§ 40-87. Unauthorized operation of motor vehicles on public or private property.

(a)

Purpose.

(1)

The unauthorized off-road operation of motor vehicles has resulted in serious damage to public and private lands, including damage or destruction of vegetation, animal life and improvement to the lands;

(2)

The unauthorized off-road operation of motor vehicles has resulted in the permanent scarring of land and an increase in both erosion and air pollution;

(3)

The unauthorized off-road operation of motor vehicles has resulted in collisions and near collisions threatening the life and safety of the operators of such vehicles as well as of other persons; and

(4)

The unauthorized off-road operation of motor vehicles has resulted in a loss of the privacy, quietude and serenity to which the owners and users of land are rightfully entitled.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Motor vehicle means 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. The term "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 section shall not be so defined while:

(1)

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.

(2)

It is being operated by or at the direction of public employees or utility company employees as part of their employment duties.

(3)

It is being operated 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.

(1)

The term "off-road" means any location which:

a.

Is not a paved or maintained public street or alley;

b.

Is not used or maintained by the owner or lessee of land as a driveway, parking lot or other way for motor vehicles; or

c.

Is a private trail for use only by the owner or his permittees for recreational or other vehicular use.

(2)

The term "off-road" shall not include any creek bed, riverbed or lake; provided, however, that this subsection shall not apply to snowmobiles or other vehicles being operated on the ice covering such creek bed, riverbed or lake.

Operation means the physical manipulation or activation of any of the controls of a motor vehicle necessary to put it in motion.

Unauthorized means 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.

(c)

Unauthorized off-road operation prohibited.

(1)

The unauthorized off-road operation of a motor vehicle is prohibited.

(2)

Except for authorized maintenance vehicles and snowmobiles or all-terrain vehicles operating in areas authorized by the town board, it shall be unlawful to operate any minibike, go-kart, all-terrain vehicle or any other motor-driven craft or vehicle principally manufactured for off-highway use on the town streets, alleys, parks, sidewalks, bikeways, parking lots or on any public lands or private lands or parking lots held open to the public. The operator shall at all times have the written consent of the owner before operation of such craft or vehicle on private lands.

(Prior Code, § 10-2-2)