(a) Operation a Nuisance. It shall be, and hereby is, determined and declared to be a nuisance and against the public peace, health, safety and general welfare of the Village to permit or operate a snowmobile and/or other all-purpose vehicle upon private property without permission of the owner and in public parks and other real property owned by the Village. Snowmobiles and all-purpose vehicles are defined as follows:
(1) "Snowmobile" means any self-propelled vehicle designed primarily for use on snow or ice, and steered by skis, runners or caterpillar treads.
(2) "All-purpose vehicle" means any self-propelled vehicle designed primarily for cross-country travel on land and water, or on more than one type of terrain, and steered by wheels or caterpillar treads, or any combination thereof including vehicles that operate on a cushion of air, all-terrain vehicles, all-season vehicles, but excluding any motor vehicle required to be registered under Ohio R.C. Chapter 4503 or Chapter 4561, or any vehicle excepted from definition as a motor vehicle by Section 301.20.
(b) Impoundment. Any owner or operator who permits any snowmobile or all-purpose vehicle as defined herein to be operated on the private property of another within the Village limits without the permission of the owner of such real estate, or upon any public parks or other publically owned property within the Village, shall be subject to impoundment of such vehicle in order to abate the nuisance to the residents of the Village. The Police Department, its personnel and authorized agents shall be empowered hereby to impound any such vehicle found operating as aforesaid and to hold same until payment of the impoundment fee, as set forth in subsection (c) hereof.
(c) Impoundment Fee. An impoundment fee is hereby established to assess the costs of abating the nuisance. When the Police Department has abated a certain nuisance by impounding the vehicle as defined herein, such vehicle shall be held in an impoundment facility until claimed by the owner or operator thereof. The owner or operator of the vehicle shall be assessed an impoundment fee in the amount of one hundred dollars ($100.00) on the first violation, and an impoundment fee of two hundred dollars ($200.00) for any subsequent impoundment. No snowmobile or all-purpose vehicle as defined herein shall be released to either the owner or operator without payment of the impoundment fee.
(d) Section to Supplement Other Laws. The declaring of the nuisance, abatement thereof, and charge of impoundment fee shall in no way be considered a criminal offense. Likewise, such impoundment fee shall be in addition to any other criminal violations perpetrated by the owner or operator of such vehicles. This chapter shall be enforced in addition to the provisions of this section. Likewise, all other criminal offenses such as trespass and related offenses to the operation of such vehicles shall be enforced in addition to the provisions hereof.
(Ord. 5-82. Passed 2-22-82.)
CODIFIED ORDINANCES OF WALBRIDGE