[Adopted 10-6-2004 as
§ 10-4-2 of the 2004 Code]
The unauthorized off-road operation of motor vehicles has resulted
in:
A.
Serious damage to public and private lands, including damage or destruction
of vegetation, animal life and improvement to the lands.
B.
The permanent scarring of land and an increase in both erosion and
air pollution.
C.
Collisions and near collisions threatening the life and safety of
the operators of such vehicles as well as of other persons.
D.
A loss of the privacy, quietude and serenity to which the owners
and users of land are rightfully entitled.
For purposes of this article, the terms below shall be defined
as follows:
Any vehicle which is self-propelled and shall include but
not be limited to automobiles, trucks, jeeps, vans, motorcycles, motorbikes,
go-karts, motorized three-wheeled vehicles, all-terrain vehicles,
mopeds, snowmobiles, dune buggies and tractors. "Motor vehicle" shall
not mean any airplane, railroad train, boat, wheelchair or bicycle.
A vehicle which would otherwise be defined as a motor vehicle under
this article shall not be so defined while it is being operated:
Solely for the purpose of construction or maintenance of an
improvement to land or solely for access to construction or maintenance
sites provided such operation is by persons having legitimate business
on such lands or sites.
By or at the direction of public employees or utility company
employees as part of their employment duties.
By the holder of an easement or right of access on or over the
land on which operation is occurring or the holder's employees or
agents.
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
Without the express prior consent of the owner, lessee, manager
or other person authorized to give consent by the owner or lessee
of land. Authorization shall not be implied from a failure to post
private or public land.
A.
The unauthorized off-road operation of a motor vehicle is prohibited.
B.
Except for authorized maintenance vehicles and snowmobiles or all-terrain
vehicles operating in areas or on routes authorized by the City Council,
it shall be unlawful to operate any minibike, go-kart, all-terrain
vehicle, trail bike, or any other motor-driven craft or vehicle principally
manufactured for off-highway use on the City streets, alleys, parks,
sidewalks, bikeways, parking lots or on any public lands or private
lands or parking lots held open to the public, such property to include,
but not be limited to, shoulders of the road, roadway embankments
and sidewalks. The operator shall at all times have the written consent
of the owner before operation of such craft or vehicle on private
lands.
