(A) Definitions. The following words, when used in this section, shall have the meanings respectively ascribed to them in this section, except when the context otherwise requires.
RECREATIONAL MOTORIZED VEHICLE.
Motorcycle, trailbike, dirt bike or similar vehicle as defined in F.S. § 316.003 as it presently exists or as it may hereafter be defined, dune buggy or all-terrain vehicle as defined in F.S. § 316.2074 as it presently exists or as it may hereafter be defined, any of which have a motor which produces five or more horsepower.
VACANT PROPERTY.
Any private or public real property which contains no structures or which solely contains abandoned or uninhabitable structures or which is not surfaced with cement, concrete, asphalt and concrete, or other similar material, or which does not have a hard surface composed of mixtures of rock, sand or gravel bound together with a chemical or mineral substance other than natural soil.
(B) Prohibition. Except as expressly permitted in this section, it shall be unlawful for any person to operate a recreational motorized vehicle on vacant property, utility easements, or other unpaved public property, or on private property not owned by the rider or his immediate family without the express written consent of the property owner carried upon the rider's person, unless the property owner is physically present and verbally consents.
(C) Exceptions and permits.
(1) This section shall not apply to the operation of state registered motor vehicles, motorcycles or motor driven cycles upon the public streets, highways, roads, driveways, parking lots or garages or upon other areas specifically designated for vehicular use in the city.
(2) The prohibitions in this section shall not apply to the operation of bicycles, golf carts or to lawn mowers or other service machinery.
(3) The prohibitions in this section shall not apply to the operation of publicly owned or leased vehicles on any public property and being operated for a public purpose.
(4) Upon application, the City Manager may grant permits to persons for the operation of vehicles on public property for the following activities:
(a) Circuses, carnivals and other amusement shows;
(b) Programs sponsored, sanctioned or approved by the city or other governmental entity or agency;
(c) Racing on duly authorized or licensed tracks;
(d) Exhibitions of vehicles; and
(e) Testing of vehicles either by a proposed purchaser or by a dealer of vehicles in such areas as the City Manager designates for such use.
(5) Such permits shall not be deemed to exempt any holder of same from any other requirements regarding the particular activity permitted. The City Manager shall issue permits when all concerns for safety, noise and consent for use of the property have been addressed.
(Ord. 2001-52, passed 4-24-01) Penalty, see § 10.99