Chapter 10.50
OFF-ROAD VEHICLES
Sections:
10.50.020 Operating an ATV/ORV on city of South Bend roads/streets.
10.50.030 Penalties for violation of this chapter.
10.50.010 Definitions.
A. “Child” means a person under the age of 18.
B. “Dealer” means a person, partnership, association, or corporation engaged in the business of selling off-road vehicles at wholesale or retail in the state of Washington.
C. “Highway roads” means the entire width between the boundary lines of every roadway publicly maintained when any part thereof is open to the use of the public for the purpose of vehicular travel.
D. “Nonhighway roads” means roads that are owned or managed by a public agency, a primitive road, or any private road where the owner has granted an easement for public use, and does not receive funds from the motor vehicle account.
E. “Off-road vehicle,” hereinafter “ORV,” shall mean a four-wheeled vehicle where the passenger sits behind the operator of the vehicle, manufactured primarily for recreational nonhighway all-terrain use.
F. “Operator” means each person who operates or is in physical control of any nonhighway vehicle.
G. “Primitive road” means a linear route managed for the use of four-wheel drive or high-clearance vehicle that is generally not maintained or paved.
H. “RCW” means Revised Code of Washington.
I. “Wheeled all-terrain vehicle,” hereinafter “ATV” or “utility vehicle,” shall mean a four-wheeled vehicle where operator and passenger sit side by side in the vehicle, manufactured primarily for recreational nonhighway all-terrain use.
J. For the purpose of this chapter, “off-road vehicles” (ORV) does not include wheeled all-terrain vehicles. (Example: quad – where the rider sits behind the operator.)
K. Specific types of vehicles excluded from this chapter are:
1. Dune buggies.
2. Rails.
3. Go-carts.
4. Homemade unlicensed vehicles.
5. Rally cars. (Ord. 1477 § 1, 2014).
10.50.020 Operating an ATV/ORV on city of South Bend roads/streets.
A. ATVs/ORVs operating on city roads must comply with state requirements for registration, operation, ATV/ORV use permits and equipment laws. Failure to properly display registration may be the basis for a law enforcement stop of ORVs.
B. In addition to state laws, the city of South Bend requires operators of ATVs/ORVs to be at least 16 years of age and possess a current valid driver’s license to operate an ATV/ORV on or to cross city roads.
C. A person who operates an ATV/ORV on city roads is granted all rights and is subject to all duties applicable to the operator of a motorcycle.
D. The maximum speed limit for operation of an ATV/ORV on city roads shall be 35 mph or the posted limit, whichever is lower.
1. The speed limit for an ATV/ORV when passing livestock and/or horseback riders shall be 10 mph;
2. The speed limit for an ATV/ORV when passing within 50 feet of an occupied dwelling on a dirt or gravel road shall be 20 mph;
3. All ATVs/ORVs traveling on city roads shall be single file. There shall be enough room between each ATV/ORV for a full-sized vehicle to pass each ATV/ORV safely if need be;
4. ATV/ORV travel on paved city roads shall be with all four wheels of the ATV/ORV on the roadway. No shoulder driving is permitted, except for slowing to allow vehicle traffic to pass;
5. ATVs/ORVs shall not operate on State Route 101 in segments that have a speed limit of over 35 mph (Chapter 47.17 RCW), except to cross such highway from a road that starts and ends with a speed limit of 35 mph or less.
E. All ORV/ATV operators must comply with state law regarding safety inspections and releases.
F. This chapter shall not apply to the agricultural use of an ATV/ORV when used as farm implement by a landowner/tenant or his/her employee accessing agricultural lands. (Ord. 1477 § 2, 2014).
10.50.030 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 child who knowingly allows the child to operate an ATV/ORV in violation of this chapter is guilty of an infraction, punishable as per state law. (Ord. 1477 § 3, 2014).
10.50.040 City of South Bend designated no ATV/ORV use roads, segments of roads, shoulders, and trails.
A. Northbound State Route 101 from Broadway Street north to Skidmore Slough shall be closed to all ATV/ORV traffic.
B. Southbound State Route 101 from Skidmore Slough south to Broadway Street shall be closed to all ATV/ORV traffic.
C. East of the 500 block of Alder Street shall be closed to all ATV/ORV traffic.
D. Northbound State Route 101 from the South Bend city limits north to D Street.
E. Southbound State Route 101 from D Street south to the South Bend city limits shall be closed to all ATV/ORV traffic.
F. No motorized vehicles are authorized to be on any section of the Rails to Trails. (Ord. 1477 § 4, 2014).