Chapter 10.32


10.32.010    Definitions.

10.32.020    ORV use permit.

10.32.030    Use for the good of the community.

10.32.040    Operation of ORV.

10.32.060    Rescinding, amendments and changes to the chapter.

10.32.080    Towing.

10.32.090    Age/license requirement.

10.32.100    Trespassing.

10.32.110    Street designation and hours of operation.

10.32.130    Civil liabilities.

10.32.140    Accident reports.

10.32.150    Violation--Penalties.

10.32.010 Definitions.

In construing the provisions of this chapter, except when otherwise declared or clearly apparent from the context, the following definitions shall be applied:

“Designated street” means those streets selected by the town of Wilbur town council for ORV travel.

“Highway roads” means the entire width between the boundary lines 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.

“Nonhighway vehicle” means any motorized vehicle including ORVs when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain.  Nonhighway vehicles do not include (A) any vehicle designed primarily for travel on, over, or in the water; (B) any military vehicles; (C) any vehicle eligible for a motor vehicle fuel tax exemption or rebate under Chapter 82.36 RCW while an exemption or rebate is claimed.  This exemption includes but is not limited to farm, construction, and logging vehicles.

“Off-road vehicle” or “ORV” means any nonstreet-licensed vehicle when used for recreational purposes on nonhighway roads, trails, or a variety of other natural terrain.  Such vehicles include, but are not limited to, all-terrain vehicles, motorcycles, four-wheel-drive vehicles, and dune buggies.

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

“ORV use permit” means a permit issued for operation of an off-road vehicle.

“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 the Revised Code of Washington.  (Ord. 475 §1, 2008)

10.32.020 ORV use permit.

No person shall operate any off-road vehicle within the corporate limits of the town of Wilbur without a use permit decal, issued by the Department of Licensing and displaying a current ORV tag in accordance with current Washington State RCWs.

A.  There will also be a town of Wilbur ORV use permit.  This permit will be an annual permit and cost ten dollars per year.  The permit can be purchased at the Wilbur Town Hall or at an independent sales agent licensing location approved by the town council of the town of Wilbur.

B.  ORV use permits and ORV tags shall be required under the provisions of this chapter, except for the following exemptions:

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

2.  ORVs owned and operated by this state, or by any municipality or political subdivision thereof.

3.  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.

4.  ORVs being used for search and rescue purposes under the authority or direction of an appropriate search and rescue or law enforcement agency.  (Ord. 561 §1, 2014:  Ord. 475 §2, 2008)

10.32.030 Use for the good of the community.

The use of ORVs shall be permitted on town sidewalks for plowing snow or other approved operations as designated by the public works director.  ORVs are allowed to plow snow in front of the owners’ residences as well as other persons’ residences upon request.  At no time shall an owner of an ORV charge for such service or hire out for commercial snow plowing or other work involving the use of an ORV, on any public property or public property under the control of a private property owner.  (Ord. 475 §3, 2008)

10.32.040 Operation of ORV.

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

A.  In such a manner as to endanger the property of another, or at a rate of speed greater than twenty-five miles per hour.

B.  In violation of the rules of the road which apply to motor vehicles.

C.  On lands not owned by the operator or owner of the nonhighway vehicle, without a lighted headlight and taillight from one-half hour after sunset to one-half hour before sunrise, or when otherwise required for the safety of others, regardless of ownership.

D.  On lands not owned by the operator or owner of the nonhighway vehicle without adequate braking device, to include brake light, or when otherwise required for the safety of others, regardless of ownership.

E.  Without a spark arrester approved by the Department of Natural Resources.

F.  Without a muffler and other equipment that complies with RCW 46.09.120.

G.  On lands not owned by the operator or owner of the nonhighway vehicle 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 a nonhighway vehicle 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 46.09.120(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 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.  Except it shall be lawful to operate an ORV on lands not owned by the operator or owner of the ORV with written authorization to do so from the property owner or their authorized agent.  (Ord. 561 §2, 2014:  Ord. 475 §4, 2008)

10.32.060 Rescinding, amendments and changes to the chapter.

The town council and mayor hold the right to rescind or make amendments or changes to this chapter as deemed necessary at any time in the future.  (Ord. 475 §6, 2008)

10.32.080 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. 475 §8, 2008)

10.32.090 Age/license requirement.

No person under the age of sixteen or without a valid driver’s license shall operate an ORV within the corporate limits of the town of Wilbur.  (Ord. 475 §9, 2008)

10.32.100 Trespassing.

Nothing in this chapter authorizes trespass on private property.  (Ord. 475 §10, 2008)

10.32.110 Street designation and hours of operation.

A.  All streets may be used to reach designated streets, to be set when Lincoln County sets roads open for ORV use, as a means to ingress or egress the town of Wilbur at an approved point.

B.  No ORV shall be operated in the town of Wilbur between the hours of 11:00 p.m. and 7:00 a.m., unless special circumstances warrant their use, as approved by the town of Wilbur.  (Ord. 561 §5, 2014:  Ord. 475 §11, 2008)

10.32.130 Civil liabilities.

In addition to the penalties provided in this chapter, the owner and/or operator of any nonhighway vehicle, traveling within the corporate limits of the town of Wilbur, shall be liable for any damage to property or injury to persons or animals.  (Ord. 475 §13, 2008)

10.32.140 Accident reports.

The operator of any nonhighway vehicle involved in any accident resulting in injury to or death of any person or persons, or property damage to another, must file an accident report with the Wilbur police department immediately.  (Ord. 475 §14, 2008)

10.32.150 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 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 Wilbur Municipal Code, which will be an infraction with a monetary penalty as set forth in Chapter 1.08.  (Ord. 475 §15, 2008)