Chapter 10.36


10.36.010    Definitions.

10.36.020    ORV license.

10.36.030    Use for the good of the community.

10.36.040    Operation of ORV.

10.36.050    Rescinding, amendments and changes to this chapter.

10.36.060    Towing.

10.36.070    Age/license requirement.

10.36.080    Trespassing.

10.36.090    Public disturbance noise.

10.36.100    Street designation.

10.36.110    Civil liabilities.

10.36.120    Violation – Penalties.

10.36.010 Definitions.

“Designated street” means those streets selected by the Tonasket city council for ORV travel.

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

“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.

“Off-road vehicles” 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, four-wheel-drive vehicles, trail bikes, golf carts, and motorcycles not otherwise licensed as operational on highways in the state of Washington. Snowmobiles are not included in this definition by this chapter.

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

“ORV license” means a license issued by Department of Licensing for operation of an off-road vehicle.

“ORV recreational facility” includes, but is 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.

“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. (Ord. 725 § 1, 2013).

10.36.020 ORV license.

No person shall operate any ORV within the corporate limits of the city of Tonasket, without a license decal, issued by the Department of Licensing and displaying a current ORV tag in accordance with current Washington State RCWs.

ORV license and ORV tags shall be required under the provisions of this chapter, except for the following exemptions:

A. ORVs owned and operated by the United States, another state, or political subdivision thereof;

B. ORVs owned and operated by Washington State, or by any municipality or political subdivision thereof;

C. ORVs owned by a resident of another state, which have a valid 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. ORVs being used for search and rescue purposes under the authority or direction of an appropriate search and rescue or law enforcement agency. (Ord. 725 § 1, 2013).

10.36.030 Use for the good of the community.

The use of ORVs shall be permitted on city sidewalks for plowing snow or other approved operations as designated by the Tonasket city council. ORVs are allowed to plow snow in front of the owners’ residences as well as other persons’ residences upon request. (Ord. 725 § 1, 2013).

10.36.040 Operation of ORV.

It shall be unlawful for a person to operate an ORV:

A. In such a manner as to endanger and/or damage the property of another, or at a rate of speed greater than the posted city limit.

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 ORV without the landowner’s consent or in any area, or 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 an ORV 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 an ORV 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 46.37.530(b) and WAC 204-10-026. (Ord. 725 § 1, 2013).

10.36.050 Rescinding, amendments and changes to this chapter.

The Tonasket city council holds the right to rescind or make amendments or changes to this chapter as deemed necessary at any time in the future. (Ord. 725 § 1, 2013).

10.36.060 Towing.

ORV operators shall abide by the manufacturer’s guidelines or specifications when towing approved devices. It will be unlawful for any ORV to pull any sled, toboggan, trailer or any 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 an ORV. (Ord. 725 § 1, 2013).

10.36.070 Age/license requirement.

No person under the age of 16 or without a valid driver’s license shall operate an ORV within the corporate limits of the city of Tonasket, except on private property with the consent of the landowner. All operators must carry a valid government issued driver’s license. (Ord. 725 § 1, 2013).

10.36.080 Trespassing.

Nothing in this chapter authorizes trespass on private property. (Ord. 725 § 1, 2013).

10.36.090 Public disturbance noise.

Nothing in this chapter shall be deemed to create an exception to the noise restrictions contained in TMC 9.36.010. (Ord. 725 § 1, 2013).

10.36.100 Street designation.

The following streets, within the corporate limits of the city of Tonasket, are designated for ORV traffic:

A. All Tonasket city streets and roads are open to ORV use unless posted closed.

B. The mayor of Tonasket has authority to close streets on a temporary basis. Temporary closure(s) cannot last more than 14 consecutive days unless approved by the Tonasket city council. (Ord. 725 § 1, 2013).

10.36.110 Civil liabilities.

In addition to the penalties provided in this chapter, the owner and/or operator of any ORV, traveling within the corporate limits of the city of Tonasket, found to have violated any provision of this chapter may be liable to a landowner for any damage to property or injury to persons or animals. Any injured person or owner of property or animals that is damaged may recover treble damages as well as costs, expenses and reasonable attorneys’ fees. (Ord. 725 § 1, 2013).

10.36.120 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 Tonasket Municipal Code, which will be an infraction with a monetary penalty as set forth in the city of Tonasket’s fee schedule. (Ord. 725 § 1, 2013).