Chapter 10.08
NON-HIGHWAY VEHICLES AND SNOWMOBILES*
Sections:
10.08.020 Operation of ORVs and snowmobiles in the city of Pateros.
10.08.030 Penalties—Traffic infraction.
10.08.040 Designated usage areas, paths and trails.
* Code reviser’s note: Ordinance 715 adds the provisions of this chapter as Chapter 10.10. The chapter has been editorially renumbered to prevent duplication of numbering.
10.08.010 Definitions.
“City street” or “city alley” means any city street or alley inside the city of Pateros owned or maintained by the city of Pateros.
“Highway” means any highway or road, owned or managed by a public agency, and not otherwise owned or maintained by the city of Pateros.
“Non-highway road” means any highway or road, owned or managed by a public agency, or any private highway, road or street for which the owner has granted an easement for public use for which appropriations from the motor vehicle fund for the state of Washington were not used for original construction in the last twenty-five (25) years or maintained in the last four years.
“Non-highway vehicles,” “off road vehicles,” or “ORV” means any motorized vehicle when used for recreational purposes on non-highway roads, trails, or a variety of other natural terrain. Such vehicles include, but are not limited to, wheeled all-terrain vehicles, and motorcycles not otherwise licensed as operational on highways of the state of Washington, except under Chapter 46.09 RCW.
“ORV trail” means a multiple use corridor designated by the city of Pateros and maintained for recreational use by ORVs and/or snowmobiles.
“Parking areas” means any public or private parking area located inside the city of Pateros.
“Snowmobile” means any self-propelled vehicle capable of traveling over snow or ice, which utilizes as its means of propulsion an endless belt of tread or cleats, or any combination of these or other similar means of contact with the surface upon which it is operated, which is steered wholly or in part by skis or sled-type runners, and which is not otherwise registered as or subject to the motor vehicle excise tax in the state of Washington. (Ord. 715 § 1 (part), 2013)
10.08.020 Operation of ORVs and snowmobiles in the city of Pateros.
A. Except as otherwise provided in this chapter, it is lawful to operate an ORV or snowmobile upon roads, city streets, city alleys, ORV trails, non-highway roads and in parking areas that have been designated pursuant to Section 10.08.040.
B. Persons operating ORVs and/or snowmobiles must comply with all state laws and city regulations including, but not limited to:
1. For the operation of ORVs, it is unlawful for any person to operate any ORV:
a. In such a manner as to endanger the property of another;
b. On lands not owned by the operator or owner of the ORV without a lighted headlight and tail light between the hours of dawn and dusk, or when otherwise required for the safety of others regardless of ownership;
c. On lands not owned by the operator or owner of the ORV without an adequate braking device or when otherwise required for the safety of others regardless of ownership;
d. Without a spark arrester approved by the Department of Natural Resources;
e. Without an adequate and operating muffling device which effectively limits vehicle noise to no more than eighty-six (86) decibels on the “A” scale at fifty (50) feet as measured by the Society of Automotive Engineers (SAE) Test Procedure J 331A, except that a maximum noise level of one hundred five (105) decibels on the “A” scale at a distance of twenty (20) inches from the exhaust outlet shall be an acceptable substitute in lieu of the SAE Test Procedure J 331A when measured:
i. At a forty-five (45) degree angle at a distance of twenty (20) inches from the exhaust outlet;
ii. With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer’s maximum allowable (redline) engine speed or where the manufacturer’s maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty (60) percent of the speed at which maximum horsepower is developed; and
iii. With the microphone placed ten (10) inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle;
f. On lands not owned by the operator or owner of the ORV upon the shoulder or inside bank or slope of any non-highway road, highway or city street and alley, or upon the median of any divided highway;
g. On lands not owned by the operator or owner of the ORV in any area or in such a manner so as to unreasonably expose underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation;
h. On lands not owned by the owner or operator of the ORV or on any non-highway road or trail, when these are restricted to pedestrian or animal travel;
i. On any public lands in violation of rules and regulations of the agency administering such lands;
j. On any private non-highway road if the road owner has not authorized the use of ORVs.
2. Except for an ORV equipped with seatbelts and roll bars or an enclosed passenger compartment, it is a traffic infraction for any person to operate or ride an ORV on a non-highway road, city street or alley without wearing upon his or her head a motorcycle helmet fastened securely while in motion. For the purposes of this section, “motorcycle helmet” has the same meaning as provided in RCW 46.37.530, as amended.
3. For the operation of snowmobiles, it is unlawful for any person to operate a snowmobile:
a. In a manner so as to endanger the property of another;
b. Without a lighted headlight and tail light between the hours of dusk and dawn, or when otherwise required for the safety of others;
c. Without an adequate braking device which may be operated either by hand or foot;
d. Without an adequate and operating muffling device which shall effectively blend the exhaust and motor noise in such a manner so as to preclude excessive and unusual noise:
i. On snowmobiles manufactured on or before January 4, 1973, which shall effectively limit such noise at a level of eighty-six (86) decibels or below, on the “A” scale at fifty (50) feet;
ii. On snowmobiles manufactured after January 4, 1973, which shall effectively limit such noise at a level of eighty-two (82) decibels or below, on the “A” scale at fifty (50) feet; and
iii. On snowmobiles manufactured after January 1, 1975, which shall effectively limit such noise at a level of seventy-eight (78) decibels or below, as measured on the “A” scale at a distance of fifty (50) feet.
All of the above standards are measured under testing procedures as established by the Department of Ecology; except snowmobiles used in organized racing events in an area designated for that purpose may use a by-pass or cut-out device;
e. Upon the shoulder or inside bank or slope of any public roadway or highway, city street or alley, or upon the median of any divided highway;
f. In any area or in such a manner as to expose the underlying soil or vegetation, or to injure, damage or destroy trees or growing crops;
g. Without a current registration decal affixed thereon, if not exempted under RCW 46.10.410 as now or hereafter amended;
h. Without a four-foot flag attached and in view, the color of the flag to be anything but white.
4. No person under the age of sixteen (16) years may operate an ORV or snowmobile within the city limits of Pateros.
5. The maximum speed limit for operating an ORV or snowmobile within the city limits of the city of Pateros is twenty (20) miles per hour, or the posted speed limit, whichever is slower.
6. All ORVs and snowmobiles operated on city streets, alleys, roads, highways or non-highway roads shall be operated on the right side of such city street, alley, road, highway or non-highway road at all times.
7. ORVs and snowmobiles may not be operated on any sidewalks or in any city park in the city of Pateros.
8. All ORVs and snowmobiles that cross any city streets or highways will do so at a ninety (90) degree angle to the center of the street or highway being crossed. All ORVs and snowmobiles will yield to all other traffic while crossing city streets, roads, highways and non-highway roads.
9. No ORVs or snowmobiles shall be operated in such a manner as to harass pets, animals, game, wildlife or people.
(Ord. 715 § 1 (part), 2013)
10.08.030 Penalties—Traffic infraction.
A. Any person found to be in violation of any provision of this chapter shall be deemed to have committed a traffic infraction, and any person found to have committed such traffic infraction shall be assessed a penalty of not more than two hundred fifty dollars ($250.00) for each violation.
B. In addition to any penalty provided for in this chapter, the owner and/or operator of any ORV or snowmobile found to have violated any provision of this chapter may be liable to a landowner for any damage to property or injury to persons or livestock. Any injured person, owner of property or livestock that is damaged may recover treble damages, as well as costs, expenses and reasonable attorney’s fees.
(Ord. 715 § 1 (part), 2013)
10.08.040 Designated usage areas, paths and trails.
In addition to any private property publicly designated as open for ORV or snowmobile usage, the city of Pateros designates the city streets, city alleys, highways, parking areas, non-highway roads and ORV trails shown on the map attached to the ordinance codified in this chapter as the only permissible areas for ORV and/or snowmobile usage within the city limits of the city of Pateros. (Ord. 715 § 1 (part), 2013)