Chapter 10.20
OFF-ROAD RECREATIONAL MOTOR VEHICLES
Sections:
10.20.020 Prohibited vehicle uses.
10.20.030 Identification and proof of vehicle ownership.
10.20.040 Exempt vehicle uses.
10.20.010 Definitions.
In this chapter, unless the context otherwise requires:
A. “Off-road recreational motor vehicle” or “vehicle” means two-, three- and four-wheel motor vehicles manufactured or converted for recreational nonhighway all-terrain travel.
B. “Operate” means driving or having actual physical control over the vehicle.
C. “Wash” or “riverbed” means a watercourse having beds, banks, sides and channels through which either waters currently flow or through which flood waters flow periodically. [Prior code § 12-4-1.]
10.20.020 Prohibited vehicle uses.
No person shall operate an off-road recreational motor vehicle:
A. Upon any portion of any publicly owned washes or riverbeds within the town except to cross such washes or riverbeds from one bank to another within the boundaries of an existing, clearly defined highway, street, road, primitive roadway, trail or traveled way; or
B. Upon privately owned lands without notarized written consent of the owner, the owner’s agent or the person in lawful possession of such property. Such written consent shall be kept within a person’s possession while operating a vehicle and be shown upon the request of a peace officer; or
C. In such a way as to knowingly cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, institutional, educational, retail sales, hotel or business premises; or
D. At a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. In every event, speed shall be so controlled as may be necessary to avoid colliding with any object, person, animal life or other vehicle so as to comply with the duty of all persons to exercise reasonable care for the protection of others; or
E. In such a way as to damage landscaping on public or private lands, or so as to create significant erosion on such lands; or
F. In such a way as to cause excessive noise which disturbs the peace and quiet of a residential area to the extent that a complaint thereof is made to the police department; or
G. Unless all persons under the age of 18 years riding in or upon such vehicle are wearing adequate protective headgear that is properly fitted and fastened, that is designed for motorized vehicle use and that has a minimum United States Department of Transportation safety rating. [Ord. 2014-090 § 8; prior code § 12-4-2.]
10.20.030 Identification and proof of vehicle ownership.
A. All operators of off-road recreational vehicles shall carry proof of vehicle ownership, or a rental agreement and a driver’s license while operating such vehicles and shall show such documents upon the request of a peace officer. If an operator is unlicensed, then recent picture identification shall be carried.
B. For the purposes of this section, identification for minors may include a school picture I.D. with school or home address or a notarized statement consisting of the minor’s physical description and home address which is signed by a parent or guardian. [Prior code § 12-4-3.]
10.20.040 Exempt vehicle uses.
The provisions of this chapter shall not apply to a vehicle being used for:
A. Ranching or agricultural purposes;
B. Grading, construction or building trade purposes;
C. Mining purposes;
D. Licensed off-road business operations such as land surveying, public utility companies, sand and gravel operations and other similar enterprises;
E. Authorized emergency vehicle including towing services;
F. Governmental purposes by a government employee;
G. Golf carts on golf courses. [Prior code § 12-4-4.]
10.20.050 Exempt locations.
The provisions of this chapter shall not apply:
A. To vehicle operators on their own property, except when creating dust emissions as set forth in STC 10.20.020(C).
B. On any dedicated public highway, street, road, alley or parking lot generally open to the public for the purpose of vehicular travel if the vehicle and operator are properly licensed to use such roadway. [Prior code § 12-4-5.]