(a) "Utility Vehicle" has the same meaning as found in Revised Code 4501.01 (VV); to wit: a self-propelled vehicle designed with a bed, principally for the purpose of transporting material or cargo in connection with construction, agricultural, forestry, grounds maintenance, lawn and garden, materials handling, or similar activities.
(b) The organization known as the Holmes County Antique Festival may apply in writing with the Village of Millersburg Chief of Police to operate a utility vehicle during the festival known as the Holmes County Antique Festival.
(c) The organization known as Historic Downtown Millersburg may apply in writing with the Village of Millersburg Chief of Police to operate a utility vehicle during the festival known as Thunder Over Holmes County.
(d) The Chief of Police may approve the application if the following conditions are met:
(1) The application shall be submitted at least sixty (60) days prior to the beginning of the event.
(2) The application shall be submitted by a duly authorized agent of the festival committee.
(3) The application shall be limited to one, and only one, designated utility vehicle.
(4) The application shall specify the make, model and serial number of the utility vehicle to be used. Said vehicle must be registered in accordance with Chapter 4503. of the Revised Code and titled in accordance with Chapter 4505. of the Revised Code.
(5) The use of the utility vehicle shall be strictly limited to the set- up, operation and tear down of the festival for such activities as transporting festival supplies and removal and disposal of refuse from the event areas.
(6) The application shall specify the streets and alleys upon which the utility vehicle is proposed to be operated. At no time shall said utility vehicle be operated on any streets or highways having an established speed limit greater than 35 miles per hour.
(7) The vehicle shall only be operated by an individual who is eighteen (18) years of age or older who holds a valid Ohio operator's license.
(8) The designated utility vehicle shall pass an inspection to be conducted by the Village of Millersburg Police Department or its designated representative that complies with inspection requirements established by the Department of Public Safety under section 4513.02 of the Revised Code. The festival shall reimburse the Village for any and all costs of said inspection.
(9) The Chief of Police may approve the application as submitted or require the applicant to modify the application as deemed necessary by the Chief. After the permit is issued, the applicant may allow a duly authorized agent of the festival to operate the utility vehicle according to the terms of the permit.
(e) If Village Council determines that operation of a utility vehicle within the Village according to this ordinance is a danger to the health, safety and welfare of the public, Council shall review whether this ordinance should be amended or repealed.
(f) Whoever operates a utility vehicle in violation of this ordinance is guilty of a minor misdemeanor on a first offense; on a second offense within one year after the first offense, the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense, the person is guilty of a misdemeanor of the third degree. If the festival organization allows a person to operate a utility vehicle in violation of the terms and conditions of the permit, the Village may prohibit the organization from obtaining a permit in the future.
It is found and determined that all formal actions of this Council concerning and relating to the adoption of this ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and of any of its committees that resulted in those formal actions were in meetings open to the public, in compliance with law.
(Ord. 2019-104. Passed 7-22-19.)