432.39  VEHICLES ON FROZEN RIVER SURFACE.
   (a)   No person shall operate, cause to be operated or permit another person to operate any motor vehicle upon the frozen surface of the Vermilion River or any other waterway in the City, including automobiles, motorcycles, dirt bikes, mopeds, hot rods, dune buggies, motorized bicycles or any other similar type of motorized vehicle, for the reason that the same presents a hazard to both the operator and other persons and to property upon such frozen surface. However, this prohibition shall not apply to the following vehicles and circumstances:
      (1)   To vehicles whose characteristics, performance, engineering design and ordinary intention of use specifically render them capable of operation upon ice and snow surfaces, such as snowmobiles, all-terrain vehicles and three-wheel vehicles which are equipped with special tires or traction belts or tracks designed to allow control upon ice and snow surfaces;
      (2)   In times of emergency involving a real and present threat of injury or damage to life or property. In such cases, appropriate vehicles may be utilized upon the river surface in rescue or other safety missions.
      (3)   At times of festivals or special events recognized by the City and in which its safety forces have had a partial supervisory role, as pertaining to areas of operation, but not necessarily as pertaining to the safety of the river surface. Nothing herein shall be deemed to obligate the City to guarantee the safety of any person or property upon the frozen river surface since the same involves an element of risk for which the City cannot be a guarantor.
         (Ord. 84-47.  Passed 6-18-84.)
      
   (b)   Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor.  If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree.  If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.