As used in this chapter, the following terms
shall have the meanings indicated:
OFF-HIGHWAY VEHICLE or OHV
A motor-driven off-road vehicle capable of cross-country
travel without benefit of a road or trail, on or immediately over
land, snow, ice, marsh, swampland or other natural terrain. It includes
but is not limited to a competition vehicle that is specifically designated
by its manufacturer as being intended solely for use during a special
or competitive event, and which is exclusively so used, a multiwheel
drive or low-pressure tire vehicle, a motorcycle or related two-wheel
vehicle, an amphibious machine, a ground effect air-cushion vehicle
or other means of transportation deriving motive power from a source
other than muscle or wind. "OHV" does not include a farm vehicle being
used for farming, a vehicle used for military, fire, emergency, public
works or law enforcement purposes, or construction or logging vehicle
used in performance of its common function, or a registered aircraft.
OHV OPERATOR
Includes every person who is in actual physical control of
an off-highway vehicle.
ORGANIZED OR SPECIAL EVENT
Any competition involving motor vehicles as defined above
that is conducted with the permission of the Council of the Town of
Elsmere having jurisdiction over the area concerned.
Except as hereinafter provided, it shall be
unlawful for any person to operate an OHV upon any property within
the limits of the Town of Elsmere.
An OHV may be operated on property located in
the Town only for a special event of limited duration, conducted according
to a prearranged schedule and with the permission of the Council of
the Town of Elsmere.
[Amended 9-18-2003 by Ord. No. 420]
Any person in violation of any provision of
this chapter shall be fined not less than $50 nor more than $300.