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§ 71.02 UNLAWFUL AREAS FOR OPERATION.
   (A)   It shall be unlawful to operate any moped, motor scooter, three wheel or all terrain vehicle on the streets or alleys or other public ways if it is not duly licensed by the state.
   (B)   It shall be unlawful for the licensed vehicles to operate as follows:
      (1)   On the portion of any right-of-way or any highway, street road, trail or alley used for motor vehicle travel. Travel and operation of the moped, motor scooter, three wheel or all terrain vehicle, hereunder shall, in any case, be limited to from the owner’s residence to the town limits, and this shall be on the most direct route permissible when operated by a person with a state issued motor vehicle driver’s license. Travel and operation of riding lawn mowers, hereunder shall, in any case, be limited to from one property to another property when the intention is to mow the property, and this shall be on the most direct route permissible when operated by a person with a state issued motor vehicle driver’s license;
      (2)   On a public sidewalk provided for pedestrian travel;
      (3)   On boulevards within any public right-of-way except for the purpose of mowing;
      (4)   On private property of another without specific permission of the owner or person in control of the property, and this permission shall be in writing and in the possession of the person who is operating a moped, motor scooter, three wheel or all terrain vehicle;
      (5)   On any other public place except for the purpose of mowing;
      (6)   Two or more mopeds, motor scooters, three wheel or all terrain vehicles, traveling in the same direction shall be operated one behind the other with an interval of at least 15 feet between and, in no case, shall three wheel or all terrain vehicle ever be operated side by side;
      (7)   No moped, motor scooter, three wheel or all terrain vehicle, or riding mower shall be parked on any street or public right-of-way at any time; and/or
      (8)   Operation of mopeds, motor scooters, three wheel or all terrain vehicles, or riding mowers for special occasions, not in accordance with this chapter, shall be under the jurisdiction and control of the town law enforcement.
(Ord. 9.05, passed 6-6-2006) Penalty, see § 10.99
§ 71.03 REQUIREMENTS FOR OPERATION.
   (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
§ 71.04 EQUIPMENT REQUIREMENTS.
   (A)   It is unlawful for any person to operate a moped or motor scooter on any roadway within the limits of the town, unless it meets federal highway safety standards under 49 C.F.R. § 567.4 and equipped with the following. The moped or motor scooter must have a manufacturing label written in the English language, lettered block in capitals and numerical not less than 30-seconds of an inch high that states: “This vehicle conforms to all applicable federal motor vehicles safety standards in effect on the date of manufacture shown above.” The expression “U.S.” or “U.S.A.” may be inserted before the word “Federal”.
   (B)   It is unlawful for any person to operate a three wheel or all terrain vehicle any place within the limits of the town, unless it is equipped with the following:
      (1)   Standard mufflers which are properly attached and which reduce the noise of the operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe or similar device on a three wheel or all terrain vehicle motor; and
      (2)   Brakes adequate to control the movement of and to stop and hold the three wheel or all terrain vehicle under any condition of operation.
(Ord. 9.05, passed 6-6-2006) Penalty, see § 10.99
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