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:
MOTOR VEHICLE
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:
A.
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.
B.
By or at the direction of public employees or utility company
employees as part of their employment duties.
C.
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.
OFF-ROAD
A.
Any location which:
(1)
Is not a paved or maintained public street or alley;
(2)
Is not used or maintained by the owner or lessee of land as
a driveway, parking lot or other way for motor vehicles; or
(3)
Is a private trail for use only by the owner or his/her permittees
for recreational or other vehicular use.
B.
"Off-road" shall not include any creekbed, riverbed or lake;
provided, however, that this subsection shall not apply to snowmobiles
or other vehicles being operated on the ice covering such creekbed,
riverbed or lake.
OPERATION
The physical manipulation or activation of any of the controls
of a motor vehicle necessary to put it in motion.
UNAUTHORIZED
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.