§ 40-96. Definitions.

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

Carts are defined as a battery operated or electricity powered vehicle designed and manufactured for operation for sporting or recreational purposes with either a bench or bucket seat designed for and capable of carrying more than four persons, which meet the specifications outlined in this article.

• For purposes of this section only, cart will NOT include or refer to a Kubota RTV, John Deere Gator, Polaris Ranger, Kawasaki Mule or other similarly designed and operated vehicle.

• Cart does not include four-wheelers or other vehicles that do not meet the specifications as defined within this article and specifically does not include any gas powered vehicle.

DOTD means the department of transportation and development.

Driver means every person who drives or is in actual physical control of a vehicle.

Highway means the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels and ferries; synonymous with the word "street".

Local municipal authority means every council, commission, or other board given authority by the constitution and laws of this state to govern the affairs of a municipality.

Motor vehicle means every vehicle which is self-propelled. "Motor vehicle" shall also include any "golf cart" as described above, equipped with the minimum motor vehicle equipment appropriate for vehicle safety as required in this article.

Municipality means an incorporated village, town, or city created under the authority of the constitution or laws of this state.

Operator means every person, who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle.

Owner means a person who holds a legal title to a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale, lease, or transfer of possession thereof with the right of purchase upon the performance of the conditions stated in the agreement, with the right of immediate possession in the vendee, lessee, possessor, or in the event such similar transaction is had by means of mortgage and the mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee, possessor, or mortgagor shall be deemed the owner for the purposes of this article.

Police officer means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

Private road or driveway means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.

Right-of-way means the privilege of the immediate use of the highway.

Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular traffic, exclusive of the shoulder. A divided highway has two or more roadways.

Shoulder means the portion of the highway contiguous with the roadway for accommodation of stopped vehicles, for emergency use, pedestrian use, mobility aid use or bicyclists when other accommodations are not available, and for lateral support of base and surface.

Sidewalk means that portion of a highway between the curb lines, or the lateral lines of a highway, and the adjacent property lines, intended for the use of pedestrians.

State maintained highway means any highway in this state which is contained in the state highway system as defined by law or which is maintained by the department.

Street means the entire width between the boundary lines of every way or place of whatever nature publicly maintained and open to the use of the public for the purpose of vehicular travel, including bridges, causeways, tunnels, and ferries; synonymous with the word "highway".

Traffic means pedestrians, vehicles, and other conveyances either singly or together while using any highway for purposes of travel.

Traffic control device means all signs, signals, markings, and devices, not inconsistent with this article, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.

Traffic control signal means a type of highway traffic signal, manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

Vehicle means every device by which persons or things may be transported upon a public highway or bridge, except devices moved by human power or used exclusively upon stationary rails or tracks. A bicycle or a ridden animal shall be a vehicle, and a trailer or semitrailer shall be a separate vehicle.

(Ord. No. 197, 12-3-2012)