ORDINANCE 2010-20

AN ORDINANCE AMENDING THE CITY CODE, TITLE 5, CHAPTER 2 OFFENSES, CRIMES AND TRAFFIC CODES, BY ADOPTING THE OFF HIGHWAY VEHICLES

WHEREAS, the City Council of Washing City desires to update and amend the City Code, Title 5, Chapter 2 Offenses, Crimes and Traffic Codes; and

WHEREAS, pursuant to State law, currently registered off-highway vehicles (OHV) may be operated on public land, trails, streets or highways that are posted by sign or designated by a map description as being open to OHV use by the controlling agency (UCA 41-22-10.1); and

WHEREAS, the City Council is desirous of cooperating with the public land administrative agencies who wish to:

A. Develop and maintain trails.

B. Develop and maintain staging areas.

C. Develop and maintain other related facilities appropriate for OHV use.

D. Promote safe, enjoyable, responsible, legal and appropriate forms of recreationalactivities (UCA 41-22-10); and,

WHEREAS, the City Council desires to define OHV and identify appropriate OHV travel routes with in Washington City:

THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF WASHINGTON CITY, WASHINGTON, UTAH AS FOLLOWS:

I.Amendment to City Code Title 5: Public Safety, Offenses & Traffic. The City Council of Washington City hereby approves and adopts the following Section: Off Highway Vehicles.

II.If any provision or clause of this Ordinance or application thereof to any person or entity or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other sections, provisions, clauses or applications hereof which can be implemented without the invalid provisions(s), clause(s) or application(s) hereof, and to this end the provisions and clauses of this Ordinance are declared to be severable.

III.This Ordinance supersedes or repeals the provision(s) of any ordinance(s) or resolution(s) that is (are) inconsistent with the provision of this Ordinance.

IV.This Ordinance shall take effect immediately upon publication or posting, as required by law.

PASSED AND ORDERED POSTEDon this 25thday of August 2010.

WASHINGTON CITY

________________________________

Kenneth F. Neilson, Mayor

ATTEST:

______________________________________

Danice B. Bulloch, City Recorder

OFF HIGHWAY VEHICLES

SECTION:

5-2F-1:Purpose

5-2F-2:Definitions

5-2F-3:Provisions for Use of OHV

5-2F-4:Prohibited Operation

5-2F-5:Exceptions

5-2F-6:Insurance

5-2F-7:Enforcement

5-2F-8:Penalty

5-2F-1PURPOSE: This ordinance is for the purpose of adopting in part the Utah Off-Highway Vehicle Act(Title 41 Chapter 22), Utah Code Annotated 1953, as amended and designating WashingtonCity roads, streets or highways open for off-highway vehicles and establishing regulations related thereto.

5-2F-2DEFINITIONS:

Off-Highway Vehicle (OHV) means:All Terrain Type 1 Vehicles, (ATV), All

Terrain Type II Vehicles, Off-Highway Vehicles and any motorized vehicles as defined

by Utah Code Section 41-22-2(2)(3).

Washington City Roads, Streets or Highways and Trails Designated as Being

Open for Public Travel for OHVs includes all present and future dedicated Washington

City streets except those listed below.All ATV travel should be the most direct route from the residence to Washington Fields Road or Washington Dam road on the south side of theVirgin River to the trail heads east or south and the most direct route to Main Street or Green Springs Drive (north of 100 north) to the north trail heads.All ATV travel from the north sideof the Virgin River Bridge to the south trails shall trailer to the trail heads east and south and all ATV travel from the south side of the Virgin River Bridge to the north trails shall trailerthe ATV's to the north trail heads.No person may operate an OHV upon any State street orhighway except to cross as provided for an UCA 41-22-10.3.The State and or City streets orhighways on which ATV use is prohibited are:

*Telegraph Road (entire road East to West)

*Telegraph and Green Springs Interchange (from 200 South to 100north)

*300 East/Washington Fields Road (from the Virgin River Bridgenorth to Telegraph) (No ATV travel allowed on Virgin River Bridge)

*Except for off-highway implements of husbandry used in accordance with UCA 41-22-5.5, aperson may not operate an OHV on any street or highway for any other purpose than to gainaccess to or from a private or public area open for OHVs.

Operate means to ride in or on and control the operation of an off-highwayvehicle.

Operator means an individual who operates or is in actual physical control of an off-highway vehicle.

Owner means a person, other than a lien-holder, having the property in or title toan off-highway vehicle and entitled to its use or possession.

Register means the act of assigning a registration number to an off-highwayvehicle in accordance with Section 41-22-3 of the Utah Code Annotated 1953.

5-2F-3PROVISIONS FOR USE OF OHV:

Any person operating an OHV is subject to all of the provisions of Title 41 Chapter6, Utah Code Annotated (1953), as amended (Traffic Code), which includes, but is notlimited to:

1.Unless otherwise provided for herein, no person under16 years of age will beallowed to operate an OHV on a Washington City road, street or highway designatedfor OHV use.

2.No person under the age of 16 may operate and no owner may give permission to a person under the age of 16 to operate an OHV on the designated roads, streets, and highways of Washington City.

3.All operators 16 years of age and older must possess a valid operators license as provided in Title 53, Chapter 3, Uniform Driver License Act.

4. All riders under the age of 18 may not operate or ride an off-highway vehicle on the designated roads, streets, and highways of Washington City unless the person is wearing a properly fitted Snell or DOT approved protective headgear designated for motorized use (UCA 41-2-10.8).

  1. 5. All users of roads, streets and highways designated for use by OHVs must obey all traffic and other safety laws and rules as designated (UCA 41-6-44).

6. All users of the Washington City designated off-highway roads, streets and highways may not operate a vehicle at a speed greater than 25 miles per hour and is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing, including when:

A.approaching and crossing an intersection or bridge crossing;

B.approaching and going around a curve;

C.approaching a hill crest;

D.traveling upon any narrow or winding roadway;

E.special hazards exist due to pedestrians, other traffic, weather or road conditions.

7.Even when no special hazard exist, an operator of an OHV will stay as far right on the roadway as possible and will not travel at a speed in excess of twenty-five (25) miles per hour at any time, upon any street, alley, highway, or other public ground or place in the city.

5-2F-4:PROHIBITED OPERATION:

It shall be unlawful for any person to drive or operate any off-highway vehicle in the following ways or under the following circumstances, which are hereby declared to be unsafe and a public nuisance:

  1. On a roadway, shoulder or inside bank of slope or any road, street or highway, except as provided in this Article.

  1. On direct crossing of a street or highway, unless:

  1. The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing.
  2. The off-highway vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
  3. The operator yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and
  4. In crossing a divided highway or a street of more than two lanes, the crossing is made only at an intersection of the highway with another public street or highway controlled by a traffic signal (UCA 41-22-10.3).

  1. Without being equipped with at least one head lamp, one tail lamp and brakes, all in working order, which conform to standards as prescribed in UCA 41-22-10.7.

  1. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property.

  1. While under the influence of intoxicating liquor or a controlled substance.

  1. Without a manufacturer installed or equivalent muffler in good working order and connected to the off-highway vehicles exhaust system. Mufflers must have a federally approved spark arrestor. Overall noise emission may not exceed 99 decibels at a distance of 20 inches. Mufflers may not be altered to increase motor noise, or have a cutout, bypass, or similar device (UCA 41-22-10.7).

  1. In a direction other than the same direction as other motor vehicles.

  1. Within the right-of-way of any road, street or highway while towing a sled, skid or other vehicle, unless the object towed is connected to the off-highway vehicle by a hinged swivel and secure hitch.

  1. In any municipal park or recreation area, except when posted as open to off-highway vehicles, and only along established paths and trails and within the hours permitted.

  1. Upon private property, other than that of the off-highway vehicle owner or operator, without express written permission of the owner.

  1. A.It shall be unlawful for any person operating or accompanying a person operating an OHV to refuse to immediately leave private land upon the request of the owner or person in charge of such land.
  1. B.No person operating or accompanying a person operating an OHV shall obstruct any entrance or exit to private property with an OHV, trailer or other vehicle without the owners permission.

C.It shall be unlawful for any person to tear down, mutilate, or destroy any sign, signboards, or other notice which regulates trespassing for purposes of operating an OHV on land, or to tear down, deface, or destroy any fence or other enclosure or any gate or bars belonging to any such fence or enclosure.

  1. 11.While carrying a strung bow or loaded firearm.

5-2F-5 EXCEPTIONS:

No person may operate an off-highway vehicle on Washington City roads, streets or highways not designated as open to OHV use, except:

  1. When crossing a highway, trail, or road and the operator comes to a complete stop before crossing; proceeds only after yielding the right-of-way to oncoming traffic; and crosses at a right angle. Must also be in compliance with Section 5-2F-5(2). (UCA 41-22-10.3)

  1. When loading or unloading an OHV from a vehicle or trailer which shall be done with due regard for safety and at the nearest practical point of operation. (UCA 41-22-10.3)

  1. When an emergency exists during any period of time and at those locations when the operation of conventional motor vehicles is impractical or when the operation is directed by a peace officer or public authority (UCA 41-22-10.3)

5-2F-6INSURANCE:

Utah Code Annotated 41-12a-301 (5) specifically states that owners or operators security is not required on off-highway vehicles registered under Section 41-22-3 when operated either:

  1. on a highway designated as open for off-highway vehicle use; or
  2. in the manner prescribed by Section 5-2F-7 above (UCA 41-22-10.3)

5-2F-7ENFORCEMENT:

Only peace officers of the state and their respective duly authorized representatives may enforce this section.

5-2F-8 PENALTY:

Unless otherwise specified, penalties for violation of this Ordinance shall be punishable as a Class C Misdemeanor (UCA 41-22-17) with a minimum fine of $750.00 $250.00.

Severability. If any section, clause or portion of this ordinance is declared invalid by a court of competent jurisdiction, the remainder shall not be affected thereby and shall remain in full force and effect.

Effective Date.This ordinance shall become effective immediately upon passage. It will have a sunset provision of 12 months from the date of passage for review.

Washington City

Ordinance 2010-20

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