Chapter 10.40
OFF-ROAD, NONHIGHWAY, WHEELED ALL-TERRAIN VEHICLES AND SNOWMOBILES
Sections:
10.40.005 Adoption of Chapter 46.09 RCW et seq.
10.40.010 Adoption of Snowmobile Act.
10.40.030 Off-road, nonhighway, wheeled all-terrain vehicles and snowmobiles on sidewalk prohibited.
10.40.050 Application of motor vehicle rules.
10.40.070 Operator license required.
10.40.090 Flag or pennant required.
10.40.100 Operation on state highways.
10.40.110 Violation – Penalty.
10.40.003 Definitions.
In constructing the provisions of this chapter, except when otherwise declared or clearly apparent from the context, the following definitions shall be applied:
“City” shall mean the city of Davenport, Washington.
“Emergency management” means the carrying out of emergency functions related to responding and recovering from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural, technological, or human caused, and to provide support for search and rescue operations for persons and property in distress.
“Highway” means the entire width between the boundary lines of every roadway publicly maintained by the State Department of Transportation or any county or city with funding from the motor vehicle fund. A highway is generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles.
“Joy-riding” is a criminal theft offense involving taking a car without an owner’s permission and using it with the intent of returning it.
“Nonhighway road” means any road owned or managed by a public agency, a primitive road, or any private road for which the owner has granted an easement for public use for which appropriations from the motor vehicle fund were not used for (A) original construction or reconstruction in the last 25 years; or (B) maintenance in the last four years.
“Nonhighway road recreation facilities” means recreational facilities that are adjacent to, or accessed by, a nonhighway road and intended primarily for nonhighway road recreational users.
“Nonhighway vehicle” means any motorized vehicle including an ORV, ATV, snowmobile, golf cart or other vehicle when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. Nonhighway vehicles do not include (A) any vehicle designed primarily for travel on, over, or in the water; (B) any vehicle eligible for a motor vehicle fuel tax exemption or rebate under Chapter 82.38 RCW while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles.
“Operator” means each person who operates, or is in physical control of, any nonhighway vehicle.
“Owner” shall mean the person other than the lien holder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof.
“Person” means any individual, firm, partnership, association, or corporation.
“RCW” is the acronym for the Revised Code of Washington State.
“Rules of the road” means all the rules that apply to vehicle or pedestrian traffic as set forth in Chapter 46.61 RCW.
“Wheeled all-terrain vehicle” means (A) any motorized nonhighway vehicle with handlebars that are 50 inches or less in width, has a seat height of at least 20 inches, weighs less than 1,500 pounds, and has four tires having a diameter of 30 inches or less, or (B) a utility-type vehicle designed for and capable for travel over designated roads that travels on four or more low-pressure tires of 20 psi or less, has a maximum width less than 74 inches, has a maximum weight less than 2,000 pounds, has a wheelbase of 110 inches or less, and satisfies at least one of the following: (i) has a minimum width of 50 inches; (ii) has a minimum weight of at least 900 pounds; or (iii) has a wheelbase of over 61 inches. (Ord. 1093 § 2, 2015).
10.40.005 Adoption of Chapter 46.09 RCW et seq.
Chapter 46.09 RCW et seq. is adopted by reference. Three copies thereof are on file with the city clerk-treasurer and shall be kept available there for inspection. (Ord. 1093 § 3, 2015).
10.40.010 Adoption of Snowmobile Act.
Chapter 29 of the Washington Laws, 1971 First Extraordinary Session, codified at Chapter 46.10 RCW, is adopted by reference. Three copies thereof are on file with the city clerk-treasurer and shall be kept available there for inspection. (Ord. 631 § 1, 1986).
10.40.020 Muffler required.
Each off-road, nonhighway, wheeled all-terrain vehicle and snowmobile must have a muffler in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke; and no person shall use a muffler cutout, bypass or similar device. (Ord. 1093 § 4, 2015; Ord. 631 § 1, 1986).
10.40.030 Off-road, nonhighway, wheeled all-terrain vehicles and snowmobiles on sidewalk prohibited.
It is unlawful to drive, operate or park an off-road, nonhighway, wheeled all-terrain vehicle or snowmobile on any sidewalk in the city, unless the operator is providing an authorized temporary public service to include snow removal or maintenance of planter strips. (Ord. 1093 § 5, 2015; Ord. 631 § 1, 1986).
10.40.040 Streets designated as off-road, nonhighway, wheeled all-terrain vehicles and snowmobile trails.
In order to facilitate access between the city and the open outlying areas surrounding the city, and the local business district, the city streets and alleys are designated as off-road, nonhighway, wheeled all-terrain vehicle and snowmobile trails. Such use of the city streets and alleys shall be for ingress and egress only. (Ord. 1093 § 6, 2015; Ord. 631 § 1, 1986).
10.40.050 Application of motor vehicle rules.
Except as modified by this chapter, all motor vehicle rules and regulations adopted by the city shall, unless clearly inapplicable, apply to off-road, nonhighway, wheeled all-terrain vehicles and snowmobiles. (Ord. 1093 § 7, 2015; Ord. 631 § 1, 1986).
10.40.060 Right-of-way.
In use of the streets, motor vehicles and pedestrians shall have the right-of-way with respect to off-road, nonhighway, wheeled all-terrain vehicles and snowmobiles. (Ord. 1093 § 8, 2015; Ord. 631 § 1, 1986).
10.40.070 Operator license required.
No person under the age of 16 years shall operate an off-road, nonhighway, wheeled all-terrain vehicle or snowmobile in Davenport. No person shall operate a snowmobile without possessing a valid motor vehicle operator’s license. (Ord. 1093 § 9, 2015; Ord. 631 § 1, 1986).
10.40.080 Speed limit.
The maximum speed limit off-road, nonhighway, wheeled all-terrain vehicles or snowmobiles in the city shall be 20 miles per hour, except that between the hours of 10:00 p.m. and 8:00 a.m. the maximum speed limit shall be 10 miles per hour. (Ord. 1093 § 10, 2015; Ord. 631 § 1, 1986).
10.40.090 Flag or pennant required.
All off-road, nonhighway, wheeled all-terrain vehicles or snowmobiles operated in Davenport shall be equipped with a mast or antenna displaying a red or red/orange fluorescent flag or pennant a minimum of five feet above the ground; such flag or pennant shall be either rectangular or triangular in shape with the leading edge being a minimum of six inches and the length a maximum of 12 inches. (Ord. 1093 § 11, 2015; Ord. 631 § 1, 1986).
10.40.100 Operation on state highways.
It is unlawful to operate an off-road, nonhighway, wheeled all-terrain vehicle or snowmobile on State Highways Nos. 2, 25, and 28 within the city limits except to cross the highways at unobstructed established intersections and as provided for in RCW 46.09.455, 46.10.100 and 46.10.110. (Ord. 1093 § 12, 2015; Ord. 631 § 1, 1986).
10.40.105 Liability.
(a) Nothing in this chapter shall be construed as an assumption of liability by the city for any injuries to persons or property which may result from the operation of a nonhighway vehicle.
(b) All nonhighway vehicles and their drivers must carry liability insurance with required limits under Washington State law at all times when operating a nonhighway vehicle. (Ord. 1093 § 13, 2015).
10.40.110 Violation – Penalty.
(a) Violation of this chapter is deemed to be a civil infraction which shall be punishable by civil penalty as determined by DMC 1.04.010.
(1) First offense: $150.00 plus any state/county court assessments.
(2) Second offense: $300.00 plus any state/county court assessments.
(3) Third offense: $500.00 plus any state/county court assessments.
(4) Any offense after the third offense shall be $500.00 plus any state/county court assessments.
(b) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city of Davenport is committed, continued, or permitted by any such person, and he shall be punished accordingly.
(c) All costs incurred by the city in attempting to enforce compliance of this chapter, including, but not limited to, court costs, attorney fees and the collection of fees and fines, shall be borne and assumed by the person found guilty of the infraction. (Ord. 1093 § 14, 2015; Ord. 631 § 1, 1986).