Chapter 10.25


10.25.010    Title.

10.25.020    Purpose.

10.25.030    Definitions.

10.25.040    Prohibitions.

10.25.050    Enforcement responsibility and authority.

10.25.060    Violations.

10.25.070    Permitted conduct.

10.25.010 Title.

This chapter shall be known as the Marion County off-road vehicle ordinance and may be so cited and pleaded. [Ord. 1272 § 1, 2008.]

10.25.020 Purpose.

The Marion County board of commissioners has determined that off-road vehicles can provide appropriate, useful, and energy-efficient alternatives to automobiles and can be acceptable recreational devices when properly operated, but that it is necessary to regulate the use of off-road vehicles to minimize conflicts, prevent damage to and deterioration of the environment, and protect the health, safety and welfare of the people of Marion County. [Ord. 1272 § 2, 2008.]

10.25.030 Definitions.

“Nonroad area” means any area that is not a public road, but does not include areas commonly held open to vehicular use, such as parking lots and racetracks.

“Off-road vehicle” means any self-propelled motor vehicle that is designed or capable of traversing natural terrain, including, but not limited to, motorcycles, dirt bikes, four-wheel drive vehicles, all-terrain vehicles, jeeps and halftracks, but does not include vehicles used for farming, timber, military, fire prevention, emergency services, or law enforcement.

“Recreationally operate” means to drive, operate, ride, or otherwise propel an off-road vehicle for recreational purposes. Recreational operation includes the use of an off-road vehicle on a track, loop, trail, course, raceway, strip, hill, area with jumps, mounds or banked turns, or other similar terrain. Recreational operation does not include off-road vehicle use that is exclusively for the purpose of property maintenance. [Ord. 1272 § 3, 2008.]

10.25.040 Prohibitions.

A. No person shall operate or allow any other person to operate an off-road vehicle on any nonroad area within the urban growth boundary of any city.

B. No person shall operate or allow any other person to operate an off-road vehicle on any nonroad area between the hours of 9:00 p.m. and 8:00 a.m.

C. No person shall operate or allow another person to operate an off-road vehicle on any nonroad area for more than three hours between the hours of 8:00 a.m. and 9:00 p.m.

D. No person shall recreationally operate or allow any other person to recreationally operate an off-road vehicle on any nonroad area that is within 100 feet of the property line of that property. [Ord. 1272 § 4, 2008.]

10.25.050 Enforcement responsibility and authority.

This chapter shall be enforced by the Marion County sheriff’s office and Marion County code enforcement. [Ord. 1272 § 5, 2008.]

10.25.060 Violations.

Violation of any provision of this chapter shall be considered a Class A violation pursuant to Chapter 153 ORS and shall be subject to enforcement as provided in Chapter 1.25 MCC. [Ord. 1272 § 6, 2008.]

10.25.070 Permitted conduct.

This chapter shall not be interpreted to prohibit the use of off-road vehicles in conjunction with farming, timber production, emergency services, fire prevention or law enforcement. [Ord. 1272 § 7, 2008.]