURPOSE.

   The Board of Mayor and Aldermen of the Town of Collierville finds that the operation of licensed and unlicensed motorcycles and motor-driven cycles on unimproved private property, sidewalks, park lands and other public property (except public streets and highways) and paved surfaces designed for vehicular traffic in the Town of Collierville creates excessive amounts of irritating dust, fumes, noise, erosion and fire danger and constitutes a public nuisance to the residents of Collierville. This chapter is designed to regulate the operation of registered and unregistered ATV, motorcycles and motor-driven cycles by all persons, whether they possess a valid Tennessee motor vehicle operator’s license or not, upon unimproved private property and upon all public property except public streets and highways and paved surfaces designed for vehicular traffic in the Town of Collierville.

(`83 Code, § 12-301)

§ 73.02 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ALL TERRAIN VEHICLES. ATV motor driven two, three and four wheel vehicles which are unregistered and are not designed for street usage.

   HIGHWAY. A way or place of whatever nature, publicly maintained and open to the use of the public for the purposes of vehicular travel. HIGHWAY includes street.

   MOTOR DRIVEN CYCLE. Any motorcycle, including every motor scooter, with a motor which produces not to exceed five horsepower and every bicycle with motor attached.

   MOTORCYCLE. Any motor vehicle other than a tractor having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground and weighing less than 1,500 pounds.

   UNIMPROVED PRIVATE PROPERTY. Any parcel of land which either contains no structures or which is not surfaced with cement, concrete, asphaltic concrete or other similar material or which does not have a hard surface made up of a mixture of rock, sand or gravel bound together with a chemical or mineral substance other than natural soil.

(`83 Code, § 12-302)

§ 73.03 PROHIBITED OPERATIONS.

   (A)   No person shall operate a motorcycle or motor-driven cycle or ATV other than a publicly owned motorcycle or motor-driven cycle upon any public sidewalk, walkway, park or upon any other publicly owned property within the Town of Collierville. This shall not be construed to prohibit the operation of a motorcycle or motor driven cycle having a valid Tennessee vehicle registration by any person possessing a valid Tennessee operator’s license upon the public highway or upon paved surfaces designed in the Town of Collierville.

   (B)   No person shall operate an ATV, motorcycle or motor driven cycle, other than a publicly owned motorcycle or motor driven cycle, upon any unimproved parcel of real property within the Town of Collierville, except as set forth in § 73.04.

(`83 Code, § 12-303)

§ 73.04 EXCEPTIONS.

   (A)   A person desiring to operate an ATV, motorcycle or motor driven cycle and any owner of private property desiring to allow a person or persons to operate a motorcycle or motor driven cycle on his or her private property may do so upon first obtaining a permit from the Chief of Police of the Town of Collierville. Permits shall be issued upon his or her determination that:

      (1)   The owner or owners of the real property concerned, or the person or persons in lawful possession thereof, have consented in writing to the proposed operation;

      (2)   That the Town Fire Chief has certified that such proposed operation or by reason of the nature of the property concerned; and

      (3)   That such operation is of sufficient distance from occupied residences, churches, assembly hall or schools as not likely to constitute a noise, dust or fumes nuisance.

   (B)   Any owner of property meeting the requirements of this section, or his or her agent, may in writing authorize the Chief of Police to issue permits for the operation of motorcycles or motor driven cycles on his or her property. The authorization is to be in the form prescribed by the Chief of Police and must describe the real property and may limit the authority to the persons set forth in the authorization. Any change of interest in ownership in the real property shall be deemed an automatic revocation of such authorization. All persons holding a title interest in and to a parcel of real property must join in the authorization.

(`83 Code, § 12-304)

§ 73.05 CONTENTS OF PERMIT.

   (A)   Name, birth date and physical description of the permittee.

   (B)   A statement that permittee shall not operate or cause to be operated a motorcycle or motor driven cycle on any real property, except the real property set forth in the permit by description.

   (C)   A statement of the hours that the permit authorizes operation of the motorcycle or motor driven cycle.

   (D)   A statement that the permit shall be carried by the permittee at all times that he or she is operating an ATV, motorcycle or motor-driven cycle on public or private property, as defined in this chapter, and that the permit shall be exhibited to any police officer upon demand.

   (E)   The date of expiration of the permit in no event to exceed one year, unless sooner revoked or suspended.

   (F)   A statement that the permit is not an expression by the Town that the proposed operation can be done with safety to the permittee or other persons or property, all of which risks are assumed by permittee or property owner.

(`83 Code, § 12-305)

§ 73.06 APPEAL.

   Any applicant refused a permit may appeal such refusal to the Board of Mayor and Aldermen by filing an appeal in writing, setting forth the grounds.

(`83 Code, § 12-306)

§ 73.07 REVOCATION OR SUSPENSION.

   Any permit issued hereunder is subject to suspension or revocation by the Board of Mayor and Aldermen after notice to the permittee and public hearing on any of the following grounds:

   (A)   The owner or agent of the real property has withdrawn his or her consent;

   (B)   Conditions concerning the real property covered by the permit have changed so that conditions exist which would be grounds for refusal to issue the permit;

   (C)   The permittee has violated any of the terms or conditions of the permit or any law while on private or public property pursuant to the permit issued herein.

(`83 Code, § 12-307)

§ 73.99 PENALTY.

   Any person, firm, partnership, corporation or other legal entity violating any of the ordinances of the Town shall be fined not more than $50 or the maximum amount permitted by state law, whichever is greater, for each offense, and a separate offense shall be deemed committed for each day of violation.

(`83 Code, § 12-308) (Ord. 2003-05, passed 4-14-03)