Chapter 10.60
ALL-TERRAIN VEHICLES
Sections:
10.60.030 Operation of all-terrain vehicles on streets authorized.
10.60.040 Regulations for operation of all-terrain vehicles.
10.60.050 Licensed driver 18 years of age or older required.
10.60.060 All-terrain vehicle operator permit required.
10.60.070 Safety equipment requirements.
10.60.080 Helmet requirements.
10.60.090 Safety belt requirements.
10.60.110 Prohibition on operating all-terrain vehicles while driving privileges suspended.
10.60.120 Financial requirements.
10.60.130 Restricted times and season of operation.
10.60.010 Short title.
This chapter may be referred to and cited as the “ATV ordinance.” [Ord. 19-865 § 2, 2019]
10.60.020 Definitions.
As used in this chapter, the following terms have the meanings assigned to them below:
“All-terrain vehicle(s)” and “ATV(s)” mean class I all-terrain vehicles, class II all-terrain vehicles, and/or class IV all-terrain vehicles.
“ATV operator permit” has the meaning given that term under OAR 736-004-0015(10). OAR 736-004-0015(10) defines an ATV operator permit as the ATV safety education card issued upon completion of an Oregon Parks and Recreation Department-approved ATV safety education course and passage of the minimum standards test of ATV safety education competency as established by the Oregon Parks and Recreation Department.
“Class I all-terrain vehicle(s)” has the meaning given that term under ORS 801.190. ORS 801.190 defines a class I all-terrain vehicle as a motorized, off-highway recreational vehicle that (a) is 50 inches or less in width, (b) has a dry weight of 1,200 pounds or less, (c) travels on three or more pneumatic tires that are six inches or more in width and that are designed for use on wheels with a rim diameter of 14 inches or less, (d) uses handlebars for steering, (e) has a seat designed to be straddled for the operator, and (f) is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain. Class I all-terrain vehicles may also be known as quads, three-wheelers, or four-wheelers.
“Class II all-terrain vehicle(s)” means any motor vehicle that (a) weighs more than or is wider than a class I all-terrain vehicle, (b) is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain, (c) is not a class IV all-terrain vehicle, and (d) is street legal, is registered under ORS 803.420, and has a roof or roll bar. Class II all-terrain vehicles may also be known as four-by-fours, pickups, jeeps, sand rails, dune buggies, and SUVs.
“Class IV all-terrain vehicle(s)” has the meaning given that term under ORS 801.194(2). ORS 801.194(2) defines a class IV all-terrain vehicle as any motorized vehicle that (a) travels on four or more pneumatic tires that are six inches or more in width and that are designed for use on wheels with a rim diameter of 14 inches or less, (b) is designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain, (c) has nonstraddle seating, (d) has a steering wheel for steering control, (e) has a dry weight of 1,800 pounds or less, and (f) is 65 inches wide or less at its widest point. Class IV all-terrain vehicles may also be known as side-by-sides.
“Driver license” has the meaning given that term under ORS 801.245.
“Motorcycle helmet” has the meaning given that term under ORS 801.366. ORS 801.366 defines a motorcycle helmet as a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell and a chin-strap type retention system with a sticker indicating that the motorcycle helmet meets standards established by the United States Department of Transportation.
“Street(s)” means all highways, roads, streets, and alleys, other than state of Oregon highways and two-lane gravel roads, within the boundaries of the city that are open, used, or intended for use of the general public for vehicles or vehicular traffic as a matter of right.
“Traffic law(s)” means any and all Oregon statutes and regulations relating in any way to the operation or use of motorized vehicles, including, without limitation, the Oregon Vehicle Code (Chapters 801 to 826 ORS) and any regulations promulgated thereunder. [Ord. 19-865 § 3, 2019]
10.60.030 Operation of all-terrain vehicles on streets authorized.
Subject to the provisions of this chapter, ATVs may be operated on streets subject to the conditions and restrictions set forth under ORS 821.200. All-terrain vehicles are prohibited from operating under this chapter on any state of Oregon highway within the boundaries of the city, including, without limitation, U.S. Highway 20/U.S. Highway 395, except that a person may, while operating an ATV, cross a state of Oregon highway to the extent permitted under applicable Oregon law, including, without limitation, ORS 821.200(1). [Ord. 19-865 § 4, 2019]
10.60.040 Regulations for operation of all-terrain vehicles.
All-terrain vehicles operated under this chapter must be operated in compliance with all applicable federal, state, and local laws, regulations, and ordinances, including, without limitation, all applicable traffic law requirements (including, without limitation, ORS 811.255) and all posted speed limits, and in a manner comporting with the public health, safety, and general welfare. [Ord. 19-865 § 5, 2019]
10.60.050 Licensed driver 18 years of age or older required.
A person operating an ATV under this chapter must be 18 years of age or older and hold a valid driver license. [Ord. 19-865 § 6, 2019]
10.60.060 All-terrain vehicle operator permit required.
A person operating a class I all-terrain vehicle under this chapter must hold a valid class I ATV operator permit issued under ORS 390.570. A person operating a class IV all-terrain vehicle under this chapter must hold a valid class IV ATV operator permit issued under ORS 390.577. [Ord. 19-865 § 7, 2019]
10.60.070 Safety equipment requirements.
All-terrain vehicles operated under this chapter must be equipped with the safety equipment required under all applicable traffic laws, including, without limitation, ORS 821.030, 821.040, 821.220, 821.230, and OAR 735-116-0000. [Ord. 19-865 § 8, 2019]
10.60.080 Helmet requirements.
A person who is under 18 years of age must wear a motorcycle helmet with a fastened chin strap while riding as a passenger on an ATV operated under this chapter. [Ord. 19-865 § 9, 2019]
10.60.090 Safety belt requirements.
A person must be properly secured with a safety belt or safety harness while operating or riding as a passenger on an ATV operated under this chapter if such ATV was required to be equipped with safety belts or safety harnesses at the time the ATV was manufactured or safety belts or safety harnesses have been installed on the ATV. [Ord. 19-865 § 10, 2019]
10.60.100 Speed limits.
All-terrain vehicles operated under this chapter must be operated in compliance with all posted speed limits and may not be operated (a) at a rate of speed greater than reasonable and proper under the existing conditions, or (b) in a negligent manner so as to endanger or cause injury, death, and/or damage to the operator or person or property of another. [Ord. 19-865 § 11, 2019]
10.60.110 Prohibition on operating all-terrain vehicles while driving privileges suspended.
A person may not operate an ATV under this chapter while the person’s driving privileges (i.e., driver license) are suspended or revoked. [Ord. 19-865 § 12, 2019]
10.60.120 Financial requirements.
All-terrain vehicles operated under this chapter must meet the financial responsibility requirements under ORS 806.060. For purposes of this section, “financial responsibility requirements” means the ability to respond in damages for liability, on account of accidents arising out of the ownership, operation, maintenance, and/or use of an ATV, in a manner provided under ORS 806.060. [Ord. 19-865 § 13, 2019]
10.60.130 Restricted times and season of operation.
All-terrain vehicles operated under this chapter may be operated only from October 1st through April 30th of the subsequent year and during the hours between 4:00 a.m. and 10:00 p.m. During any time when limited visibility conditions exist, ATVs operated under this chapter must be equipped with and display headlights and taillights (see BMC 10.60.070). [Ord. 19-865 § 14, 2019]
10.60.140 Posting.
The city will post signs giving notice that the operation of ATVs is permitted upon streets under the provisions of this chapter. The city will post such signs at locations necessary to inform the public that ATVs are permitted upon streets, which sign locations will be determined by the city in its sole discretion. [Ord. 19-865 § 15, 2019]
10.60.150 Liability.
The operation of an ATV will be undertaken at the sole risk and responsibility of the owner and/or operator. The city, by passing this chapter, assumes no responsibility for the operation of such ATVs and will be held harmless in any action arising from the operation of such ATVS on or off any public way within the city, including, without limitation, streets. [Ord. 19-865 § 16, 2019]
10.60.160 Penalties.
Violation of, or failure to comply with, any provision of this chapter, including, without limitation, the operation of an ATV where such ATV is prohibited, is punishable by a fine not to exceed $500.00. Each violation of this chapter will constitute a separate offense. The penalties imposed by this section are not exclusive and are in addition to any other remedies, civil or criminal, available to the city under applicable law. [Ord. 19-865 § 17, 2019]