Chapter 219

 VEHICLES, OFF-HIGHWAY

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 6-11-1981 as Ord. No. 162. Amendments noted where applicable.]

~ 219-1. Definitions.

  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.

~ 219-2. Operation of OHV's.

  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.

~ 219-3. Exclusions.

  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.

~ 219-4. Violations and penalties.

  Any person convicted of a violation of any provision of this ordinance shall be fined not less than fifty dollars ($50.) nor more than three hundred dollars ($300.).