Chapter 10.07
REGULATIONS FOR WHEELED ALL-TERRAIN VEHICLES
Sections:
10.07.020 WATV/ORV registration and license requirements.
10.07.030 Use for the good of the community.
10.07.040 Operation of WATV/ORV.
10.07.060 Age/license requirement.
10.07.080 Public disturbance noise.
10.07.100 Violation—Penalties.
10.07.010 Definitions.
“Designated street” means those streets selected by the Battle Ground city council for WATV travel as provided in BGMC 10.07.090.
“Highway roads” means the entire width between the boundary lines of every roadway publicly maintained by the city when any part thereof is open to the use of the public for the purpose of vehicular travel. A highway is generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles.
“Motorcycle helmet” means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with the manufacturer’s certification applied in accordance with 49 CFR 571.218 indicating that the motorcycle helmet meets standards established by the United States Department of Transportation as provided by RCW 46.37.530.
“Nonhighway roads” means roads that are owned or managed by the city, a primitive road, or any private road for which the owner has granted an easement for public use.
“Nonhighway vehicle” means any motorized vehicle including a WATV or ORV when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain.
Nonhighway vehicle does not include:
1. Any vehicle designed primarily for travel on, over, or in the water;
2. Snowmobiles or any military vehicles; or
3. Any vehicle eligible for a motor vehicle fuel tax exemption or rebate under Chapter 82.38 RCW while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles.
“Operator” means any person who operates, or is in physical control of, any nonhighway vehicle.
“ORV or WATV license” means a license issued by Department of Licensing for operation of a wheeled all-terrain vehicle.
“ORV or WATV recreational facility” includes, but is not limited to, ORV/WATV trails, trailheads, campgrounds, ORV/WATV sports parks, and ORV/WATV use areas designated for ORV/WATV use by the managing authority of such area that are intended primarily for ORV/WATV recreational users.
“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 Revised Code of Washington.
“WAC” means Washington Administrative Code.
“Wheeled all-terrain vehicle” (“WATV”) and “off-road vehicle” (“ORV”) mean any nonhighway WATV/ORV licensed vehicle commonly known as four-wheelers, side-by-side off-road vehicles, utility vehicles, motorcycles, dune buggies and other similar nonhighway vehicles as further defined as (1) any motorized nonhighway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has four tires having a diameter of thirty inches or less, or (2) a utility-type vehicle designed for and capable of travel over designated roads that travels on four or more low-pressure tires of twenty psi or less, has a maximum width less than seventy-four inches, has a maximum weight less than two thousand pounds, has a wheelbase of one hundred ten inches or less, and satisfies at least one of the following: (a) has a minimum width of fifty inches; (b) has a minimum weight of at least nine hundred pounds; or (c) has a wheelbase of over sixty-one inches, consistent with RCW 46.09.310(19). (Ord. 21-15 § 1, 2021)
10.07.020 WATV/ORV registration and license requirements.
All WATVs operating on any roads within the corporate limits of the city of Battle Ground shall comply with all Washington State registration requirements in accordance with RCW 46.09.410 and 46.09.420 and all WATV permits in accordance with RCW 46.09.430. All WATVS shall further meet all registration and licensing requirements per Chapter 46.09 RCW. All WATVs shall meet all equipment requirements, be certified by a Washington State licensed WATV dealer or motor vehicle repair shop, and shall satisfy all declaration requirements per RCW 46.09.457.
No person shall operate any WATV within the corporate limits of the city of Battle Ground without a license decal, issued by the Department of Licensing and displaying a current WATV tag in accordance with current Washington State RCW.
WATV license and WATV tags shall be required under the provisions of this chapter, except for the following exemptions:
A. WATVs owned and operated by the United States, another state, or political subdivision thereof;
B. WATVs owned and operated by Washington State, or by any municipality or political subdivision thereof;
C. WATVs owned by a resident of another state, which have a valid WATV 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. WATVs being used for search and rescue purposes. (Ord. 21-15 § 1, 2021)
10.07.030 Use for the good of the community.
The use of WATVs shall be unlawful on city sidewalks except for the sole purpose of plowing snow or any other specifically approved operations as designated by the Battle Ground city council. WATVs may be used to plow snow in front of the owner’s residences as well as other person’s residences upon agreement between the parties.
It shall be unlawful to park any WATV on any sidewalk, walkway, pedestrian trail, designated bicycle lane, or bridge where the operation of motor vehicles is prohibited. (Ord. 21-15 § 1, 2021)
10.07.040 Operation of WATV/ORV.
It shall be unlawful for any person to operate a WATV:
A. In such a manner as to negligently endanger the safety of persons, animals, or property.
B. At a rate of speed greater than the posted speed limit.
C. In violation of the rules of the road as codified by Chapter 46.61 RCW which apply to motor vehicles.
D. Without an operational lighted headlight and operational taillight.
E. Without adequate brakes and working brake light.
F. Without a spark arrester approved by the Washington State Department of Natural Resources.
G. Without a muffler and other equipment that complies with RCW 46.09.470.
H. Without proper eye protection as outlined by RCW 46.37.530(b) and WAC 204-10-026.
I. Except for a WATV 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.
J. On any roadways not specifically designated by BGMC 10.07.090 or on lands not owned by the operator or owner of the WATV unless the operator of the WATV has received the express permission of the landowner and such operation is not otherwise impermissible or unlawful.
K. In such a manner as to damage any highway or nonhighway road or sidewalk or to expose the underlying soil thereof, or to create an erosion condition, or to injure, damage or destroy trees, growing crops, or other vegetation on any highway or nonhighway roads or sidewalks upon which a WATV is permitted to operate pursuant to this chapter.
L. Abreast of another vehicle, or in any other manner except single file, on the right hand side of the roadway, in full compliance with all other rules of the road as designed by the RCW and BGMC.
M. While under the influence of intoxicating liquor and/or a controlled substance, which is a misdemeanor. (RCW 46.09.470(2))
N. In violation of any other federal, state, or local laws and regulations. (Ord. 21-15 § 1, 2021)
10.07.050 Towing.
WATV operators shall abide by the manufacturer’s guidelines or specifications when towing approved devices. It shall be unlawful for any WATV to pull any sled, toboggan, trailer or any other device except by means of a rigid tow bar connecting the same to such device and in strict adherence to all other rules of the road as outlined by the RCW and BGMC. It shall be unlawful any person to tow, pull, or drag any other person in any fashion by a WATV. (Ord. 21-15 § 1, 2021)
10.07.060 Age/license requirement.
It shall be unlawful for any person under the age of sixteen to operate a WATV upon any public rights-of-way within the corporate limits of the city of Battle Ground. All operators shall carry a valid government issued driver’s license on their person. (Ord. 21-15 § 1, 2021)
10.07.070 Trespassing.
Nothing in this chapter authorizes trespass on private property by any person. (Ord. 21-15 § 1, 2021)
10.07.080 Public disturbance noise.
Chapter 9.42 BGMC is adopted by reference as if the same were fully set forth in this chapter and shall govern the noise emitted by any ORV/WATV. (Ord. 21-15 § 1, 2021)
10.07.090 Street designation.
The following streets within the corporate limits of the city of Battle Ground are designated and authorized for WATV traffic:
All Battle Ground city streets and roads are open to WATV use unless posted closed.
Designated streets and roads closed to WATV use are as follows:
Beginning and ending at Battle Ground city limits, State Highways 503 and 502.
NW 25th Street from SR 503 to N Parkway Avenue.
Eaton Boulevard from three hundred fifty feet east of NE 101st Avenue to east city limits.
SE Grace Avenue from SE Eaton Boulevard to south city limits.
E Main Street from NE Goddard Road to east city limits.
NE Grace Avenue from NE 10th Street to north city limits.
NE 249th Street from N Parkway Avenue/NE 132nd Avenue to NE Grace Avenue/NE 142nd Avenue.
N Parkway Avenue/NE 132nd Avenue from N 25th Street to NE 249th Street.
NE 92nd Avenue from SR 502 to north city limits.
City manager of Battle Ground has authority to close streets on temporary basis. Temporary closure(s) cannot last more than fourteen consecutive days unless approved by the Battle Ground city council. (Ord. 21-15 § 1, 2021)
10.07.100 Violation—Penalties.
A. It is a violation of this chapter for any person to operate a WATV within the corporate limits of the city of Battle Ground in a manner inconsistent with this chapter. Any person violating a provision of this chapter may be subject to a criminal offense and/or traffic infraction punishable in accordance with the relevant provisions of Chapters 46.63 and 46.09 RCW, and any other relevant provisions of the RCW. If the conduct constitutes a criminal traffic offense as defined by the RCW, the conduct may be charged as such and subject to the maximum penalties allowed for such offense. If the conduct constitutes a criminal offense as defined by the RCW, the conduct may be charged as such and subject to the maximum penalties allowed for such offense.
B. Any violation of this chapter not designated as a criminal offense and/or a traffic infraction within the RCW shall be a Class 1 civil infraction punishable by a fine not to exceed two hundred fifty dollars, not including any statutory assessments.
C. In addition to the penalties provided in subsections A and B of this section, the owner and/or operator of the WATV shall be liable for any damages to property, including but not limited to: trees, shrubs, crops, or any ornamental vegetation damaged as a result of the operation of a WATV. (Ord. 21-15 § 1, 2021)