In this Section: Department means the County Police Department. Off-the-road vehicle means a motor vehicle that: (a) has a saddle or seat for use of the rider; (b) is designed to travel on two or more wheels in contact with the ground; (c) is designated generally for use off public roads; (d) is not subject to registration requirements under the Maryland Vehicle Law; and (e) generally includes the following vehicles: an off-the-road motorcycle, an all terrain vehicle, or a motorized minibike. Off-the-road vehicle does not include: (a) moped as defined in Section 11-134.01 of the Transportation Article, Maryland Code; (b) farm vehicle as defined in Section 13-911 of the Transportation Article, Maryland Code; (c) a motorized golf cart; (d) a mobility device for a disabled person such as an electric motor-driven wheelchair or scooter; or (e) a lawn mower or any other vehicle used on agricultural, park, or residential property primarily for agricultural, gardening, landscaping, or lawn care purposes. Operate means to exercise physical control over the speed or direction of or physically manipulate or activate any controls of an off-the-road vehicle. Operator means a person who operates, who is responsible for the operation of, or who supervises the operation of, an off-the-road vehicle.

An operator must wear the following safety equipment when operating an off-the-road vehicle: (1) a helmet that meets safety standards established by the Maryland Motor Vehicle Administrator; and (2) a protective eye device, unless the vehicle is equipped with a windscreen.

(a) An operator must not operate an off-the-road vehicle on County or Maryland-National Capital Park and Planning property without written permission of the County Executive, the Director of the Maryland-National Capital Park and Planning Commission, or a designee, except for employees or agents of the County, the Maryland-National Capital Park and Planning Commission, or other government agencies performing work or services on behalf of the County or a government agency. (b) An operator must not operate an off-the-road vehicle on private property unless: (1) the operator wears the required safety equipment as provided in Section 7A-2; (2) the operator has the express written permission of the property owner; (3) the operator, if 16 years of age or younger, is supervised by an adult; and (4) the operation is between the hours of 7 a.m. and 8 p.m.

(a) The Department may enforce the requirements of this Chapter. The Maryland-National Capital Park and Planning Police may enforce the requirements of this Chapter on Maryland-National Capital Park and Planning Commission property. (b) The Department and the Maryland-National Capital Park and Planning Police may impound an off-the-road vehicle used in violation of this Chapter. (c) The Department may: (1) hold the off-the-road vehicle until the owner claims the vehicle and pays all fines or fees; (2) donate the off-the-road vehicle to a non-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, if the owner cannot be located and 60 days have elapsed from the date of impoundment; or (3) dispose of the off-the-road vehicle in the manner provided for abandoned motor vehicles in Section 31-63.

(a) The Department must educate County residents about the use of off-the-road vehicles and may work with the Office of Consumer Protection, the Office of Public Information, or any other government or non-government agency, group, or organization to conduct a public education campaign. By January 1 of each year, the Department must report to the Council on the activities conducted for the public education campaign and the number and type of citations issued for violations of this Chapter. (b) A retail seller of an off-the-road vehicle must post a sign, and make available written information, summarizing State and County law on the use of off-the-road vehicles in each retail location. Each sign and item of written information must be submitted to the Office of Consumer Protection.

A violation of this Chapter is a class C violation.