(A) A person shall not operate any vehicle, including off-road vehicles, on unstabilized public property that is not a public roadway or lawful easement, without lawful authority. Lawful authority shall consist of rules, regulations, or orders of a federal agency, this state, a county or municipality, which shall be made available to the public by any one of the following methods:
(1) A sign to designate the property is/as open. Such sign shall be in compliance with the standard travel management sign protocol used by Southwest Land Management Agencies and shall at a minimum be conspicuously placed at all points of vehicular access and contain the following information: "Travel Must Remain On Designated Routes." Copies of the standard travel management sign protocol are available for review at the Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, AZ, 85004;
(2) Orders of a government land management agency; and
(3) Most current maps approved by such government land management agency.
(B) A person shall not operate any vehicle, including off-road vehicles, on unstabilized private property that is not a private road, street or lawful easement and that is closed by the landowner by rule or regulation of a federal agency, this state, a county or a municipality or by a proper posting, without the consent of the lawful owner. Consent of the lawful owner consists of either or both of the following:
(1) A sign to designate the property is/as open. Such sign shall be in compliance with the standard travel management sign protocol used by Southwest Land Management Agencies and shall at a minimum be conspicuously placed at all points of vehicular access and contain the following information: "Travel Must Remain On Designated Routes." Copies of the standard travel management sign protocol are available for review at the Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, AZ, 85004;
(2) Prior written permission which contains the following:
(a) The name, address and telephone number of the person granting permission for the use of the property;
(b) A description of the interest the person granting permission has in the property (i.e., property owner, lessee or agent);
(c) If the person granting permission is not the owner of the property, the written permission shall also contain the name, address and telephone number of the property owner;
(d) Specific period of time for which permission for the use of the property is being granted; and
(e) The signature of the person granting permission for the use of the property.
(C) Whenever any person is stopped by an Enforcement Officer for a violation of this section, he/she shall, upon the request of the Enforcement Officer identify or present the lawful authority or consent of the lawful owner required in this section.
(D) The property owner, person entitled to immediate possession of the property, or invitee who has lawful authority may operate such vehicles on the property if such use does not violate any other applicable laws.
(E) Exemption. This section shall not apply to the operation of vehicles used in the normal course of business, including the uses and maintenance permitted by the underlying zoning or the normal course of government operations, as long as such use does not violate any other applicable laws.
(F) Exemption. This section shall not apply to operations directed by utilities for operation, distribution, and transmission systems provided that both of the following conditions are satisfied:
(1) Operations are performed with a marked company vehicle; and
(2) If operations are performed with a personal vehicle, then identification of the company shall be visible and readable by the public.
(G) As mandated by A.R.S. § 9-500.27, a person who violates this section is guilty of a class 3 misdemeanor.
(H) As mandated by A.R.S. § 9-500.27, if a person is deemed to have violated this section, in addition to or in lieu of a fine, a judge may order the person to perform at least eight but not more than 24 hours of community restitution or to complete an approved safety course related to the off-highway operation of motor vehicles, or both.
(Ord. O2008-01, passed 5-5-08)