Chapter 10.20
OFF-ROAD VEHICLES
Sections:
10.20.020 Authority of police officers.
10.20.030 Operation of off-road vehicles.
10.20.050 Disposition of vehicle.
10.20.010 Definitions.
A. As used in this chapter, unless the context requires otherwise:
1. “Off-road vehicle” means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland or other natural terrain.
2. “Nonroad area” means any area that is not a road, or a road which is closed to off-road vehicles and posted as such; except that areas commonly held open to vehicular use, such as parking lots and race tracks, shall not be considered nonroad areas.
B. As used in this chapter, the singular includes the plural, and the masculine includes the feminine. (Ord. 2-1985 § 1)
10.20.020 Authority of police officers.
It shall be the duty of city police officers so designated by the city council to enforce the provisions of this chapter. (Ord. 2-1985 § 2)
10.20.030 Operation of off-road vehicles.
A. It shall be unlawful for any person to operate an off-road vehicle on any nonroad area which the operator does not own, unless:
1. The operator possesses written permission from the owner, contract purchaser, renter or lessee of the nonroad area; or
2. The operator possesses written evidence of membership in a club or association to which the owner, contract purchaser, renter or lessee of the nonroad area has given written permission and a copy of which has been filed with the city; or
3. The owner, contract purchaser, renter or lessee of the nonroad area has designated the nonroad area as open for recreational purposes in accordance with ORS 105.655 to 105.680 by filing such consent and other information necessary to identify the area with the city; or
4. The owner, contract purchaser, renter or lessee has designated the nonroad as being open to off-road vehicle use by posting notice thereof which describes the boundaries of the nonroad area designated as open and which designates the hours during which the area is to be open.
B. It shall be unlawful for any person to:
1. Falsify the written permission required by subsection (A)(1) of this section.
2. Falsify the evidence of club or association membership or the written permission required by subsection (A)(2) of this section.
3. Falsify the filing or consent required by subsection (A)(3) of this section.
4. Post the notice or remove the posted notice required by subsection (A)(4) of this section without the consent of the owner, contract purchaser, renter or lessee. (Ord. 2-1985 § 3)
10.20.040 Seizure.
A. The city police may arrest the person operating an off-road vehicle when the person is found in the act of operating an off-road vehicle in violation of this chapter; except, however, the city police may issue a citation in accordance with ORS 133.070 in lieu of exercising custody of the operator.
1. The city police may seize any off-road vehicle incident to arrest or citation of the operator if he has reasonable grounds to believe that the vehicle was operated with willful or reckless disregard or with the likelihood that the operation would cause substantial damage to the off-road area or that substantial damage has been caused by that operation.
2. The city police shall retain possession of the vehicle, if seized, and, in any event, proceed at once against the person arrested in municipal court.
B. If the person arrested is the legal owner of a seized vehicle, it shall be returned to the owner upon execution of a good and valid bond, or cash deposit, with sureties acceptable to the city in a sum equal to the average value of the vehicle as determined by the city, which bond or cash deposit shall be conditioned upon the return of the vehicle to the city police upon disposition of the judgment of the court.
1. If the person arrested is convicted of a violation of this chapter, and he is the owner of the off-road vehicle, the vehicle shall be subject to disposition as provided in FMC 10.20.050.
C. If the person arrested is not the legal owner of a seized vehicle, the city police shall make all reasonable efforts to identify the name and address of the owner. If the city police are able to determine the name and address of the owner, they shall notify the owner by registered or certified mail of the seizure and inform him of his rights under subsection D of this section.
D. Any person notified under subsection C of this section, or any owner of the vehicle, or any other person asserting a claim of lawful possession of a seized vehicle, may, prior to trial, move the court for return of the vehicle or obtain possession of the vehicle by posting bond or cash in accordance with subsection B of this section.
1. The court shall, upon receipt of motion for return of vehicle, hold a hearing to determine if the owner, or other person asserting a lawful claim to the vehicle, had any knowledge that the vehicle would be used in violation of this chapter.
2. If the court determines by clear and convincing evidence that the driver/owner had knowledge that the person arrested would use the vehicle in violation of this chapter, the vehicle shall not be returned to the driver/owner except in accordance with subsection B of this section and the vehicle shall be subject to forfeiture, as specified in FMC 10.20.050.
E. If the person arrested is not convicted of a violation of this chapter, and if the city police are in possession of the vehicle, it shall immediately be returned to the owner. (Ord. 2-1985 § 4)
10.20.050 Disposition of vehicle.
A. The court, upon conviction of the person arrested, may order a return of a seized vehicle to the owner after payment of all expenses, or it may, upon motion made by the city, order forfeiture and sale of the vehicle at public auction by the city police.
1. In determining whether to order a forfeiture and sale of the vehicle, the court shall consider the amount of damage caused by the use of the vehicle, and the willfulness of the violation.
B. If the court orders a forfeiture and sale of the vehicle, the city police, after deducting $50.00 for administrative expenses plus all other expenses incurred, shall pay, to the extent of the remaining proceeds, all liens of record, ratably and according to their priorities. Any balance remaining shall be paid into the general funds of the city.
C. If no person claims the vehicle, the city police shall advertise the sale of the vehicle and the description thereof not fewer than three times in a newspaper of general circulation in the city, said publication appearing for the first time not fewer than 14 days before the proposed sale and the last time not more than seven days before the proposed sale. Proceeds from the sale of the property, after deducting the expenses and cost, shall be paid into the general fund of the city of Fairview. Unsold property may be destroyed. (Ord. 2-1985 § 5)
10.20.060 Penalties.
Violation of this chapter is punishable by imprisonment of a period not to exceed 100 days or a fine not to exceed $500.00, or both. (Ord. 2-1985 § 6)