Proposed Draft OHV Ordinance

By By

DRAFT
ORDINANCE NO.__________________
AN ORDINANCE DESIGNATING EMERY COUNTY ROADS, STREETS OR HIGHWAYS OPEN FOR OFF-HIGHWAY VEHICLES AND ESTABLISHING REGULATIONS RELATED THERETO
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 map description as being open to OHV use by the controlling agency (UCA 41-22-10.1) ; and,
WHEREAS, Emery County is desirous of cooperating with 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 recreational activities (UCA 41-22-20); and,
WHEREAS, Emery County desires to define OHV and identify appropriate OHV travel routes within Emery County;
NOW, THEREFORE, the Emery County Board of Commissioners ordains as follows:
SECTION ONE
DEFINITION AND DESIGNATION
1. OFF-HIGHWAY VEHICLE (OHV) shall be defined as: “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) and (11).
2. Emery County Roads designated as being open for public travel for OHVs shall be defined and designated by an “Off-Highway Vehicle Travel Map.” This map shall be maintained by the Emery County Commission and may be changed, modified or amended by Emery County through the public process. These maps will be made available to the public and will be posted in public places.
SECTION TWO
PROVISIONS FOR USE OF OHV
Any person operating an OHV is subject to all of the provisions of Title 41 Chapter 6, Utah Code Annotated (1953), as amended (Traffic Code), which includes, but is not limited to:
1. No person under 8 years of age will be allowed to operate an OHV on the Emery County designated off-highway system. An exception to this may apply under Section 41-22-29 in relation to a “sanctioned race”. 2. OHV operators between the ages of 8 and 16 must possess an OHV education certificate as issued by the Utah Division of Parks and Recreation (UCA 42-22-30). 3. All operators sixteen years of age and older must possess a valid operator’s license as provided in Title 53, Chapter 3, Uniform Driver License Act (UCA 42-22-30). 4. All riders under the age of 18 may not operate or ride an off-highway vehicle on the system unless the person is wearing a properly-fitted Snell or DOT approved protective headgear designated for motorized use (UCA 41-2-10.8). 5. No person between eight and sixteen years of age may operate an off-highway vehicle on the system unless under the direct visual supervision of an adult who is at least 18 years of age or older (UCA 41-22-1.5 and 41-22-18). 6. All users of the Emery County off-highway vehicle system must obey all traffic and other safety laws and rules as designated (UCA 41-6-44. 7. All users of the Emery County off-highway vehicle system must obey the posted speed limit.
SECTION THREE
EXCEPTIONS
No person may operate an off-highway vehicle on Emery County 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 (UCA 41-22-10.3). 2. 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). 3. 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).
SECTION FOUR
OHV REGISTRATION
All vehicles operated on the Emery County off-highway road system must be registered as an OHV by the Utah Division of Motor Vehicles or duly registered by the appropriate agency in the state in which the owner of the vehicle is a resident (UCA 41-22-3). Vehicles that are currently registered for highway use shall have a valid motor vehicle safety inspection certificate (UCA 41-22-9).
SECTION FIVE
EQUIPMENT
An OHV used on the Emery County off-highway system must be equipped with:
1. Brakes adequate to control the movement of and to stop and hold the vehicle under normal operating conditions. 2. Headlights and taillights when operating between sunset and sunrise. 3. A noise control device. 4. A spark arrester (UCA 41-22-10.7).
SECTION SIX
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 $82.00.
This Ordinance shall become effective on the ______day of ______________, 2005 or 15 days after its adoption and publication has been made as required by law, whichever date is later. This Ordinance was duly approved and unanimously adopted by the County Commission of Emery County, Utah, on the _____ day of ___________, 2005.
BOARD OF COUNTY COMMISSIONERS OF EMERY COUNTY
By ____________________________________
Chairman
Copies of the maps which accompany the draft ordinance are available on the Emery County website.