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§ 73.42 IMPOUNDMENT OF OFF-ROAD VEHICLE.
   (A)   (1)   Any off-road vehicle operated on an ATV street by an unlicensed operator or without the equipment required by this subchapter or state law shall be impounded by the enforcing officer. Said off-road vehicle shall be held until retrieved by the owner and a properly licensed operator.
      (2)   If the off-road vehicle is improperly equipped as required by this subchapter or state law for operation on town streets, then it shall only be released to be hauled away upon a properly licensed vehicle capable of safely hauling the same.
      (3)   The off-road vehicle shall not be released from impoundment until:
         (a)   It is properly registered as required by law:
         (b)   The actual charge for the towing of the vehicle to the place of impoundment is paid; and
         (c)   Storage charges in the amount of $5 per day, or part thereof have been paid.
   (B)   The town shall not be responsible for any loss or damage sustained by any off-road vehicle so impounded or stored hereunder. Off-road vehicles not reclaimed within 30 days from the date of impoundment shall be deemed abandoned and shall be sold as surplus property.
(Ord. 2017-3, passed 7-5-2017)
§ 73.43 ENFORCEMENT.
   All law enforcement officers in the town shall have the power, and it shall be their duty, to enforce the provisions of the subchapter unless otherwise prevented by state statutes regarding the enforcement of state laws.
(Ord. 2017-3, passed 7-5-2017)
§ 73.44 TOWN EMPLOYEES EXEMPT.
   Town employees are exempt from the provisions of this subchapter during the course of performing their duties while using an off-road vehicle owned by the town.
(Ord. 2017-3, passed 7-5-2017)
§ 73.99 PENALTY.
   (A)   Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 70.99.
   (B)   (1)   (a)   Any person who violates §§ 73.01 through 73.16 shall be subject to a penalty of $25 for the first violation in any 12-month period for each violation.
         (b)   Any person who violates §§ 73.01 through 73.16 a second time in any 12-month period shall be subject to a penalty of $100 for each violation.
         (c)   In addition, the permit as provided, may be subject to suspension or revocation; provided, however, in the event that two or more offenses constituting violations of §§ 73.01 through 73.16 occur within one year, the permit to operate the golf cart shall be revoked and may not be reissued for a period of one year.
         (d)   If the person found responsible for violation of §§ 73.01 through 73.16 is a minor, the custodial parent or parents of the minor shall be responsible for payment of the fine or fines imposed hereunder. A MINOR is defined as a person under the age of 18 years.
         (e)   Additionally, a court may order compliance with the provisions of §§ 73.01 through 73.16.
         (f)   All fines and penalties shall be payable to the Town Clerk-Treasurer. The Town Clerk-Treasurer is the town’s violations clerk and shall receive all payment of penalties under §§ 73.01 through 73.16 for which the violator desires to waive trial and admit the violation. The Clerk-Treasurer of the town is hereby authorized to accept the payment of the monetary penalties into the General Fund of the town. Payments shall be made at the Town Hall during regular business hours.
         (g)   All cases wherein persons cited for a violation do not waive trial and admit the violation or default in appearance before the Town Clerk-Treasurer shall be referred to the Town Attorney for filing with the appropriate court in the county.
      (2)   Compliance: it shall be the responsibility for the owner or lessee of the golf cart to comply with the provisions of §§ 73.05, 73.06, 73.07, 73.09 and 73.10. The failure to comply with those requirements of §§ 73.05, 73.06, 73.07, 73.09 and 73.10 shall constitute a violation of §§ 73.01 through 73.16 by the owner or lessee of the golf cart. It shall be the responsibility of the operator of the golf cart to comply with the provisions of §§ 73.05, 73.06, 73.07, 73.09 and 73.10 (including specifically responsibility for the actions of all occupants) as set forth in § 73.08. The failure to comply with the requirements set forth in §§ 73.05, 73.06, 73.07, 73.09 or 73.10 shall constitute a violation of §§ 73.01 through 73.16 by the operator.
   (C)   (1)   Any person who violates any provision of §§ 73.30 through 73.44 shall be deemed guilty of a violation and, upon conviction, shall be fined pursuant to the following:
         (a)   First offense in a calendar year: $50;
         (b)   Second offense in an calendar year: $100; and
         (c) Third offense in a calendar year: $150.
      (2)   Each day that a violation occurs constitutes a separate offense.
(Ord. 2017-3, passed 7-5-2017; Ord. 2017-4, passed 7-5-2017)