Chapter 10.24
OFF-HIGHWAY VEHICLES
Sections:
10.24.030 Unlawful operation of off-highway vehicle.
10.24.010 Application.
The provisions of this chapter shall apply to all lands in the town. Nothing in this chapter shall be deemed to limit the provisions or the application of RCW Chapter 46.09. Further, nothing in this chapter shall be deemed to grant any persons the right or authority to enter upon private property without permission of the property owner. (Ord. 343 § 1, 1994)
10.24.020 Definitions.
As used in this chapter:
“Off-highway vehicle” means any self-propelled vehicle when used for recreation travel on trails and nonhighway roads or for recreation cross-county travel on any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland and other natural terrain. Such vehicles shall include but are not limited to, two- or four-wheel-drive vehicles, motorcycles, dune buggies, 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. “Off-highway vehicle” does not include (1) any vehicle designed primarily for travel on, over or in the water, or (2) snowmobiles or any military vehicles. (Ord. 343 § 2, 1994)
10.24.030 Unlawful operation of off-highway vehicle.
It is unlawful for any person to operate any off-highway vehicle:
A. While under the influence of intoxicating liquor or a controlled substance;
B. In such a manner as to endanger the property of another;
C. On lands not owned by the operator or owner of the off-highway 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;
D. On lands not owned by the operator or owner of the off-highway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership;
E. On lands not owned by the operator or owner of the off-highway vehicle without written permission signed by the owner(s) of such lands, such permission shall be on the operator’s person while operating such vehicle;
F. Without a spark arrestor approved by the Washington Department of Natural Resources;
G. Without an adequate and operating muffling device which shall effectively blend the exhaust and motor noise in such a manner as to preclude excessive or unusual noise. Off-highway vehicles manufactured after January 4, 1973, shall effectively maintain such noise at a level of eighty-two (82) decibels or below on the “A” scale at one hundred (100) feet under testing procedures as established by the Washington State Patrol;
H. On lands not owned by the operator or owner of the nonhighway vehicle upon the shoulder or inside bank or slope of any non-highway road or highway, or upon the median of any divided highway;
I. On lands not owned by the operator or owner of the off-highway 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;
J. On lands not owned by the operator or owner of the off-highway vehicle or on any nonhighway road or trail which is restricted to pedestrian or animal travel; or
K. On any public lands in violation of rules and regulations of the agency administering such lands. (Ord. 343 § 3, 1994)