[Adopted 9-16-2003]
As used in this article, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE
Three-wheeled or four-wheeled motor vehicles, generally characterized by large, low-pressure tires, a seat designed to be straddled by the operator, and handlebars for steering, which is intended for off-road use by an individual rider on various types of nonpaved terrain. The term does not include four-wheeled vehicles which have low centers of gravity and are typically used in racing and on relatively level surfaces, commonly knows as "go-carts."
No all-terrain vehicle shall be operated:
A. 
On any public highway, or other public property, except as authorized by proper authorities, to the extent necessary to cross a public highway by the most direct route, or by law enforcement officers, firefighters, or rescue squad personnel responding to emergencies;
B. 
By any person under the age of 16, except that children between the ages of 12 and 16 may operate all-terrain vehicles powered by engines of no less than 70 nor more than 90 cubic centimeters displacement;
C. 
By any person unless he is wearing a protective helmet of a type approved by the Superintendent of State Police for use by motorcycle operators;
D. 
On another person's property without the written consent of the owner of the property or as explicitly authorized by law; or
E. 
With a passenger at any time, unless such all-terrain vehicle is designed and equipped to be operated with more than one rider.
Violation of any provision of this article shall be punishable by a civil penalty of not more than $500.
The provisions of this article shall not apply:
A. 
To any all-terrain vehicle being used in conjunction with farming activities; or
B. 
To members of the household or employees of the owner or lessee of private property on which the all-terrain vehicle is operated.