A. Under Eight Years: A person under eight (8) years of age may not operate, and an owner may not give another person who is under eight (8) years of age permission to operate an off highway vehicle on any public land, trail, street or highway of this City.
B. Eight Years And Older: A person who is eight (8) years of age or older, but under sixteen (16) years of age, may not operate and an owner may not give that person permission to operate an off highway vehicle on any public land, trail, street or highway of this City unless the person:
1. Has in the person's possession the appropriate safety certificate issued by the State Division of Parks and Recreation; and, if under eighteen (18) years of age, is under the direct supervision of a person who is at least eighteen (18) years; or
2. Has in the person's immediate possession a valid motor vehicle operator's license, as provided by State law.
For purposes of this subsection, the term "direct supervision" means oversight at a distance: a) of not more than three hundred feet (300'); and b) within which: 1) visual contact is maintained; and 2) advice and assistance can be given and received.
C. Penalty:
1. Any person convicted of a violation of this section is guilty of an infraction and shall be fined not more than one hundred dollars ($100.00) per offense.
2. It is a defense to a charge under this section, if the person charged: a) produces in court a license or an appropriate safety certificate that was valid at the time of the citation or arrest, and issued to the person operating the off highway vehicle; and b) can show that the direct supervision requirement under subsection B of this section was not violated at the time of citation or arrest.
D. Exception: The requirements of this section do not apply to an operator of an off highway implement of husbandry (Ord. 19-03, 2-19-2019)