Chapter 12.11


12.11.010    Definitions.

12.11.020    WATV license.

12.11.030    Use for the good of the community.

12.11.040    Operation of WATV.

12.11.050    Towing.

12.11.060    Age/license requirement.

12.11.070    Trespassing.

12.11.080    Public disturbance noise.

12.11.090    Street designation.

12.11.100    Civil liabilities.

12.11.110    Violation—Penalties.

12.11.010 Definitions.

The terms herein shall be construed as follows unless clearly contrary or inconsistent with the context:

(a)    “Designated street” means those streets and alleys selected by the Omak city council for WATV travel.

(b)    “Highway roads” means the entire width between the boundary lines of every publicly maintained roadway when any part thereof is open to the use of the public for the purpose of vehicular travel.

(c)    “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.

(d)    “Off-road vehicle” or “ORV” means any nonstreet ORV-licensed vehicle when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain. Such vehicles include all-terrain vehicles, motorcycles, four-wheel-drive vehicles, and dune buggies. Snowmobiles are not included in this definition by this chapter.

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

(f)    “ORV recreational facilities” include but are 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.

(g)    “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.

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

(i)    “RCW” means Revised Code of Washington.

(j)    “WAC” means Washington Administrative Code.

(k)    “WATV” means wheeled all-terrain vehicles commonly known as four-wheelers, side-by-side off-road vehicles or utility vehicles as defined in RCW 46.09.310(19). (Ord. 1786 § 1 (part), 2014).

12.11.020 WATV license.

No person shall operate any WATV within the corporate limits of the city of Omak without a license plate issued by the Department of Licensing and displaying a current on-road WATV tag in accordance with Washington State RCW 46.09.442(3) and proper on-road vehicle registration.

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 any municipality or political subdivision thereof.

(c)    WATVs owned by a resident of another state, which have a valid WATV or 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)    WATVs being used for search and rescue purposes under the authority or direction of an appropriate search and rescue or law enforcement agency. (Ord. 1786 § 1 (part), 2014).

12.11.030 Use for the good of the community.

The use of WATVs shall be permitted on city sidewalks for plowing snow or other approved operations as designated by the Omak city council. WATVs are allowed to plow snow in front of the owner’s residence as well as other person’s residence upon request. (Ord. 1786 § 1 (part), 2014).

12.11.040 Operation of WATV.

It shall be unlawful for a person to operate a WATV:

(a)    In such a manner as to endanger the property of another, or at a rate of speed greater than the posted speed limit for the road it is being operated on.

(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 light.

(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 46.09.470.

(g)    On lands not owned by the operator or owner of the WATV or without permission of the landowner 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)    To operate a WATV abreast of another vehicle, or in any other 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 46.09.470(2)).

(j)    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. “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 property.

(l)    In violation of any state or local laws.

(m)    Without proper eye protection per RCW 44.37.530(b) and WAC 204-10-026. (Ord. 1786 § 1 (part), 2014).

12.11.050 Towing.

WATV operators shall abide by the manufacturer’s guidelines or specifications when towing approved devices. It will be unlawful for any WATV to pull any sled, toboggan, trailer or other device except by means of a rigid tow bar connecting the same to such device. No person shall be pulled in any fashion by a WATV. (Ord. 1786 § 1 (part), 2014).

12.11.060 Age/license requirement.

No person under the age of sixteen shall operate a WATV upon public rights-of-way within the corporate limits of the city of Omak. All operators must carry a valid government-issued driver’s license on their person. (Ord. 1786 § 1 (part), 2014).

12.11.070 Trespassing.

Nothing in this chapter authorizes trespass on private property. (Ord. 1786 § 1 (part), 2014).

12.11.080 Public disturbance noise.

Operation of WATVs in accordance with this chapter is subject to the restriction on public disturbance noise as regulated in Chapter 7.20. (Ord. 1786 § 1 (part), 2014).

12.11.090 Street designation.

The following streets and alleyways within the corporate limits of the city of Omak are designated for WATV traffic:

(a)    All Omak city streets and alleys on the west side of the Okanogan River are open to WATV traffic.

(b)    In that portion of the city of Omak lying within the boundaries of the Colville Indian Reservation, all city streets and alleys are closed to WATV traffic except (1) that portion of Eighth Avenue connecting Rodeo Trail Road with Jackson Street; (2) that portion of Jackson Street from Eighth Avenue to Omak Avenue and (3) that portion of Omak Avenue from its intersection with Jackson Street to its point of connection with Central Avenue.

(c)    The mayor of Omak has the authority to close streets and alleys to WATV use on a temporary basis. Temporary closures shall not last more than fourteen consecutive days unless approved by the Omak city council. (Ord. 1813 § 1, 2015: Ord. 1786 § 1 (part), 2014).

12.11.100 Civil liabilities.

In addition to the penalties provided in this chapter, the owner and/or operator of any WATV traveling within the corporate limits of the city of Omak found to have violated any provision of this chapter may be liable to the 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. 1786 § 1 (part), 2014).

12.11.110 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 Omak Municipal Code which will be an infraction with a monetary penalty as set forth in Chapter 1.16, General Penalty. (Ord. 1786 § 1 (part), 2014).