Chapter 10.12
WHEELED ALL-TERRAIN VEHICLES AND OFF-ROAD VEHICLES
Sections:
10.12.020 Operating a WATV/ORV on city of Ilwaco roads/streets.
10.12.030 Penalties for violation of this chapter.
10.12.010 Definitions.
A. “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.
B. “Highway,” for the purpose of this chapter only, 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 (2) wheel drive passenger automobile during most of the year and in use by such vehicles.
C. “Land owned or controlled by the city” means any land owned by the city of Ilwaco, or any land controlled by easement, lease, license, right-of-entry, or other written agreement giving the city use of the subject property.
D. “Non-highway 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 (1) original construction or reconstruction in the last twenty-five (25) years; or (2) maintenance in the last four (4) years.
E. “Off-road vehicle” or “ORV” means a non-street registered vehicle when used for recreational purposes on non-highway roads, trails, or a variety of other natural terrain. “Off-road vehicle” or “ORV” includes, but is not limited to, all-terrain vehicles, motorcycles, four (4) wheel drive vehicles, and dune buggies.
F. “Wheeled all-terrain vehicle” (WATV) means (1) any motorized non-highway vehicle with handlebars that is fifty (50) inches or less in width, has a seat height of at least twenty (20) inches, weighs less than one thousand five hundred (1,500) pounds, and has four (4) tires having a diameter of thirty (30) inches or less, or (2) a utility-type vehicle designed for and capable of travel over designated roads that travels on four (4) or more low-pressure tires of twenty (20) psi or less, has a maximum width less than seventy-four (74) inches, has a maximum weight less than two thousand (2,000) pounds, has a wheelbase of one hundred ten (110) inches or less, and satisfies at least one (1) of the following: (a) has a minimum width of fifty (50) inches; (b) has a minimum weight of at least nine hundred (900) pounds; or (c) has a wheelbase of over sixty-one (61) inches. (Ord. 826 § 1, 2014)
10.12.020 Operating a WATV/ORV on city of Ilwaco roads/streets.
A. It shall be unlawful for a person to operate an off-road vehicle (ORV) on any highway or non-highway road in the city of Ilwaco or any land owned or controlled by the city of Ilwaco.
B. It shall be unlawful for any person to operate a wheeled all-terrain vehicle (WATV) on any highway, non-highway road, or any land owned or controlled by the city of Ilwaco.
C. This chapter shall not apply to the use of a WATV/ORV when operated for emergency management or law enforcement purposes. This chapter shall also not apply to use of a WATV/ORV when operated as farming, construction, or logging equipment, and such operation is exempt or eligible for rebate under Chapter 82.38 RCW. (Ord. 826 § 2, 2014)
10.12.030 Penalties for violation of this chapter.
Unless stated otherwise, violation of any section of this chapter is a traffic infraction, punishable as per state law. The parent or legal guardian of a minor who knowingly allows the minor to operate a WATV/ORV in violation of this chapter is guilty of an infraction, punishable as per state law. (Ord. 826 § 3, 2014)