Chapter 6-4
ALL-TERRAIN RECREATIONAL VEHICLES

SECTION:

6-4-1:    DEFINITIONS

6-4-2:    RULES AND REGULATIONS

6-4-3:    PENALTY

6-4-1 DEFINITIONS:

For the purpose of this chapter, the following terms shall have the meanings ascribed to them in this section:

ALL-TERRAIN TYPE I VEHICLE:

Any motor vehicle fifty two inches (52") or less in width, having an unladen dry weight of eight hundred (800) pounds or less, traveling on three (3) or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain.

ALL-TERRAIN TYPE II VEHICLE:

Any other motor vehicle, not defined in Utah Code Annotated section 41-22-2(2), "all-terrain type I vehicles", section 41-22-2(9), "motorcycles", or section 41-22-2(20), "snowmobiles", designed for or capable of travel over unimproved terrain. This term does not include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically designed for recreational use, or "farm tractors", as defined under Utah Code Annotated section 41-1a-102.

OFF HIGHWAY VEHICLE:

Any snowmobile, all-terrain type I vehicles, all-terrain type II vehicles or motorcycles. (Ord. 2-2004, 3-18-2004)

6-4-2 RULES AND REGULATIONS:

An ATV is allowed to be driven on designated streets within city limits under the following conditions or restrictions:

A.    Streets Designated On Map: Streets so designated are identified on the map attached to the ordinance codified herein (exhibit A).

B.    Taking Direct Route; Cruising:

1. In addition to the above identified streets, ATVs may be operated on the streets of the city that constitute the most direct route to and from any residence within the city to any of the aforementioned designated routes indicated on exhibit A attached to the ordinance codified herein.

2. No cruising on ATV routes within the city limits will be allowed. "Cruising" is defined as more than four (4) trips in a twenty four (24) hour period.

C.    Use Of Designated Routes: ATVs shall be used and operated only on or over such public lands, trails, streets, roads or highways within the city that are designated by this chapter as open to such vehicle use, and all such designated access ways shall be posted by signs to evidence their use as ATV routes. Further, to the full extent possible, ATVs shall be operated on the outer portion of the travel lane to facilitate easy passing by other motorized vehicles.

D.    Compliance With State And Local Laws; Equipment; Noise:

1. ATVs shall be operated at all times in accordance with all applicable state, county and city traffic laws and regulations as indicated in the state vehicle code, Utah Code Annotated section 41-22-10.6.

2. If equipped with headlights, such ATV shall be operated with the headlights functioning and turned on.

3. Further, all ATVs must be equipped with a noise control device and spark arrester when operated on city streets. State, county and city noise regulations shall be enforced.

E.    Vehicle License And Registration: The ATV shall be legally licensed and registered.

F.    Driver's License: The driver of an ATV who is sixteen (16) or older must hold a legal driver's license.

G.    Underage Drivers:

1. Supervision: Any operator who is under sixteen (16) years of age must be under the direct visual supervision, within fifty feet (50') or less, of an adult who is at least eighteen (18) years of age while using a route designated under this chapter, per the state vehicle code, Utah Code Annotated section 41-22-10.5(2).

2. State Certification: Those operators between eight (8) and sixteen (16) years of age must be state certified to operate an ATV and have said certification with them at time of operation.

3. Protective Headgear: A person under the age of eighteen (18) years may not operate or ride on all-terrain type I vehicles, type II vehicles, snowmobiles or motorcycles within the city limits unless the person is wearing a properly fitted, safety rated protective headgear designed for motorized vehicle use.

4. Child Prohibited: No person under the age of eight (8) years old shall operate any ATV on city streets.

H.    Safety:

1. The ATV shall be in a safe running condition and the vehicle shall be size appropriate for the rider.

2. The ATV shall be being operated in a safe condition.

I.    Direct Route: The ATV driver, when driving on streets within city limits, must be going to or from a local city business, or to gain access to, or returning from, an ATV route, or to perform work with husbandry or irrigation.

J.    Operating Time Limitation; Lights Required: No ATV shall be operated on city streets past official sundown or before official sunrise and must have working headlights and taillights.

K.    Exemption: ATVs used as implements of husbandry and identified as such are exempt from this chapter as indicated by the state highway code, Utah Code Annotated section 41-22-10.5(5), "does not apply to off highway implements of husbandry used in accordance with section 41-22-5.5". (Ord. 1-2004, 2-18-2004)

6-4-3 PENALTY:

A.    Infraction: Any violation of this chapter shall constitute an infraction. (Ord. 1-2004, 2-18- 2004; amd. 2007 Code)

B.    Issue Citations: The Emery County sheriff's office or other legal policing authority is given all rights to write citations to those individuals breaking laws or safety guidelines as outlined in this chapter. (Ord. 1-2004, 2-18-2004; amd. Ord. 2-2004, 3-18-2004)

C.    Fines Established:

1. The first violation shall be subject to a written violation and a fine not to exceed one hundred dollars ($100.00). Those operators who are under sixteen (16) years of age must be under the direct visual supervision, within fifty feet (50') or less, of an adult who is at least eighteen (18) years of age or be subjected to impoundment of vehicle.

2. The second violation in a six (6) month period shall be a written violation and subject to a two hundred dollar ($200.00) fine and impoundment of vehicle. All fines are payable to Emery County. (Ord. 1-2004, 2-18-2004)