(a) The applicable provisions of this Traffic Code, regulating the operation of vehicles, shall where appropriate be applied to the operation of snowmobiles, off-highway motorcycles and all-purpose vehicles as defined herein. Snowmobiles, off-highway motorcycles, or all-purpose vehicles shall also be subject to the additional regulations set forth in subparagraphs (1) through and including (20) set forth below.
(1) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated on any limited access highway or freeway or the right-of-way thereof, except for emergency travel only during such time and in such manner as the Ohio Director of Public Safety shall designate;
(2) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated on any private property, or in any nursery or planting area, without the written or oral permission of the owner, or other person having the right to possession of the property, except where otherwise allowed by law. Written permission may be given by a posted notice which specifies the kind of vehicles allowed, such as "Recreational Vehicles Allowed", "Trail Bikes Allowed", "All-terrain Vehicles Allowed", or words substantially similar. The failure of an owner to post signs prohibiting such use does not imply consent for recreational vehicle use.
(3) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated on any land or waters controlled by the state, except at those locations where a sign has been posted permitting such operation;
(4) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated on the tracks or right-of-way of any operating railroad;
(5) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated while transporting any firearm, bow or other implement for hunting that is not unloaded and securely encased;
(6) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated for the purpose of chasing, pursuing, capturing or killing any animal or wild fowl;
(7) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated during the time from sunset to sunrise, unless displaying lighted lights as required by Ohio R.C. 4519.20 or a substantially similar municipal ordinance. However, in no event shall a snowmobile, off-highway motorcycle, or all-purpose vehicle be operated between the hours of 10:00 p.m. and 8:00 a.m.;
(8) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated on any street, highway, public or private property in willful or wanton disregard for the safety of persons or property in violation of § 434.02 of the Codified Ordinances of the City of Kirtland;
(9) No person shall operate a snowmobile, off-highway motorcycle or an all-purpose vehicle on any street, highway or property without, at all times, being in reasonable control of the vehicle;
(10) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated in excess of 25 miles per hour on publicly owned land;
(11) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated in such a way that the exhaust of the motor makes an excessive or unusual noise;
(12) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated without a functioning muffler or with a muffler which fails to meet the standards set by § 476.02(a)(4) of this ordinance or other applicable law;
(13) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated while under the influence of intoxicating liquor, fermented malt beverages or controlled substances or drugs in violation of § 434.01 of the codified Ordinances of the City of Kirtland;
(14) No person shall post, alter, mutilate, or remove any notice or sign relating to snowmobiles, off-highway motorcycles, or all-purpose vehicles on property in which he has no legal interest;
(15) No person shall enter or leave the lands of another with a snowmobile, off-highway motorcycle, or all-purpose vehicle, or pass from one portion of those lands to another, through a closed gate, without returning the gate to its original position. No person shall enter or leave the lands of another with a snowmobile, off-highway motorcycle, all-purpose vehicle by cutting a wire or tearing down or destroying a fence;
(16) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated on any public property, including public school grounds, park property, playgrounds and recreational areas, except on specifically designated trails or in areas specifically designated for use of such vehicles;
(17) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated in a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons;
(18) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated upon any sidewalk or pedestrian way in the city;
(19) No snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated, for a recreational purpose, unless duly registered with the state of Ohio pursuant to Ohio R.C. Chapter 4519 and displaying the valid Ohio registration sticker, in a plainly visible location thereon;
(20) No more than two of any of the aforedescribed vehicles, that are not owned by and registered to the resident property owner of the premises upon which they are being operated, shall be operated at the same time, on the same premises, unless the operator or operators thereof first obtain written permission therefor from an owner or tenant in possession of each premises contiguous thereto.
(b) Except as otherwise provided by the Codified Ordinances of the City of Kirtland for the violation of § 434.01 or § 434.02 of the Codified Ordinances of the City of Kirtland, whoever violates any subparagraph of this section is guilty of a minor misdemeanor upon conviction for a first offense. If the offender is convicted of a violation of this section twice within any 12-month period the violation for such second offense within such 12-month period shall be a fourth degree misdemeanor. If the offender is convicted of three or more violations of this section within any 12-month period the violation for such third or subsequent offense within such 12-month period shall be a third degree misdemeanor.
(Ord. 02-O-52, passed 11-4-2002; Am. Ord. 04-O-55, passed 3-7-2005)
Statutory reference:
Similar provisions, see O.R.C. 4519.40
(b) Whoever violates this section is guilty of a minor misdemeanor upon conviction for a first offense. If the offender is convicted of a violation of this section twice within any 12-month period the violation for such second offense within such twelve month period shall be a fourth degree misdemeanor. If the offender is convicted of three or more violations of this section within any 12-month period the violation for such third or subsequent offense within such twelve month period shall be a third degree misdemeanor.
(Ord. 02-O-52, passed 11-4-2002)