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§ 476.02  EQUIPMENT.
   (a)   In addition to any rules or regulations promulgated by the Ohio Director of Public Safety pursuant to Ohio R.C. 4519.20 and Ohio R.C. Chapter 119, equipment of snowmobiles, off-highway motorcycles, and all-purpose vehicles shall include but not necessarily be limited to requirements for the following items of equipment:
      (1)   At least one headlight having a minimum candlepower of sufficient intensity to reveal persons and objects at a distance of at least 100 feet ahead under normal atmospheric conditions during hours of darkness;
      (2)   At least one red tail light having a minimum candlepower of sufficient intensity to be plainly visible from a distance of 500 feet to the rear under normal atmospheric conditions during hours of darkness;
      (3)   Every snowmobile, while traveling on packed snow, shall be capable of carrying a driver who weighs 175 pounds or more, and, while carrying such driver, be capable of stopping in no more than 40 feet from an initial steady speed of 20 miles per hour, or locking its traction belt; and
      (4)   A muffler system capable of precluding the emission of excessive smoke or exhaust fumes, and of limiting the engine noise of vehicles. On snowmobiles manufactured after January 1, 1973, such requirement shall include sound dampening equipment such that noise does not exceed 82 decibels on the "A" scale at 50 feet as measured according to SAE J192 (September 1970).
   (b)   No person shall operate any snowmobile, off-highway motorcycle, or all-purpose vehicle in violation of this section, except that equipment specified in subsection (a)(1) and (a)(2) of this section shall not be required on snowmobiles, off-highway motorcycles, or all-purpose vehicles operated during the daylight hours.
   (c)   Except as otherwise provided in this subsection, whoever violates subsection (b) of this section shall be fined not more than fifty dollars ($50.00). If the offender within the preceding year previously has committed a violation of subsection (b) of this section or of Ohio R.C. 4519.20(B), whoever violates subsection (b) of this section shall be fined not less than fifteen dollars ($15.00) nor more than one hundred dollars ($100.00), imprisoned not more than three days, or both.
(ORC 4519.20)
§ 476.03  CODE APPLICATION; PROHIBITED OPERATION.
   (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)
§ 476.04  PERMITTED OPERATION.
   Snowmobiles, off-highway motorcycles, and all-purpose vehicles may be operated as follows:
   (a)   To make a crossing of a highway, other than a highway as designated in Ohio R.C. 4519.40(A)(1) or a substantially equivalent municipal ordinance, whenever the crossing can be made in safety and will not interfere with the movement of vehicular traffic approaching from any direction on the highway, and provided that the operator yields the right-of-way to any approaching traffic that presents an immediate hazard;
   (b)   On highways in the county or township road systems whenever the local authority having jurisdiction over such highways so permits;
   (c)   Off and alongside street or highway for limited distances from the point of unloading from a conveyance to the point at which the snowmobile, off-highway motorcycle, or all-purpose vehicle is intended and authorized to be operated;
   (d)   On the berm or shoulder of a highway, other than a highway as designated in Ohio R.C. 4519.40(A)(1) or a substantially equivalent municipal ordinance, when the terrain permits such operation to be undertaken safely and without the necessity of entering any traffic lane;
   (e)   On the berm or shoulder or a county or township road, while traveling from one area of operation of the snowmobile, off-highway motorcycle, or all-purpose vehicle to another such area.
   (f)   For snowmobiles without metal studded tracks and all-purpose vehicles, on state highways located on an island in Lake Erie, including limited access highways and freeways, between the first day of November and the thirtieth day of April, provided that all of the following conditions apply:
      (1)   The operator has a valid driver’s license as required under R.C. § 4519.44.
      (2)   The snowmobile or all-purpose vehicle is in compliance with rules governing safety equipment adopted under R.C. § 4519.20.
      (3)   The owner of the snowmobile or all-purpose vehicle maintains proof of financial responsibility for both on-road and off-road use of the snowmobile or all-purpose vehicle.
      (4)   The operator obeys all traffic rules and regulations.
(ORC 4519.41)
§ 476.05  LICENSING REQUIREMENTS OF OPERATOR.
   (a)   No person who does not hold a valid, current motor vehicle driver’s or commercial driver’s license, motorcycle operator’s endorsement or probationary license, issued under Ohio R.C. Chapter 4506 or Ohio R.C. Chapter 4507 or a valid, current driver's license issued by another jurisdiction, shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle on any street or highway in this municipality, on any portion of the right-of-way thereof, or on any public land or waters.
   (b)   No person who is less than 16 years of age shall operate a snowmobile, off-highway motorcycle, or all-purpose vehicle on any land or waters other than private property or waters owned by or leased to the person’s parent or guardian, unless accompanied by another person who is 18 years of age or older, and who holds a license as provided in subsection (a) of this section, except that the Ohio Department of Natural Resources may permit such operation on state controlled land under its jurisdiction when such person is less than 16 years of age and is accompanied by a parent or guardian who is a licensed driver 18 years of age or older.
   (c)   Whoever violates this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), or imprisoned not less than 3 nor more than 30 days, or both.
(ORC 4519.44)
§ 476.06  ACCIDENT REPORTS.
   (a)   The operator of a snowmobile, off-highway motorcycle, or all-purpose vehicle involved in any accident resulting in bodily injury to or death of any person or damage to the property of any person in excess of one hundred dollars ($100.00) shall report the accident within 48 hours to the Chief of Police, and within 30 days shall forward a written report of the accident to the Ohio Registrar of Motor Vehicles on a form prescribed by the Registrar. If the operator is physically incapable of making the reports and there is another participant in the accident not so incapacitated, the participant shall make the reports. In the event there is no other participant, and the operator is other than the owner, the owner, within the prescribed periods of time, shall make the reports.
   (b)   Any law enforcement officer or other person authorized by Ohio R.C. 4519.42 and 4519.43 who investigates or receives information of an accident involving a snowmobile, off-highway motorcycle, or all-purpose vehicle shall forward to the Registrar a written report of the accident within 48 hours.
(ORC 4519.46)
§ 476.07  LOCAL CONTROL WITHIN POLICE POWER.
   Nothing contained in this chapter shall prevent the municipality from regulating the operation of snowmobiles, off-highway motorcycle, and all-purpose vehicles on streets and highways and other public property under municipal jurisdiction, and within the reasonable exercise of the police power, except that no registration or licensing of any snowmobile, off-highway motorcycle, or all-purpose vehicle required to be registered or titled under Ohio R.C. Chapter 4519 shall be required.
(ORC 4519.48)
§ 476.08  REGISTRATION OF VEHICLES.
   (a)   (1)   Except as provided in division (b), (c) and (d) of this section, no person shall operate any snowmobile, off-highway motorcycle or all-purpose vehicle within this municipality unless the snowmobile, off-highway motorcycle or all-purpose vehicle is registered and numbered in accordance with R.C. §§ 4519.03 and 4519.04.
      (2)   Except as provided in R.C. § 4511.215 or a substantially equivalent municipal ordinance, no registration is required for a mini-truck that is operated within this state. A mini-truck may be operated only in accordance with R.C. § 4511.215 and R.C. § 4519.401, or any substantially equivalent municipal ordinance.
   (b)   (1)   No registration is required for a snowmobile or off-highway motorcycle that is operated exclusively upon lands owned by the owner of the snowmobile or off-highway motorcycle, or on lands to which the owner of the snowmobile or off-highway motorcycle has a contractual right.
      (2)   No registration is required for an all-purpose vehicle that is used primarily for agricultural purposes when the owner qualifies for the current agricultural use valuation tax credit, unless it is to be used on any public land, trail, or right-of-way.
      (3)   Any all-purpose vehicle exempted from registration under subsection (b)(2) of this section and operated for agricultural purposes may use public roads and rights-of-way when traveling from one farm field to another, when such use does not violate Ohio R.C. 4519.41.
      (4)   No registration is required for a snowmobile or all-purpose vehicle that is operated on a state highway as authorized by R.C. § 4519.41(F).
   (c)   No registration is required for a snowmobile, off-highway motorcycle, or all-purpose vehicle owned and used in this State by a resident of another state whenever that state has in effect a registration law similar to Ohio R.C. Chapter 4519 and the snowmobile, off-highway motorcycle, or all-purpose vehicle is properly registered under that state's law. Any snowmobile, off-highway motorcycle, or all-purpose vehicle owned and used in this State by a resident of a state not having a registration law similar to Ohio R.C. Chapter 4519 shall comply with Ohio R.C. 4519.09.
   (d)   No registration is required for a snowmobile, off-highway motorcycle, or all-purpose vehicle owned and used in this municipality by the United States, another state or a political subdivision thereof, but the snowmobile, off-highway motorcycle, or all-purpose vehicle shall display the name of the owner thereon.
   (e)   The owner or operator of any all-purpose vehicle operated or used upon the waters in this municipality shall comply with Ohio R.C. Chapter 1547 and Ohio R.C. Chapter 1548 relative to the operation of watercraft.
   (f)   Whoever violates subsection (a) of this section shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00).
(ORC 4519.02)
Statutory reference:
   Destruction or disposal of vehicle; transfer of ownership; change of address; loss of certificate, see Ohio R.C. 4519.05
   Registration of emergency vehicles, see Ohio R.C. 4519.08
   Registration procedure, see Ohio R.C. 4519.03
   Temporary license placards and fees, see Ohio R.C. 4519.10
   Temporary operating permit for certain nonresidents, see Ohio R.C. 4519.09
§ 476.09  OPERATION OF OFF-HIGHWAY MOTORCYCLE OR ALL-PURPOSE VEHICLE WITHOUT CERTIFICATE OF TITLE; FAILURE TO SURRENDER.
   (a)   No person shall do any of the following:
      (1)   Operate in this state an off-highway motorcycle or all-purpose vehicle without having a certificate of title for the off-highway motorcycle or all-purpose vehicle if such a certificate is required by Ohio R.C. Chapter 4519 to be issued for the off-highway motorcycle or all-purpose vehicle, or, if a physical certificate of title has not been issued for it, operate an off-highway motorcycle or all-purpose vehicle knowing that the ownership information related to the motorcycle or vehicle has not been entered into the automated title processing system by a Clerk of a Court of Common Pleas.
      (2)   Operate in this municipality an off-highway motorcycle or all-purpose vehicle if a certificate of title to the off-highway motorcycle or all-purpose vehicle has been issued and then has been canceled.
      (3)   Fail to surrender any certificate of title upon cancellation of it by the Registrar of Motor Vehicles and notice of the cancellation as prescribed in Ohio R.C. Chapter 4519.
      (4)   Fail to surrender the certificate of title to a Clerk of a Court of Common Pleas as provided in Ohio R.C. Chapter 4519, in case of the destruction or dismantling of, or change in, the off-highway motorcycle or all-purpose vehicle described in the certificate of title.
      (5)   Violate any provision of Ohio R.C. 4519.51 to 4519.70 for which no penalty is otherwise provided or any lawful rules adopted pursuant to those sections.
      (6)   Operate in this state an off-highway motorcycle or all-purpose vehicle knowing that the certificate of title to or ownership of the motorcycle or vehicle as otherwise reflected in the automated title processing system has been canceled.
   (b)   Whoever violates this section shall be fined not more than two hundred dollars ($200.00), or imprisoned not more than 90 days, or both.
(ORC 4519.66)
§ 476.99  PENALTY.
Editor's note:
   See §§ 408.01 and 408.02 for general Traffic Code penalty if no specific penalty is provided.