(A) Intention. This section is intended to regulate the recreational use of ATVs and dirt bikes in residential and business zoning districts.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL TERRAIN VEHICLE (ATV). Any motorized, off-road recreational vehicle capable of cross-country travel on land, snow, ice, marsh, swampland or other natural terrain, including but not limited to, a multi-track, multi-wheel or low-pressure-tire vehicle, or related two-wheel, three-wheel, four-wheel or belt-driven vehicle, or an amphibious machine. The definition of ATV includes golf carts and snowmobiles. ATV does not include construction machines, utility vehicles used for business operations, agriculture, yard work, landscaping, snow removal or otherwise being used for their intended purpose.
DIRT BIKE. A motorcycle-type vehicle designed and built with special tires and suspension for riding on unpaved roads and over rough terrain.
OCCUPANT. A person who regularly resides on the property in question.
OPERATE. To use in any manner within the jurisdiction of the city.
OWNER. Any person who has legal or equitable title to the property on which the ATV or dirt bike is being operated.
PERSON. An individual, group of individuals, partnership, firm, association or any other entity.
PRIVATE PROPERTY. Any land, rights-of-way, roads or other real property owned, maintained, or otherwise under the control of any persons or entity other than the city, and not available for general use by the public.
(C) Operation and use.
(1) Owner or occupant. Only the owner or an occupant or their guests or invitees shall be permitted to operate an ATV or dirt bike on private property.
(2) Access limitation. No person shall go on or cross the land of another to operate an ATV or dirt bike without the written permission of the landowner, which written permission shall be carried on the person of the operator. No person shall use state or city roads to gain access to the land used for ATV or dirt bike vehicle operation.
(3) Setback requirements. A person operating an ATV or dirt bike must remain at least 100 feet from any adjoining or adjacent property line, and must remain at least 150 feet from an off-site residential dwelling.
(4) Maximum numbers, facilities and events.
(a) The operation of more than four ATVs and/or dirt bikes at one time requires an event permit from the city, provided the event is otherwise a permitted use under applicable city zoning and other ordinances.
(b) Where one or more structures, a track, a course, or one or more obstacles, including dirt mounds, are installed or arranged for use by ATVs and/or dirt bikes regulated under this section, a permit shall be obtained from the city, where the permit would not otherwise be in violation of city ordinances. Proper erosion and sedimentation controls shall be installed prior to use by the vehicles governed under this section.
(5) Time limitations. It shall be unlawful for any person, corporation, partnership or any other entity to operate an ATV or dirt bike for recreational purposes between the hours of 9:00 p.m. and 7:00 a.m. Operation of ATVs and dirt bikes will be limited to a one-hour session with a three-hour rest before the next operation of the vehicle. The rest period must he provided to prohibit disturbance of the peace within the city. Operation within this prohibited time period shall be considered a disturbance of the peace with the city.
(6) Noise limitation. No person shall operate an ATV or dirt bike without an effective and suitable muffling device on its engine which efficiently deadens or muffles the noise of the exhaust. At no point shall the sound intensity produced by an ATV or dirt bike exceed the noise control regulation standards defined in § 95.20.
(7) Speed limitation. No person shall operate an ATV or dirt bike at a speed greater than that is reasonable and prudent considering the existing conditions.
(8) Dust limitation. No person shall operate any ATV or dirt bike in any manner that creates dust that crosses onto any adjoining or adjacent property. Visible dust, mud or debris shall not leave the property boundaries of the parcel where vehicles governed by this section are operated.
(9) Livestock area restriction. No person shall operate, allow, or permit the operation of an ATV or dirt bike within 300 feet of any type of livestock.
(10) Environmentally sensitive area limitation. No person shall operate, allow or permit the operation of an ATV or dirt bike within a stream, creek, waterway, drainage way, wetland, or erosion-sensitive area, floodplain, or within 50 feet of such an environmentally sensitive area.
(D) Penalties for violation. A violation of this section shall be subject to a fine according the Uniform Fine Schedule in § 10.99. A violation shall also be deemed a public nuisance and subject to remedies provided for public nuisances. A violation shall revoke any permit issued under this section for a period of one year.
(Ord. 1553, passed 6-18-14)