Chapter 8.98
NONHIGHWAY VEHICLES1
Sections:
8.98.010 Regulations application.
8.98.030 Use permit and tag required.
8.98.040 Permit and dealer tags – Display required.
8.98.050 Operating violations.
8.98.010 Regulations application.
The provision of this chapter shall apply to all lands in this municipality. No person shall have the right or authority to enter upon private property and operate or assist in the operation of a nonhighway vehicle thereupon, without the prior written permission of the property owner, carried upon their person or filed with the police department. (Ord. 454 § 1, 1985).
8.98.020 Definitions.
As used in this chapter the following words and phrases shall have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates:
(1) “Highway” means the entire width between the boundary lines of every way publicly maintained by the State Department of Transportation or the city when any part thereof is generally open to the use of the public for the purposes of vehicular travel as a matter of rights.
(2) “Hunt” means any effort to kill, injure, capture or purposely disturb a wild animal or wild bird.
(3) “Nonhighway road” means any road other than a highway, generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles and which are private roads.
(4) “Nonhighway vehicle” means any self-propelled vehicle when used for cross-country travel on trails and nonhighway roads or anyone of the following in combination thereof: land, water, snow, ice, marsh, swamp land and other natural terrain. Such vehicles shall include, but are not limited to, four-wheel drive vehicles, motorcycles, amphibious vehicles, ground effects or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind; except any vehicle designed primarily for travel on, over or in the water, farm vehicles, logging and private forestry vehicles, snowmobiles or military or law enforcement vehicles.
(5) “Off-road vehicle,” or “ORV” means any nonhighway vehicle when used for cross-country travel on trails or on any one of the following, or a combination thereof: land, water, snow, ice, marsh, swampland, and other natural terrain.
(6) “Off-road vehicle trail” means a corridor designated and maintained for recreational travel, by whatever mode of transportation (foot, animal or vehicular) authorized by the managing authority for the property that the trail traverses.
(7) “Off-road vehicle use permit” means the permit system established for off-road vehicles in the state.
(8) “Operator” means each person who operates, or is in physical control of, any nonhighway vehicle.
(9) “Organized competitive event” means any competition, advertised in advance, sponsored by recognized clubs, and conducted at a predetermined time and place.
(10) “Owner” means the person other than the lienholder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof.
(11) “Person” means any individual, firm, partnership, association or corporation. (Ord. 454 § 2, 1985).
8.98.030 Use permit and tag required.
No person shall operate any nonhighway vehicle within the municipality unless such nonhighway vehicle has been assigned an ORV use permit and displays the permit in accordance with RCW 46.09.040, et seq. (Ord. 454 § 3, 1985).
8.98.040 Permit and dealer tags – Display required.
All ORV use permit tags and ORV dealer permits shall be displayed in a manner prescribed by the Department of Motor Vehicles on nonhighway vehicles when required by RCW 46.09.050. (Ord. 454 § 4, 1985).
8.98.050 Operating violations.
It is unlawful for any person to operate any nonhighway vehicle:
(1) While under the influence of intoxicating liquor or a controlled substance, which shall be a gross misdemeanor;
(2) In such a manner as to endanger the property of another, or any human life or personal safety, which shall be an infraction;
(3) On lands not owned by the operator or owner of the nonhighway vehicle without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others regardless of ownership, which shall be an infraction;
(4) On lands not owned by the operator or owner of the nonhighway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership, which shall be an infraction;
(5) Without a spark arrestor approved by the Department of Natural Resources, which shall be an infraction;
(6) Without an adequate and operating muffling device which shall effectively blend the exhaust and motor noise in such a manner so as to preclude excessive or unusual noise. Nonhighway vehicles manufactured after January 4, 1973, shall effectively maintain such noise at a level of 82 decibels or below on the “A” scale at 100 feet under testing procedures as established by the Washington State Patrol, which shall be an infraction;
(7) On lands not owned by the operator or owner of the nonhighway vehicle upon the shoulder or inside bank or slope of any nonhighway road or highway, or upon the median of any divided highway, which shall be an infraction;
(8) On lands not owned by the operator or owner of the nonhighway vehicle in any area or in such a manner so 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, which shall be an infraction;
(9) On lands not owned by the operator or owner of the nonhighway vehicle or on any nonhighway road or trail which is restricted to pedestrian or animal travel, which shall be an infraction. (Ord. 454 § 5, 1985).
8.98.060 Violation – Penalty.
Any person violating any infraction provision of this chapter, upon conviction shall be fined in sum of not less than $50.00 and not to exceed $500.00. Any person violating the gross misdemeanor provision of this chapter shall be punished in accordance with the punishments in effect for violations of RCW 46.61.506 or 46.61.504 pursuant to RCW 46.61.5515 or successor statutes. (Ord. 454 § 6, 1985).
Prior legislation: Ords. 298 and 330.