(A) Purpose. To protect the health, safety and welfare of village residential neighborhoods from excessive and unnecessary noise, dust and fumes.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ATV. Any motorized off-highway vehicle designed to travel on three or more low-pressure tires powered by one or more internal combustion engine(s).
DIRT-BIKE. Any two-wheeled bicycle, minibike, trail bike and/or motorcycle powered by one or more internal combustion engine(s).
DWELLING. Any building or portion thereof designed and used exclusively for residential purposes, within an area zoned for residential use or legally nonconforming for such use under the South Roxana Zoning Code.
GO-KART. Any vehicle with three or more wheels powered by one or more internal combustion engine(s), excluding tractors, agricultural machinery and vehicles used for the care and maintenance of property.
(C) Operation on village streets. ATVs, dirt bikes, and go karts may not operate on village streets, property, alleys, or easements.
(D) Prohibition.
(1) It shall be unlawful for any person to operate or permit the operation of a dirt-bike, ATV or go-kart on private property within the corporate limits of the village, if said operation is within 300 feet of a dwelling, as defined herein.
(2) Dust limitation. No person shall operate any ATV or dirt bike in any manner which creates dust which crosses on to any adjoining or adjacent property. Visible dust, mud or debris shall not leave the property boundaries of the parcel where vehicles governed by this chapter are operated.
(3) Noise limitation. No person shall operate an ATV or dirt bike without an effective and suitable muffling device on its engine which efficiently deadens or muffles the noise of the exhaust. Operation of an ATV or dirt bike shall be subject to and compliant with the noise limitations, restrictions, and requirements.
(4) Setback requirements. A person operating an ATV or dirt bike on private property must remain at least 100 feet from any adjoining or adjacent property line and must remain at least 300 feet from an off-site residential dwelling.
(E) Exemptions.
(1) The provisions of this section shall not apply to the operation of tractors, agricultural or construction machinery and vehicles used during the care and maintenance of property.
(2) All-terrain vehicles owned and operated by a governmental entity for official use.
(F) Presumption of accountability. The occupant of the property or residential unit on which the prohibited activity takes place shall be presumed to have permitted the activity to occur and shall be deemed responsible for the illegal activity and shall be subject to the same punishment.
(G) Administration and enforcement. It shall be the duty of the Chief of Police or his or her designee, to administer and enforce the regulations contained herein.
(Ord. 21-04, passed 5-4-2021)