A. Privately Owned Land:
1. A person may not operate or accompany a person operating an off highway vehicle upon privately owned land of any other person, firm or corporation without permission from the owner or person in charge.
2. A person operating or accompanying a person operating an off highway vehicle may not refuse to immediately leave private land upon request of the owner or person in charge of such land.
3. Subsections A1 and A2 of this section do not apply to prescriptive easements on privately owned land.
4. A person who violates subsection A1 of this section is guilty of an infraction.
5. A person who violates subsection A2 of this section is guilty of a Class C misdemeanor.
6. As part of any sentence for a conviction of a violation of subsection A1 or A2 of this section, the court may:
a. Impose a fine of not more than one hundred fifty dollars ($150.00);
b. Require the person to pay restitution not to exceed five hundred dollars ($500.00) for any damage caused by the unlawful motor vehicle travel; and
c. Require the person to perform community service in the form of repairing any damage caused by the unlawful motor vehicle travel.
B. Obstructions: A person operating or accompanying a person operating an off highway vehicle may not obstruct an entrance or exit to private property without the owner's permission.
C. Destruction Of Signs, Fencing: A person may not:
1. Tear down, mutilate or destroy any sign, signboards or other notice which regulates trespassing for purposes of operating an off highway vehicle on land; or
2. Tear down, deface or destroy any fence or other enclosure or any gate or bars belonging to the fence or enclosure.
D. Violation:
1. A violation of subsection B of this section is an infraction;
2. A violation of subsection C of this section is a Class C misdemeanor. (Ord. 19-03, 2-19-2019)