(a) Owner or Occupant. Only the owner or an occupant or their guests or invitees shall be permitted to operate an ATV or dirt bike on private property.
(b) Access Limitation. No person shall go on or cross the land of another to operate an A TV or dirt bike without the written permission of the landowner, which written permission shall be carried on the person of the operator. No person shall use state or city roads to gain access to the land used for ATV or dirt bike vehicle operation.
(c) Setback Requirements. A person operating an ATV or dirt bike must remain at least 100 feet from any adjoining or adjacent property line, and must remain at least 150 feet from an off-site residential dwelling.
(d) Maximum Numbers, Facilities and Events.
(1) The operation of more than four ATVs and/or dirt bikes at one time requires an event permit from the City, provided the event is otherwise a permitted use under applicable City zoning and other ordinances.
(2) Where one or more structures, a track, a course, or one or more obstacles, including dirt mounds, are installed or arranged for use by A TVs and/or dirt bikes regulated under this section, a permit shall be obtained from the City, where the permit would not otherwise be in violation of City ordinances. Proper erosion and sedimentation controls shall be installed prior to use by the vehicles governed under this section.
(e) Time Limitations. It shall be unlawful for any person, corporation, partnership or any other entity to operate an ATV or dirt bike for recreational purposes between the hours of 9:00 p.m. and 7:00 a.m. Operation of ATVs and dirt bikes will be limited to a one-hour session with a three-hour rest before the next operation of the vehicle. The rest period must he provided to prohibit disturbance of the peace within the City. Operation within this prohibited time period shall be considered a disturbance of the peace with the City.
(f) Speed Limitation. No person shall operate an ATV or dirt bike at a speed greater than that is reasonable and prudent considering the existing conditions.
(g) Dust Limitation. No person shall operate any ATV or dirt bike in any manner that creates dust that crosses onto any adjoining or adjacent property. Visible dust, mud or debris shall not leave the property boundaries of the parcel where vehicles governed by this section are operated.
(h) Livestock Area Restriction. No person shall operate, allow, or permit the operation of an ATV or dirt bike within 300 feet of any type of livestock.
(i) Environmentally Sensitive Area Limitation. No person shall operate, allow or permit the operation of an ATV or dirt bike within a stream, creek, waterway, drainage way, wetland, or erosion-sensitive area, floodplain, or within fifty feet of such an environmentally sensitive area. (Ord. 41-2023. Passed 7-17-23.)