Chapter 10.32


10.32.010    Definitions.

10.32.020    ORV license.

10.32.030    Use for the good of the community.

10.32.040    Operation of ORV.

10.32.050    Towing.

10.32.060    Age/license requirement.

10.32.070    Trespassing.

10.32.080    Public disturbance noise.

10.32.090    Street designation.

10.32.100    Authorization to utilize designated streets.

10.32.110    Civil liabilities.

10.32.120    Violation – Penalties.

10.32.010 Definitions.

“Designated street” means those streets selected by the city of Asotin council for ORV travel.

“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.

“Nonhighway roads” means roads that are owned or managed by a public agency who has granted an easement for public use, and that do not receive funds from the motor vehicle account.

“Nonhighway vehicle” means any motorized vehicle including ORVs when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. Nonhighway vehicles do not include (1) any vehicle designed primarily for travel on, over, or in the water; (2) any military vehicles; (3) any vehicle eligible for a motor vehicle fuel tax exemption or rebate under Chapter 82.36 RCW while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles.

“Off-road vehicle” or “ORV” means any non-street-licensed vehicle when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. Such vehicles include, but are not limited to, all-terrain vehicles, motorcycles, four-wheel-drive vehicles, and dune buggies.

“Operator” means each person who operates, or is in physical control of, any nonhighway vehicle.

“ORV recreational facility” includes, but is not limited to, ORV trails, campgrounds, ORV sports parks, and ORV use areas, designated for ORV use by the managing authority, that are intended primarily for ORV recreational users.

“ORV use permit” means a permit issued for operation of an off-road vehicle.

“Owner” means the person, other than the lien holder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof.

“Person” means any individual, firm, partnership, association, or corporation.

“RCW” means the Revised Code of Washington. (Ord. 14-782 § 1, 2014)

10.32.020 ORV license.

No person shall operate any ORV within the corporate limits of the city of Asotin without a license decal, issued by the department of licensing and displaying a current ORV tag in accordance with current Washington State RCW.

ORV license or ORV tags shall be required under the provisions of this chapter, except for the following exemptions:

A. ORVs owned and operated by the United States, another state, or political subdivision thereof;

B. ORVs owned and operated by Washington State, or by any municipality or political subdivision thereof;

C. ORVs owned by a resident of another state, which have a valid ORV permit or license issued in accordance with the laws of the other state. This exemption shall apply only to the extent that a similar exemption or privilege is granted under the laws of that state;

D. ORVs being used for search and rescue purposes under the authority or direction of an appropriate search and rescue or law enforcement agency;

E. ORVs being used as part of an event sanctioned by the city or other governmental agency. (Ord. 14-782 § 1, 2014)

10.32.030 Use for the good of the community.

The use of ORVs shall be permitted on city sidewalks for plowing snow or other approved operations as designated by Asotin city council. ORVs are allowed to plow snow in front of the owners’ residences as well as others residences upon request. (Ord. 14-782 § 1, 2014)

10.32.040 Operation of ORV.

It shall be unlawful for a person to operate an ORV:

A. Upon any public roadway of this city, not including nonhighway roads and trails, having a speed limit of more than 35 miles per hour.

B. In violation of the rules of the road which apply to motor vehicles.

C. Without a lighted headlight and taillight.

D. Without adequate brakes and working brake lights.

E. Without a spark arrester approved by the Washington State Department of Natural Resources.

F. Without a muffler and other equipment that complies with RCW 46.09.120.

G. On lands not owned by the operator or owner of the ORV or without permission of the land owner and in such a manner as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage or destroy trees, growing crops or other vegetation.

H. The operator of an ORV abreast of another vehicle, or in any manner except single file, on the right-hand side of the roadway.

I. While under the influence of intoxicating liquor and/or drug which is a misdemeanor (RCW 46.09.120(2)).

J. Except for an ORV equipped with seat belts and roll bars or an enclosed passenger compartment, without wearing upon his or her head a DOT approved motorcycle helmet fastened securely while in motion. “Motorcycle helmet” has the same meaning as provided in RCW 46.37.530.

K. In a manner that may endanger human or animal life or the property of another.

L. In violation of any state or local laws.

M. Without proper eye protection per RCW 46.37.530(b) and WAC 204-10-026. (Ord. 14-782 § 1, 2014)

10.32.050 Towing.

ORV operators shall abide by the manufacturer’s guidelines or specifications when towing approved devices. It will be unlawful for any ORV to pull any sled, toboggan, trailer or any other device except by means of a rigid bar connection to such device. No person shall be pulled in any fashion by an ORV. (Ord. 14-782 § 1, 2014)

10.32.060 Age/license requirement.

No person under the age of 16 shall operate an ORV upon public right-of-way within the corporate limits of the city of Asotin. All operators must carry a valid government issued driver’s license on their person. (Ord. 14-782 § 1, 2014)

10.32.070 Trespassing.

Nothing in this chapter authorizes trespass on private property. (Ord. 14-782 § 1, 2014)

10.32.080 Public disturbance noise.

Chapter 9.28 AMC is adopted by reference as if the same were fully set forth in this chapter. (Ord. 14-782 § 1, 2014)

10.32.090 Street designation.

The following streets within the corporate limits of the city of Asotin are designated for ORV traffic:

A. All Asotin city streets and roads are open to ORV use unless posted closed.

B. RCW 46.09.455 allows for travel of an ORV upon State Route 129 within the city limits of Asotin, provided the speed limit on that segment of State Route 129 is 35 miles per hour or less.

C. The mayor of Asotin has the authority to close streets on a temporary basis. Temporary closures cannot last more than 14 consecutive days unless approved by the Asotin city council. (Ord. 14-782 § 1, 2014)

10.32.100 Authorization to utilize designated streets.

Streets designated in AMC 10.32.090 are open for use by ORVs as defined in this chapter. (Ord. 14-782 § 1, 2014)

10.32.110 Civil liabilities.

In addition to the penalties provided in this chapter, the owner and/or operator of any ORV, traveling within the corporate limits of the city of Asotin, 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 animals. Any injured person or owner of property or animals damaged or injured may recover treble damages as well as costs, expenses and reasonable attorney’s fees. (Ord. 14-782 § 1, 2014)

10.32.120 Violation – Penalties.

Failure to perform any act required, or the performance of any act prohibited, in this chapter shall be designated as a traffic infraction, unless so otherwise stated, and any person found to have committed such traffic infraction shall be subject to penalties governed by the Revised Code of Washington. Any violation of this chapter not covered by the Revised Code of Washington will be considered a violation of the city of Asotin Municipal Code which will be an infraction with a monetary penalty as set forth in the city of Asotin fee schedule. (Ord. 14-782 § 1, 2014)