(A) For purpose of this section an
ALL-PURPOSE VEHICLE shall mean an all-purpose vehicle as defined by § 75.25 of the Ohio Basic Code, and OFF-HIGHWAY MOTORCYCLE shall mean an off-highway motorcycle as defined by § 75.25 of the Ohio Basic Code.
(B) No all-purpose vehicle or off-highway motorcycle shall be operated on any private property, nor shall any private property owner allow operation of an all-purpose vehicle or off-highway motorcycle within the Village of Killbuck on private property 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 or motorcycle is being operated on, the operator shall possess written permission of the owner of the property;
(2) The all-purpose vehicle or off-highway motorcycle shall not be operated within 250 feet of any residential dwelling not on the property upon which the all-purpose vehicle or off-highway motorcycle is being operated upon;
(3) The all-purpose vehicle or off-highway motorcycle shall only be operated within the municipal limits of the Village of Killbuck:
(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 total all-purpose vehicles and off-highway motorcycles 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 or off-highway motorcycle.
(C) No owner of the property wherein the all-purpose vehicle or off-highway motorcycle 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 or off-highway motorcycle is being operated shall knowingly permit an individual to violate divisions (B)(2) through (5).
(D) When an operator of an all-purpose vehicle or off-highway motorcycle is arrested twice within two years for violating this section the all-purpose vehicle or off-highway motorcycle shall be impounded.
(E) This section does not apply to a person operating an all-purpose vehicle or off-highway vehicle under the following circumstances:
(1) Medical or health emergencies;
(2) Grass cutting or field plowing;
(3) Snow plowing;
(4) Moving the all-purpose vehicle or off-highway motorcycle onto a trailer for purposes of transportation or removing said all-purpose vehicle or off-highway motorcycle from a trailer for parking or storage purposes; and
(5) Repairing such all-purpose vehicle or off-highway motorcycle in an enclosed structure.
(F) Any person who violates any of the terms or provisions of this section is guilty of a minor misdemeanor upon a first offense and upon conviction thereof shall be subject to a mandatory fine of up to $150; on a second offense and all subsequent offenses within one year after the first offense such person is guilty of a misdemeanor of the fourth degree and shall be subject to imprisonment for a term not to exceed 30 days and or mandatory nonsuspendable fine of $250.