(a) Purpose.
(1) The unauthorized off-road operation of motor vehicles within the Village of Edgar can result in serious damage to public and private lands including damage or destruction of vegetation, animal life and improvements on the lands; and
(2) The unauthorized off-road operation of motor vehicles can result in the permanent scarring of land and an increase in erosion, noise pollution and air pollution; and
(3) The unauthorized off-road operation of motor vehicles can result in collisions or near collisions threatening the life and safety of the operators of such vehicles as well as of other persons and personal property; and
(4) The unauthorized off-road operation of motor vehicles can result in a loss of the privacy, quietude and serenity to which the owners and users of land, and their neighbors, are rightfully entitled.
(b) Definitions. For purposes of this Section, the terms below shall be defined as follows:
(1) Unauthorized. Without the express prior consent of the owner, lessee, manager or other person authorized to give consent by the owner or lessee of land. Authorization shall not be implied from a failure to post private or public land.
(2) Off-Road. Any location which:
a. Is not a paved or maintained as a public street or alley; or
b. Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or
c. Is a private trail for use only by the owner or his/her permittees for recreational or other vehicular use. "Off-road" shall not include any creekbed, riverbed or lake provided, however, that this Subsection shall not apply to snowmobiles or other vehicles being operated on the ice covering such creekbed, riverbed or lake.
(3) Operation. The physical manipulation or activation of any of the controls of a motorized vehicle necessary to put it in motion.
(4) Motor Vehicle. For purposes of this Section, any vehicle which is self-propelled and shall include, but not be limited to, automobiles, trucks, jeeps, vans, motorcycles, motorbikes, go-karts, utility terrain vehicles, all-terrain vehicles, mopeds, snowmo- biles, and dune buggies. "Motor vehicle" shall not mean any airplane, railroad train, boat, assisted mobility device, or bicycle. A vehicle which would otherwise be defined as a motor vehicle under this Section shall not be so defined while:
a. It is being operated solely for the purpose of construction or maintenance of an improvement to land or solely for access to construction or maintenance sites provided such operation is by persons having legitimate business on such lands or sites;
b. It is being operated by or at the direction of public employees or utility company employees as part of their employment duties.
c. It is being operated by the holder of an easement or right of access on or over the land on which operation is occurring or the holder's employees or agents.
(c) Unauthorized Off-Road Operation Prohibited.
(1) The unauthorized off-road operation of a motor vehicle is prohibited in the Village of Edgar.
(2) Except for authorized maintenance vehicles and snowmobiles or all-terrain/utility terrain vehicles operating on routes/trails authorized by the Village Board or as otherwise authorized by this Chapter, it shall be unlawful to operate any minibike, go-kart, or any other motor-driven craft or vehicle principally manufactured for off-highway use on the Village streets, alleys, parks, sidewalks, bikeways, parking lots or on any public lands or private lands or parking lots held open to the public. The operator shall at all times have the written consent of the owner before operation of such craft or vehicle on private lands.
(3) Operation of vehicles regulated by this Section shall not be operated in the following manner:
a. At a rate of speed that is unreasonable or imprudent under the circumstances.
b. In a careless way so as to endanger people or property.
c. While under the influence of intoxicating liquor, fermented malt beverages, wine, narcotics or other controlled substances.
d. Without a functioning muffler or in such a way that the exhaust of the engine produces an excessive or unusual noise.
e. Upon any public street or alley, or upon a sidewalk or public right-of-way, unless such vehicle is registered for street operation as required by Chapter 341, Wis. Stats., and its operation in the Village of Edgar is permitted by this Code of Ordinances.
f. Except where authorized, upon any lands owned, operated or leased by the Village of Edgar.
(d) Liability of Parent or Guardian. No parent or guardian of any person under the age of eighteen (18) years of age shall authorize or permit such child to violate any of the provisions of this Section. Any person under the age of eighteen (18) years of age who shall operate a vehicle in a manner prohibited by this Section shall be presumed to be operating such vehicle under the authority of a parent or guardian.