ORDINANCE NO.  1462-13

AN ORDINANCE RESTRICTING THE OPERATION OF SNOWMOBILES,

OFF-HIGHWAY MOTORCYCLES, AND ALL-PURPOSE VEHICLES

WITHIN THE VILLAGE OF PAULDING, OHIO AND REPEALING

ORDINANCE NO. 1268-02 IN ITS ENTIRETY

 

WHEREAS, the operation of snowmobiles, off-highway motorcycles, and all-purpose vehicles in conjunction with normal vehicular traffic on the public thoroughfares of the Village of Paulding poses a danger to the safety of the operator of these motor vehicles and the operators of other vehicles and the public, and

 

WHEREAS, the operation of a snowmobile, off-road motorcycle, and all-purpose vehicles in the Village of Paulding has repeatedly been abused by individuals who maliciously trespass on private property and public parks, often doing significant property damage.

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OT THE VILLAGE OF PAULDING, THAT;

 

Section 1. For the purpose of this ordinance which relates to the operation of snowmobiles, off-road motorcycles, and all-purpose vehicles within the corporation limits of the Village of Paulding, the following definitions shall be applicable:

 

(1)    "Snowmobile" - means any self-propelled vehicle designated primarily for use on snow or ice and steered by skis, runners or caterpillar treads.

(2)     "Off-Road Motorcycles" - every motorcycle that is designed to be operated primarily on lands other than a street or highway.

(3)     "All-Purpose Vehicles" - any self-propelled vehicle designed primarily for cross country travel on land and water, or on more than one type of terrain, and steered by wheels or caterpillar treads, or any combination thereof, including vehicles that operate on cushion of air, vehicles commonly known as all-terrain vehicles, all season vehicles, mini bikes, and trail bikes.

(4)     "Owner" - means any person, firm, or corporation, other than lien holder or dealer, having title to a snowmobile, off-highway motorcycle, or all-purpose vehicle, or other right to the possession thereof.

(5)     "Operator" - any person who operates or is in actual physical control of a snowmobile, off-highway motorcycle, or all-purpose vehicle.

(6)     "Public Thoroughfare" - means the entire width between the boundary lines of any highway, road, street, avenue, alley, public place, or public driveway within the corporation limits, and subject to the jurisdiction of the Village of Paulding.

(7)     “Private Property” - means all land located within the corporation limits of the Village of Paulding, Ohio, that is not owned by the Village of Paulding, Ohio, or dedicated to the public use.

 

Section 2. No person shall operate a snowmobile, off-highway motorcycle or all-purpose vehicle upon any property publicly owned or leased by the Village of Paulding.

 

Section 3. No person shall operate a snowmobile, off-highway motorcycle or all-purpose vehicle upon or within any public thoroughfare within the Village of Paulding, except as permitted in Section 5 as set forth below.

 

 

Section 4. No person shall operate a snowmobile, off-highway motorcycle or all-purpose vehicle on any private property within the Village of Paulding, except as permitted in Section 5 as set forth below.

 

Section 5.   The operation of all-purpose vehicles with an attached snowplow shall be permitted on public and private property within the Village of Paulding only for the purpose of snow removal. In order to operate an all-purpose vehicle with a snowplow the owner of operator said all-purpose vehicle shall be required to have a valid vendor’s license from the Office of the Paulding County Auditor.

 

Section 6. Any operator of a snowmobile, off-highway motorcycle or all-purpose vehicle who violates this ordinance shall be deemed guilty of a minor misdemeanor shall be fined not more than $100.00 for the first such offense; whoever is convicted of or is found guilty of a second offense within one (1) year after the first offense shall be guilty of a misdemeanor of the fourth degree and shall be imprisoned or jailed for not more than thirty (30) days and fined not more than $250.00; whoever is convicted of or is found guilty of each subsequent offense after the first and second offense within one (1) year shall be guilty of a misdemeanor of the third degree and shall be imprisoned or jailed not more than sixty (60) days and shall be fined not more than $500.00.

 

Section 7. Ordinance No. 1268-02 shall be and hereby is repealed in its entirety.

 

Section 8.This Ordinance shall take effect and be in force from and after the earliest period allowed by law.

 

PASSED:  10/7/2013

                                                                                                                                   Greg A. White                                                                                                                                                                                       Mayor

 

ATTEST:

 

Melissa S. Tope

Clerk-Treasurer

 

 

1st Reading:  8/19/2013

2nd Reading:  9/3/2013                                                 (Or) Rules Suspended: _____________              

3rd Reading:  10/7/2013