A. Definitions: For purposes of this section, the following terms have the meaning ascribed to them herein:
ALL-TERRAIN VEHICLE (ATV): Any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer’s dry weight of 1,500 pounds or less, traveling on 3 or more non-highway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers (625 ILCS 5/1-101.8).
OFF-HIGHWAY MOTORCYCLE: Any motorized device designed to travel primarily off-highway on 2 wheels, having a seat or saddle for the use of the operator, upon or by which any person, persons or property may be transported or drawn (625 ILCS 5/1-153.1).
OPERATE: To use continuously or intermittently in any manner within the boundaries of the Village.
PROPERTY OWNER: Any person, agent, firm or corporation having any legal or equitable interest in the property. Owner includes, but is not limited to:
1. A mortgagee in possession in who is vested:
a. All or part of the legal title to the property.
b. All or part of the beneficial ownership and the rights to the present use and enjoyment of the premises.
2. An occupant who can control what occurs on the property.
B. Prohibited Acts: General Prohibition: It is a public nuisance to operate, or for a property owner to allow, off road motor vehicles, including All-Terrain Vehicles (ATVs) and off-highway motorcycles, on private property where the noise from which can be heard from a distance of one hundred feet (100') or more from the property line of the source of the noise in such a manner as to disturb the peace and comfort of occupants of neighboring or surrounding properties. Excluded from the provisions of this subsection are vehicles or machines used for construction activities (Ord. 10-6-1 F.)
C. Penalties: General Penalty: Any person or owner violating any provision of this section will be subject to fine pursuant to title 13, chapter 1, “Fee Schedule”, of this Code. Each occurrence of a violation of this section will constitute a separate offense subject to a separate fine.
(Ord. 2023-10-528, 10-17-2023)