The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
OFF-HIGHWAY VEHICLE
Any motor-driven vehicle which is designed for off-highway
recreation, including dirt bikes, power-driven cycles, minibikes,
and all-terrain vehicles, but excluding tractors and mopeds.
PROPERTY MAINTENANCE
The act of utilizing an off-highway vehicle, namely an all-terrain
vehicle (ATV) with four wheels, for the act of property maintenance,
including but not limited to gardening, cleaning, cutting, rolling,
hauling, tilling, scraping, and other means of general property repairs.
This definition is not intended to allow recreational riding, pulling
of passengers, more than one rider or any other use than property
maintenance. In addition, no person shall ride more than 15 miles
per hour while utilizing an off-highway vehicle for property maintenance.
SNOWPLOWING
The act of utilizing an off-highway vehicle, namely an all-terrain
vehicle (ATV) with four wheels, to plow snow on one's personal property
such as driveways, sidewalks, and other areas where plowing is customarily
needed. This definition is not intended to allow recreational riding,
pulling of sleds, more than one rider, or any other use than snowplowing
to remove snow from one's personal property. In addition, no person
shall ride more than 15 miles per hour while utilizing an off-highway
vehicle for snowplowing.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
Each violation of any provision of this Article
V shall be subject to the penalties and remedies described in §
1-3 of this Code, except that the forfeiture amount described in §
1-3A shall be not less than $25 and not more than $50 for each violation.
No person shall operate an off-highway vehicle as follows:
A. Within any platted subdivision of the Village, except when an all-terrain
vehicle is used exclusively for snowplowing and/or property maintenance.
B. On the property of another without his or her written consent.
C. Between the hours of 9:00 p.m. and 8:00 a.m. except when an all-terrain
vehicle is used exclusively for snowplowing.
D. On the shoulder or in the drainage ditches of public streets and
highways, within the boundary of any public right-of-way, on the Village
streets, roads, parks, parking lots, or on any public lands or parking
lots held open to the public.
E. In excess of 30 miles per hour while it is being operated off of
a public street or highway.
F. With more than one passenger.
G. On a public street or highway unless the driver has an operator's
license and the vehicle is licensed by and meets the equipment requirements
of the state.
H. So as to race the engine or cause unnecessary or unusual noise which
annoys, disturbs, injures, or endangers the comfort, health, peace,
or safety of others.
I. Without a functioning muffler.
J. In a manner that would cause an unnecessary or unusual circulation
of dust.