(A) No person under 12 years of age shall operate on streets or roadway surface of highways, or designated town property, and no person under 16 years of age shall operate on any roadway within the boundaries of the town, as the operator of moped, motor scooter, three wheel or all terrain vehicle, riding mower, unless accompanied by parent or a guardian or by an individual 18 years of age or older.
(B) No person under 18 years of age may operate or ride upon a moped, motor scooter, three-wheel or all terrain vehicle within the boundaries of the town, unless the person wears a protective helmet of a type meeting Department of Federal Transportation Motor Vehicle Safety Standard 218 as in effect on January 1, 1984. No person may operate a moped, motor scooter, three wheel or all terrain vehicle with any person under the age of 18 as a passenger if the passenger is not wearing a protective helmet.
(C) No person may operate a moped, motor scooter, three wheel or all terrain vehicle unless he or she is wearing an eye protective device or unless the moped, motor scooter, three wheel or all terrain vehicle is equipped with a windscreen of sufficient height and design so as to provide adequate eye protection to the operator when seated on the vehicle in the normal operating position; however, no person may operate a moped, motor scooter, three wheel or all terrain vehicle during the period of time when headlights must be lighted while wearing an eye protective device that is tinted or shaded to reduce the light transmittance of the device to a level below 35%.
(D) It is unlawful for the owner of a moped, motor scooter, three wheel or all terrain vehicle, riding mower or tractor to permit the moped, motor scooter, three wheel or all terrain vehicle, or riding mower to be operated contrary to the provisions of this chapter.
(E) It is unlawful for any person to operate a moped, motor scooter, three wheel or all terrain vehicle, riding mower within the limits of the town:
(1) At any place, while under the influence of alcohol or drugs as defined in SDCL § 32-23-7, which is hereby incorporated herein by reference;
(2) At a rate of speed greater than reasonable or proper under all surrounding circumstances, and when operated on public roadways, in no case greater than posted speed limits;
(3) At any place in a careless, reckless or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or likely to endanger or cause injury or damage to any person or property; or
(4) On any public or private school, cemeteries, public or private golf courses or town parks.
(Ord. 9.05, passed 6-6-2006) Penalty, see § 10.99