375.03 CODE APPLICATION; PROHIBITED OPERATION.

   (a)   The applicable provisions of this Traffic Code shall be applied to the operation of off-road vehicles which include snowmobiles, off-highway motorcycles, racing tractor (a lawn tractor with a modified engine and the mowing deck removed), vehicles specifically modified or used for recreational riding, and all-purpose vehicles (ATV) except that no road vehicle shall be operated as follows:

      (1)   On any street or highway except for emergency travel only during such time and in such manner as the State or local authority having jurisdiction over such street or highway shall designate, and except as provided in Section 375.04;

      (2)   Upon any property owned or leased by the Municipality except in areas designated for such purposes;

      (3)   On any private property, or in any nursery or planting area, without the permission of the owner or other person having the right to possession of the property;

      (4)   On any land or waters controlled by the State, except at those locations where a sign has been posted permitting such operation;

      (5)   On tracks or right of way of any operating railroad;

      (6)   While transporting any firearm, bow or other implement for hunting, that is not unloaded and securely encased;

      (7)   For the purpose of chasing, pursuing, capturing or killing any animal or wild fowl;

      (8)   During the time from sunset to sunrise, unless displaying lighted lights as required by Section 375.02.

   (b)   Off-road vehicles include snowmobiles, off-road motorcycles, racing tractor (a lawn tractor with a modified engine and the mowing deck removed) vehicles specifically modified or used for recreational riding, and all-purpose vehicles (ATV) may be operated within the Municipality subject to the following conditions:

      (1)   Each property owner must obtain a permit per property valid for a one (1) year period from the date of issuance which will then allow off-road vehicle, as defined in subsection (b) above, operation on that lot.

      (2)   Off-road operation permits shall be obtained and administered by the Police Department.

      (3)   Riding of an off-road vehicle is permitted 2 consecutive hours per day. The time starts when the first vehicle is first started and ends 2 hours later. Splitting of time will be allowed.

      (4)   An off-road vehicle cannot be operated within 10 feet from street, roadway, sidewalk;

      (5)   An off-road vehicle cannot be operated within 10 feet of a property line;

      (6)   Operation of an off-road vehicle is limited to the hours between 10:00 a.m. to 8:00 p.m. or dusk whichever comes first;

      (7)   Operation of an off-road vehicle is subject to all noise restrictions contained in both the General Offense and Traffic Code.

      (8)   Only unaltered stock mufflers are permitted on an off-road vehicle during operation;

      (9)   Competition vehicles are strictly prohibited from being operated as an off- road vehicle under this Section;

      (10)   No more than two (2) off-road operating vehicles are permitted on property with less than two (2) acres or more.

      (11)   Riding shall not create dust;

      (12)   Operation of an off-road vehicle in violation of any portion of this Section will be just and sufficient cause for revocation of that operator’s permit. The violator will be restricted from obtaining a permit for one (1) year from the date of the offense. A reinstatement fee of twenty-five dollars ($25.00) will be assessed. In no event shall an individual be issued a permit sooner than one (1) year from the date of any violation of any portion of this section.

   (c)   Notwithstanding any other provision contained in this section, it shall not be an offense for any person licensed to operate a motor vehicle to ride, operate, or otherwise use an all-purpose vehicle as prohibited by this section for the purpose of home repair, landscaping or plowing snow, or for the purpose of mechanical repair to the vehicle or for a test drive if selling the vehicle.

   (d)   The Municipality shall be exempt from the prohibitions contained herein when the use of such vehicle is for government purposes.

   (e)   Residents who wish to appeal a revoked permit shall file an appeal in writing and signed and dated accompanied with an appeal processing fee of ten dollars ($10.00) with the Mayor’s office no more than seven (7) days from date of the revocation.

   (f)   Whoever violates this section shall be guilty of a minor misdemeanor or upon conviction of a first offense and a misdemeanor of the fourth degree for each subsequent conviction.

(Ord. 52-2015. Passed 10-22-15; Ord. 15-21. Passed 4-22-21.)