(a) For purpose of this section an “All-Purpose Vehicle” shall mean an all-purpose vehicle as defined by Section 476.01 of this Chapter.
(b) No all-purpose vehicle shall be operated on any private property within the city unless all of the following conditions and limitations have been complied with by the operator:
(1) When the operator does not reside or own the property said vehicle is being operated on, the operator shall possess written permission of the owner of the property;
(2) The all-purpose vehicle shall not be operated within 100 feet of any public sidewalk or within 120 feet of any public street where a sidewalk does not exist; and
(3) The all-purpose vehicle shall not be operated within 250 feet of any residential dwelling not on the property upon which the ATV is being operated upon.
(4) The all-purpose vehicle shall only be operated within the Municipal limits of the City of North Royalton:
A. Between the hours of 9:00 a.m. and 7:00 p.m. Monday through Friday, and
B. Between the hours of noon and 7:00 p.m. Saturday, and
C. Between the hours of noon and 6:00 p.m. on all legal holidays and Sundays;
(5) There shall be no more than three all-purpose vehicles operating on any property at a time;
(6) Noise and/or dust. The operator shall not unreasonably make, cause to be made or continue to be made any noise, or dust which disturbs the reasonable peace of the area within which the operator is operating any ATV.
(c) No owner of the property wherein the all-purpose vehicle is being operated shall recklessly permit an individual to violate division (b)(1) of this section. No owner of property wherein an all-purpose vehicle is being operated shall knowingly permit an individual to violate divisions (b)(2) through (6).
(d) Whoever violates this section is guilty of a minor misdemeanor on the first offense: on the second offense within one year after conviction of the first offense the person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the second offense within one year the person shall be guilty of a misdemeanor of the third degree.
(e) When an operator of an ATV is arrested twice within two years for this offense the ATV shall be impounded.
(f) This section does not apply to a person operating an ATV under the following circumstances:
(1) Medical or health emergencies;
(2) Grass cutting or field plowing;
(3) Snow plowing;
(4) Commercial establishments who build, sell, or repair ATV's or any agricultural related activity;
(5) Moving the ATV onto a trailer for purposes of transportation or removing said ATV from a trailer for parking or storage purposes;
(6) Repairing such ATV in an enclosed structure.
(g) As used in this section legal holiday means any federal or state holiday wherein the U. S. Postal Service does not deliver mail.
(Ord. 08-71. Passed 4-1-08; Ord. 09-114. Passed 11-4-09.)