Chapter 11.16
WHEELED ALL-TERRAIN VEHICLES (WATVs)

Sections:

11.16.010    Purpose.

11.16.020    Definitions.

11.16.030    Operation on County roads.

11.16.040    Roads open to WATVs.

11.16.050    Vehicles not considered WATVs for purposes of this chapter.

11.16.060    Prohibited activities.

11.16.070    Exemptions.

11.16.080    Violations and penalties.

11.16.090    Severability.

SOURCE:    ADOPTED:

Ord. 903    06/30/15

11.16.010 Purpose.

The purpose of this chapter is to implement Chapter 46.09 RCW regarding the use of wheeled all-terrain vehicles (WATVs) on County roads.

11.16.020 Definitions.

The definitions contained in Chapters 46.04 and 46.09 RCW as now enacted or subsequently amended are adopted and incorporated by reference.

11.16.030 Operation on County roads.

(1) All WATVs operating on County roads must comply with all Washington State registration requirements, WATV use permits, and equipment laws.

(2) All persons operating WATVs on County roads must meet all registration and licensing requirements as set forth in Chapter 46.09 RCW.

(3) All persons operating WATVs on County roads must obey all traffic laws including but not limited to rules of the road, traffic law or code, parking regulations, and road closures or restrictions, unless otherwise expressly exempt in Chapter 46.09 RCW. WATV operators must obey posted speed limits while traveling on open County roads.

11.16.040 Roads open to WATVs.

(1) All County roads with a posted speed limit of 35 miles per hour (mph) or less and as set forth in CCC 11.04.010 through 11.04.040 are open to WATVs.

(2) All County roads with a posted speed limit in excess of 35 mph are closed to WATVs, except where a person operating a WATV must cross a road with a posted speed limit in excess of 35 mph to get to another open segment. Roads closed to WATVs are set forth in CCC 11.04.050 through 11.04.070.

11.16.050 Vehicles not considered WATVs for purposes of this chapter.

The following vehicles are not considered WATVs:

(1) Dune buggies.

(2) Go carts.

(3) Handmade unlicensed vehicles.

(4) Golf carts.

(5) Other vehicles not meeting the definition of “wheeled all-terrain vehicle” as set forth in RCW 46.09.310(19).

11.16.060 Prohibited activities.

No operator may use any WATV to pull a sled, toboggan, inner tube, wagon, trailer, or any other similar device, to pull another person thereon. Using a trailer or other similar device must be in compliance with manufacturer’s guidelines and must include the use of a rigid tow bar connected to the WATV and the trailer. Violation of this chapter shall be an infraction with a penalty of $125.

11.16.070 Exemptions.

This chapter shall not apply to the following:

(1) An appropriate local, State, and/or federal agency that engages in emergency management, as defined by State law, or to those individuals associated with such agencies and engaged in search and rescue operations, as defined by State law, or law enforcement agencies when operation of any such vehicle is in accordance with the scope of the official duties of the agency.

(2) This chapter may be suspended by County resolution for parades, as authorized by the State of Washington in conjunction with Clallam County, or any parades authorized by Clallam County where permission from the State of Washington is not required.

11.16.080 Violations and penalties.

(1) It is a violation of this chapter for any person or WATV to operate on County roads inconsistent with this chapter. Persons violating this chapter may be subject to traffic infractions, misdemeanors, gross misdemeanors, and/or civil penalties.

(2) Violations of this chapter for infractions, misdemeanors, and gross misdemeanors shall be governed by Washington State law prescribing the applicable punishment.

(3) In addition to the penalties provided in this chapter, the owner and/or operator of any nonhighway vehicle shall be liable for any damage to property including, but not limited to, damage to trees, shrubs, or growing crops as the result of operating a WATV. The owner of such property may recover from the person responsible three times the amount of the damage per RCW 46.09.490(2).

11.16.090 Severability.

Should any section, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this chapter be preempted by State or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portion of this chapter or its application to other persons or circumstances.