375.09  OPERATION OF ALL-PURPOSE VEHICLES ON PRIVATE PROPERTY.
   (a)   For purpose of this section an "All-Purpose Vehicle" shall mean an all-purpose vehicle as defined by Section 375.01 of this Chapter.
   (b)   No all-purpose vehicle shall be operated on any private property or any private property owner allow operation of an all-purpose vehicle within the city unless all of the following conditions and limitations have been complied with by the operator and owner:
      (1)   When the operator does not reside or own the property said vehicle is being operated on, the operator shall possess written permission of the owner of the property;
      (2)   The all-purpose vehicle shall not be operated within 250 feet of any residential dwelling not on the property upon which the ATV is being operated upon.
      (3)   The all-purpose vehicle shall only be operated within the Municipal limits of the City of Highland Heights: 
         A.   Between the hours of 9:00 a.m. and 6:00 p.m. Monday through Saturday, and 
         B.   Between the hours of noon and 6:00 p.m. on Sundays; 
      (4)     There shall be no more than two all-purpose vehicles operating on any property at a time;
      (5)   Noise and/or dust. The operator shall not unreasonably make, cause to be made or continue to be made any noise, or dust which disturbs the reasonable peace of the area within which the operator is operating any all-purpose vehicle.
   (c)   No owner of the property wherein the all-purpose vehicle is being operated shall recklessly permit an individual to violate division (b) (1) of this section.  No owner of property wherein an all-purpose vehicle is being operated shall knowingly permit an individual to violate divisions (b) (2) through (5).
   (d)   When an operator of an ATV is arrested twice within two years for this offense the ATV shall be impounded. 
   (e)  This section does not apply to a person operating an ATV under the following circumstances:
      (1)   Medical or health emergencies;
      (2)   Grass cutting or field plowing;
      (3)   Snow plowing;
      (4)   Moving the ATV onto a trailer for purposes of transportation or removing said ATV from a trailer for parking or storage purposes;
      (5)   Repairing such ATV in an enclosed structure.
         (Ord. 26-2018.  Passed 11-13-18.)