A. Definitions: The following words and phrases, when used in this section, shall, for the purpose hereof, have the meanings respectively ascribed to them, except when the context otherwise requires:
ALL-TERRAIN VEHICLE: Any motorized off highway device fifty inches (50") or less in width, having a manufacturer's dry weight of six hundred (600) pounds or less, traveling on three (3) or more low pressure tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control.
OFF HIGHWAY MOTORCYCLE: Any motorized device designed to travel primarily off highway on two (2) wheels, having a seat or saddle for the use of the operator, upon or by which any person or property may be transported or drawn.
PRIVATE ROAD: Every way or place in private ownership (but excluding private driveways) and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
PRIVATELY MAINTAINED ROAD: Any nonpublic road, whether dedicated by easement, plat or otherwise, not maintained by any public entity but used or useful for access by police, fire or other emergency vehicles, and used for vehicular travel by the owner or owners and those having express or implied permission from the owner or owners, but excluding any driveways which provide access to a single residential parcel only.
SNOWMOBILE: Any self-propelled device designed for travel on snow or ice or natural terrain steered by skis or runners, and supported in part by skis, belts or cleats.
B. Prohibited Operation: Operation of all-terrain vehicles, off highway motorcycles and snowmobiles on any private roads or streets, including all privately maintained roads and highways within the village, is hereby declared to be a public nuisance and shall be unlawful except as otherwise provided as follows:
1. Permitted Direct Road Crossings: All-terrain vehicles, off highway motorcycles and snowmobiles may make a direct crossing of a private road or street, or privately maintained road or highway provided:
a. The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the street, road or highway, and at a place where no obstruction prevents a quick and safe crossing;
b. The all-terrain vehicle, off highway motorcycle or snowmobile is brought to a complete stop before attempting a crossing;
c. The operator of the all-terrain vehicle, off highway motorcycle or snowmobile yields the right of way to all pedestrian and vehicular traffic which constitutes a hazard; and
d. That when crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road or highway. (Ord. 94-29, 12-6-1994)
2. Operation In Forest Preserves: This section shall not be construed to prohibit the use or operation of any all-terrain vehicle, off highway motorcycle or snowmobile in any land under the jurisdiction of a forest preserve district, to the extent that such vehicles are expressly authorized to operate within the forest preserve pursuant to applicable ordinances, rules or regulations of said district or police related functions. (Ord. 94-29, 12-6-1994; amd. 1998 Code)
C. Enforcement: The Wayne police department shall enforce the provisions of this section except that no citation for violation thereof shall be issued if a citation may be issued for violation of any applicable provision of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/11-101 et seq., or the snowmobile registration and safety act, 625 Illinois Compiled Statutes 40/1-1 et seq. (Ord. 94-29, 12-6-1994)
D. Penalty: Any person who violates or knowingly permits others to violate any provision of this section shall, upon conviction, be fined as provided in section 1-4-1 of this code for each offense. Each and every unlawful operation of an all-terrain vehicle, off highway motorcycle or snowmobile as provided herein shall constitute a separate offense. (Ord. 16-03, 5-17-2016)