ORDINANCE #13-2015 ORV

ORDINANCE #13-2015

AN ORDINANCE TO REGULATE THE OPERATION OF

ORV’S WITHIN THE VILLAGE OF BARRYTON

 

 

Sec. 1 Purpose

The purpose of this ordinance is to regulate the operation of Off Road Vehicles, (ORV’S) within the Village of Barryton

Sec. 2 Definitions

For the use in this ordinance the following terms are defined:

 

  • “Off Road Vehicle” or “ORV” means a 3 or 4-wheeled vehicle designed for off-road use that has low-pressure tires, has a seat designed to be straddled by the rider, or driver and passenger ride side by side and is powered by a gasoline engine at least 50cc or an engine of comparable size using other fuels including electric. Side by Side ORVs and Golf Carts are included.       All ORV’s operated in the Village shall be equipped with a lighted headlight and lighted taillight.

 

 

Sec. 3 General Regulations

No Person shall operate an ORV or within the Village in violation of the provisions of Village Ordinance 13-2015 or rules.

Sec. 4 ORV Regulation

1.Legal Operators: A person under 18 years of age shall not operate an ORV pursuant to this section unless the person is in possession of a valid driver license or under the direct supervision of a parent or guardian and the person has in his or her immediate possession an ORV safety certificate issued pursuant to this part or a comparable ORV safety certificate issued under the authority of another state or a province of Canada. A person under 12 years of age shall not operate an ORV pursuant to this section.

Sec. 5 Rules of Operation

The operators of ORV’s shall comply with the following restrictions as to where ORVs may be operated within the Village:

  1. Streets and Manner of Operation: Operators may travel with the flow of traffic, single file, on the far right side of any village street, obey all traffic signals and signs.  Operators may travel at a maximum speed of 25 mph. Operators under the age of 17 must wear a helmet whether on public or private property
  2. Prohibited AreasThe operators of ORV’s shall comply with the following restrictions as to where ORV’s are prohibited to operate within the Village:Parks and Other Village Land:ORV’s shall not be operated in any park, alley, playground or upon any other village-owned property unless permission granted by the village council.

    Sidewalk:

    ORV’s shall not be operated upon a public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except for purpose of crossing the same public street.

    Private Property

    ORV’s shall not be operated on the property, yard, driveway, or any other portion of a village resident’s private property without the operator first obtaining permission from the property owner.  (i.e. cutting through yards)

     

    3. Hours of Operation

    ORV’s shall be operated in the Village only between the hours of six o’clock (6:00) a.m. through twelve o’clock midnight on Sunday through Thursday and from six o’clock (6:00) a.m. Friday and Saturday through two o’ clock (2:00) a.m. Saturday and Sunday except for emergency situations or for loading and unloading from a transport trailer

    4. Negligence

The owner and operator of an ORV is liable for any injury or damage occasioned by the negligent operation of the ORV.  The owner of an ORV shall be liable for any such injury or damage only if the owner was the operator of the ORV at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ORV at the time the injury or damage occurred.

Sec.6 Penalties

 

(1)           The penalty for a violation of this ordinance shall be a Village civil infraction with a fine of not less than $25 dollars and not more than $500, plus costs of not less than $9 and not more than $500. Costs may include all expenses, direct and indirect, to which the Village has been put in connection with the Village civil infraction up to the entry of judgment. The Village may seek or employ all other remedies and sanctions available under state law for municipal civil infractions.

(2)           The penalty for repeat offenses of the same ordinance provision within two years of a prior offense shall be a fine of not less than $50 and not more than $1,000, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.

 

Section 7 Severability

The provisions of the Ordinance are hereby declared to be severable, and if any part is declared invalid for any reason by a Court of competent jurisdiction, it shall not affect the remainder of the Ordinance which shall continue in full force and effect.

Sec. 8 Notice to be published

The Village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE SHALL TAKE EFECT THIRTY (30) DAYS AFTER PUBLICATION. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT ARE HEREBY REPEALED.

I hereby certify to the adoption of this ordinance at the April 8, 2015 council meeting and cause the same to be published as required by law.

Yeas___5_       Nays___0____        Ordinance declared: Adopted

Published April 17, 2015     Effective Date May 8, 2015

 

 

___Jennifer Trelfa_____________

Village Clerk

 

___Deb Buehner______________

Village President