Chapter 10.20
RECREATIONAL VEHICLES
Sections:
10.20.040 Vehicles operated on posted public land.
10.20.050 Off-highway vehicles – Prohibited on highway.
10.20.060 Operation of vehicles on highways – Streets.
10.20.070 Designated ATV routes.
10.20.080 Supervision, safety certificate, required on designated off-highway vehicle routes.
10.20.090 Off-highway vehicle equipment requirements.
10.20.100 Speed regulations/yield on designated routes.
10.20.110 Protective headgear requirements.
10.20.120 Restrictions on use – Privately owned land.
10.20.130 Requiring compliance with traffic laws.
10.20.140 Helper City Parkway Trail.
10.20.010 Title.
This chapter shall be entitled the “Recreational Vehicle Ordinance of Helper City, Utah” and replaces the prior chapter of the municipal code of Helper City. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-1].
10.20.020 Definitions.
“All-terrain type I vehicle” means any motor vehicle 66 inches or less in width, having an unladen dry weight of 800 pounds or less, traveling on three or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain.
“All-terrain type II vehicle” means any other motor vehicle, not defined in the definition of “all-terrain type I vehicle,” “motor vehicle,” or “snowmobile,” designed for or capable of travel over unimproved terrain. This term does not include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102, Utah Code Annotated 1953.
“Low pressure tire” means any pneumatic tire six inches or more in width designed for use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of 10 pounds per square inch or less as recommended by the vehicle manufacturer.
“Manufacturer” means a person engaged in the business of manufacturing off-highway vehicles.
“Motor vehicle” means every vehicle that is self-propelled.
“Motorcycle” means every motor vehicle having a saddle for the use of the operator or platform for standing on to operate the motor vehicle and designed to travel on not more than two tires.
“Off-highway implement of husbandry” means every all-terrain type I or type II vehicle, motorcycle, or snowmobile which is used by the owner or his agent for agricultural operations.
“Off-highway vehicle” means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, or motorcycle.
“Operate” means to control the movement of or otherwise use an off-highway vehicle.
“Operator” means the person who is in actual physical control of an off-highway vehicle.
“Owner” means a person, other than a person with a security interest, having a property interest or title to an off-highway vehicle and entitled to use and possession of that vehicle.
“Public land” means land owned or administered by a federal or state agency or a political subdivision of the state.
“Register” means the act of assigning a registration number to an off-highway vehicle by the state of Utah, Department of Motor Vehicles.
“Roadway” is used as defined by Section 41-6-1, Utah Code Annotated 1953.
“Snowmobile” means any motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
“Street” or “highway” means the entire width between boundary lines of every way or place of whatever nature, when any part of it is open to the use of the public for vehicular travel. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-2].
10.20.030 Registration.
A. Unless exempt under Section 41-22-9, Utah Code Annotated 1953, no person may operate or transport and no owner may give another person permission to operate or transport any off-highway vehicle on any public land, trail, designated ATV route, street, or highway within the city limits of Helper City unless the off-highway vehicle has been registered.
B. Unless exempted by Section 41-22-9, Utah Code Annotated 1953, no dealer may sell an off-highway vehicle, which can be used or transported on any public land, trail, street, or highway within the city limits of Helper City unless it has been registered or is in the process of being registered for the current year. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-3].
10.20.040 Vehicles operated on posted public land.
A. Currently registered off-highway vehicles may be operated on public land, trails, designated ATV street routes that are posted by sign or designated by map or description as open to off-highway vehicle use by Helper City Municipal Corporation.
B. Liability may not be imposed on Helper City Municipal Corporation relating to the designation or maintenance of any land, trail, street, or highway open for off-highway vehicle use as stated by Section 41-22-10.1, Utah Code Annotated 1953. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-4].
10.20.050 Off-highway vehicles – Prohibited on highway.
It is unlawful for an off-highway vehicle to operate along or within the boundaries of US 6 within Helper City limits. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-5].
10.20.060 Operation of vehicles on highways – Streets.
No person may operate an off-highway vehicle upon any street within Helper City limits, not designated as off-highway vehicle use, except:
A. When crossing a street or highway 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;
B. When loading or unloading an off-highway vehicle from a vehicle or trailer, which shall be done with due regard for safety, and at the nearest practical point of operation;
C. 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 other public authority; or
D. Off-highway husbandry vehicles registered according to Section 41-22-5.5, Utah Code Annotated 1953. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-6].
10.20.070 Designated ATV routes.
The following city streets within Helper City are designated as off-highway vehicle routes for the specific purpose of allowing operators of type I off-highway vehicles, and motorcycles, who exercise due care towards conventional motor vehicle traffic, to gain direct access to or from a private or public area open for off-highway use:
A. All city streets within the limits of Helper City Municipal Corporation and the trail between the Hill Street dugway and Ivy Street are hereby designated as off-highway vehicle routes with the exception of roads owned by the state of Utah. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-7].
10.20.080 Supervision, safety certificate, required on designated off-highway vehicle routes.
Any operator between eight and 16 years of age must be in direct visual supervision of an adult who is at least 18 years of age while using a route designated for off-highway vehicles within the Helper City limits, and has in his immediate possession the appropriate motorcycle or type I off-highway vehicle safety certificate issued by the state of Utah. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-8].
10.20.090 Off-highway vehicle equipment requirements.
Any off-highway vehicle operated within the limits of Helper City shall be equipped with:
A. Brakes adequate to control the movement of and to stop and hold the vehicle under normal operating conditions;
B. Headlights and taillights when operated between sunset and sunrise;
C. A noise control device and spark arrestor. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-9].
10.20.100 Speed regulations/yield on designated routes.
A. A person may not operate a vehicle at a speed greater than is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing while using any designated route within Helper City limits.
B. If no special hazard exists, the following speed limit is lawful for all type I or type II off-highway vehicle and motorcycles using designated routes:
1. Fifteen miles per hour in all designated routes.
C. Any speed in excess of the limit provided in this section is prima facie evidence that the speed is not reasonable or prudent and that it is unlawful.
D. All off-highway motorcycles and type I or type II ATVs while using any designated ATV routes shall yield the right-of-way to any conventional motor vehicle traffic and shall travel as close to as possible the farthest right-hand edge of roadway. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-10].
10.20.110 Protective headgear requirements.
A. A person under the age of 18 may not operate or ride on all-terrain type I vehicles, all-terrain type II vehicles, snowmobiles, or motorcycles on public land or designated routes within the limits of Helper City unless the person is wearing a properly fitted safety-rated protective headgear designed for motorized vehicle use by and approved by the Utah Department of Transportation.
B. The owner of an off-highway vehicle or another person may not give permission to a person who is under 18 years of age to operate or ride on an off-highway vehicle in violation of this section. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-11].
10.20.120 Restrictions on use – Privately owned land.
A. No person shall operate or accompany a person operating an off-highway vehicle upon privately owned land of any other person, firm, or corporation without permission from the owner or person in charge.
B. It is unlawful for any person operating or accompanying a person operating an off-highway vehicle to refuse to immediately leave private land upon request of the owner or person in charge of such land.
C. Subsections (A) and (B) of this section shall not apply to prescriptive easements on privately owned land.
D. No person operating or accompanying a person operating an off-highway vehicle shall obstruct any entrance or exit to private property without the owner’s permission.
E. It is unlawful for any person to tear down, mutilate, or destroy any sign, signboards, or other notice which regulates trespassing for the purposes of operating an off-highway vehicle on land; or tear down, deface, or destroy any fence or other enclosure or any gate or bars belonging to any such fence or enclosure. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-12].
10.20.130 Requiring compliance with traffic laws.
Any person operating an off-highway vehicle is subject to the provisions of Title 41, Chapter 6, Utah Code Annotated 1953, unless specifically excluded by statute. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-13].
10.20.140 Helper City Parkway Trail.
No off-highway vehicle shall be operated on any portion of the trail designated as the Helper City Parkway Trail, except in the performance of snow removal between October 1st and March 1st of each year and for routine maintenance. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-14].
10.20.150 Prohibited uses.
No person may operate an off-highway vehicle in connection with acts of vandalism, harassment of wildlife or domestic animals, burglaries or other crimes, or damage to the environment which includes excessive pollution of air, water, or land, abuse of the watershed, impairment of plant or animal life, or excessive mechanical noise. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-15].
10.20.160 Snow removal.
Nothing in this chapter shall be construed as prohibiting the use of type I or type II vehicles for snow removal. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-16].
10.20.170 Penalties.
Unless another penalty is provided for in this chapter or elsewhere in the laws of this state, any person who violates any provision of this chapter or the rules promulgated under this chapter, upon conviction, is guilty of a class C misdemeanor as defined by the Utah Code. [Ord. 2013-5; Ord. 2012-7; Ord. 2004-9. Code 1988 § 8-4-17].