(A) Purpose. It is the purpose of this section to regulate the recreational use of all-terrain vehicles and motorized dirt bikes in the village.
(B) Definitions. Unless the context clearly indicates otherwise, the following words, combinations of words, terms, and phrases used in this section have the meanings set forth below:
ALL-TERRAIN VEHICLE or ATV. A motorized flotation-tired vehicle of not less than three low pressure tires, but not more than eight tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 900 pounds.
MOTORIZED DIRT BIKE. A vehicle traveling on two wheels and capable of cross-country travel on natural terrain without benefit of a road or trail.
OFF HIGHWAY VEHICLE. Both an all-terrain vehicle or ATV and a motorized dirt bike as defined herein or either of them.
(C) Use of off highway vehicles. An off highway vehicle may be recreationally used within the village but only on the condition that the operator adheres to the following:
(1) No off highway vehicle may be recreationally used within the village within 100 feet from any dwelling unit.
(2) No more than two persons who are not residents of any particular lot may simultaneously recreationally use off highway vehicles on that lot. It is the responsibility of the owner(s) of that lot to enforce this restriction, and the owner(s) of that lot shall, in addition to the individuals using the off highway vehicles, be liable for any violation of this section.
(3) An off highway vehicle may be recreationally operated within the village only during the following hours: 9:00 a.m. through 11:00 a.m., 1:00 p.m. through 4:00 p.m. and 6:00 p.m. through 8:00 p.m.
(4) No person shall recreationally operate an off highway vehicle on any lot unless that person is the owner of said lot or has the consent of the owner to operate the off highway vehicle on that lot.
(5) No person shall operate an off highway vehicle on any real property owned or leased by the village, including, but not limited to, any real property owned or leased by the village for use as a recreational park, without the express written permission of the Mayor, said permission being limited to maintaining or “dragging” a softball or baseball field located on village property.
(D) Exemptions. The following use is exempt from this section:
(1) The use of any off highway vehicle by an officer, employee, or agent of the city village or of any other governmental unit in the course of official governmental business.
(2) This section shall apply only to the recreational use of off highway vehicles and shall not limit the use of off highway vehicles for snow plowing, towing, agricultural, commercial or emergency use.
(E) Penalty. Any person, firm, corporation, or association which violates any provision of this Ordinance shall be guilty of a minor misdemeanor for the first offense punishable by a maximum fine of $150, a fourth degree misdemeanor for the second offense punishable by a maximum fine of $250 or 30 days in jail, or both, and a third degree misdemeanor for any subsequent offense punishable by a maximum fine of $500 or 60 days in jail, or both.
(Ord. 42, passed 7-2-07; Am. Ord. 45, passed 8-2-07; Am. Ord. 54, passed 6-18-08)