446.03 CODE APPLICATION; PROHIBITED OPERATION.
   (a)   The applicable provisions of this Traffic Code shall be applied to the operation of snowmobiles, off-highway motorcycles, and all-purpose vehicles, except that no snowmobile, off-highway motorcycle, or all-purpose vehicle shall be operated as follows:
      (1)   On any street, highway, limited access highway or freeway or the right-of-way thereof, except for emergency travel only during such time and in such manner as the Ohio Director of Public Safety or local authority having jurisdiction shall designate, and except as provided in Section 446.04;
      (2)   On any private property, or in any nursery or planting area, without the permission of the owner or other person having the right to possession of the property;
      (3)   On any land or waters controlled by the state, except at those locations where a sign has been posted permitting such operation;
      (4)   On the tracks or right-of-way of any operating railroad;
      (5)   While transporting any firearm, bow or other implement for hunting that is not unloaded and securely encased;
      (6)   For the purpose of chasing, pursuing, capturing or killing any animal or wild fowl;
      (7)   During the time from sunset to sunrise, unless displaying lighted lights as required by R.C. § 4519.20 or a substantially similar municipal ordinance.
      (8)   On any property located in a residential zoned district and within 200 feet of any building, street, or highway, or boundary line of an adjoining or abutting parcel.
   (b)   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 cutting;
      (3)   Snow plowing;
      (4)   Utility maintenance;
      (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.
   (c)   Whoever violates this section shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00), or imprisoned not less than three nor more than 30 days, or both, and shall be considered a misdemeanor of the fourth degree. A second offense shall be considered a misdemeanor of the third degree.
   (d)   When an operator of an ATV is found to have violated this section twice within two years, their ATV may be impounded.
(Ord. 2022-074. Passed 8-8-22.)