(A) UTVs shall only be operated on streets within the municipal limits of the town in accordance with the following rules and regulations.
(1) Any person who operates a UTV in the town assumes all liability associated with its operation.
(2) Any person who operates a UTV must be at least 18 years of age and possess a valid driver’s license as required by the state for operation of a motor vehicle. UTV operators must carry their driver’s licenses on their persons at all times while operating the UTV on the streets within the corporate limits.
(3) UTVs shall not be operated on the streets within the town between the hours of official sunset and sunrise unless the UTV is properly equipped with two working headlights one on each side of the front of the vehicle visible under normal atmospheric conditions from a distance of at least 300 feet, two working tail lights on the rear of the vehicle both exhibiting red lights visible under like conditions from a distance of at least 200 feet, working brake lights and working turn signals.
(4) UTVs shall only be driven on streets in the town with a posted speed limit of 35 mph or less.
(5) UTVs shall not be operated on or alongside any portion of Wilkinson Boulevard/Highway 29-74 unless crossing at a controlled intersection with a street that has a posted speed limit of 35 mph or less.
(6) Any person who operates a UTV on the streets in the town shall adhere to all applicable state laws concerning the possession and use of alcoholic beverages and illegal drugs, and all applicable state traffic laws.
(7) No UTV shall be operated in a careless or reckless manner so as to endanger any person or property.
(8) UTVs shall be operated to the right side of the travel lane unless making a left turn.
(9) The maximum occupancy of a UTV traveling on streets shall be one person per bucket seat or two people per bench seat. Child/infant restraints are required to be used in the same manner as required for passenger vehicles. Passengers are not allowed to ride within the bed of the UTV.
(10) Persons operating or riding within any UTV on the streets within the town shall wear a properly fastened seatbelt that has been installed by the UTV manufacturer.
(11) The town encourages any person operating or riding within a UTV upon the streets within the town wear a securely fastened safety helmet on his or her head.
(12) UTVs shall not be operated on any sidewalk in the town, unless at locations approved and designated by proper signage installed by the town.
(13) UTVs shall only operate on greenway or pedestrian trails that have been approved and designated by proper signage installed by the town.
(14) UTVs shall not be operated on or across any public or private properties outside the street right-of-way without the permission of the property owner.
(15) UTVs shall only park in handicapped parking spaces if the driver or at least one passenger has a valid handicap parking placard and such placard is properly displayed in the UTV.
(16) UTVs shall not be operated at a speed greater than is reasonable and prudent for the existing conditions and in no instance at a speed greater than 20 mph and shall obey speed zones that may be less than 20 mph.
(17) All UTV owners that operate on the streets within the town shall complete and submit a UTV registration form. The completed forms will be maintained by the town’s Police Department. UTVs operated on the streets within the town must have a valid permit/sticker issued by the Police Department. A yearly registration fee will be charged for this permit/sticker to cover the costs of implementing and maintaining this chapter. The fee amount will be determined by the fee schedule adopted each year by the town. The Chief of Police retains the right to refuse to issue and/or revoke any permit/sticker from any UTV at any time for any reason that he or she feels is appropriate to ensure the safety and well being of the citizens of the town or the motoring public.
(18) Each UTV owner shall have proof of ownership, and must complete a waiver of liability, releasing the town, its employees and officials from all liability that may arise as a result of operating a UTV on streets inside the town. Waivers of liability may be requested by the town’s Police Department at the time of each permit renewal.
(19) Lost or stolen permit/stickers are the responsibility of the owner. A police report must be filed in the event of a lost or stolen permit/sticker. The Chief of Police shall have discretion in determining whether a permit/sticker may be re-issued in this instance. If no record can be found of a previous application, or the receipt of a permit/sticker, the Chief of Police may direct the applicant to reapply, and also resubmit any and all fees necessary, before a replacement permit/sticker is issued.
(20) Any person who operates a UTV on the streets shall have liability insurance coverage in an amount sufficient to cover the risk involved in using the UTV on the streets. Proof of such insurance shall be in the possession of the operator of the UTV at all times and a copy shall be provided to the town’s Police Department at the time of permitting and at the time of each permit renewal. Such insurance shall specifically list the UTV as referenced by the serial number and year of model.
(B) Any act constituting a violation of this chapter or failure to comply with any of its requirements shall subject the offender to a civil penalty or other listed remedies in accordance with the town code, plus any attorney fees incurred by the town. Offenders are also subject to charges on state uniform citations and arrest. If the offenders fail to pay any civil penalty within ten days of its issuance, or if there are repeat ordinance violations, the privileges and permit granted by this chapter may be revoked by the town’s Police Department.
(C) UTVs used/owned by the town and operated for special events or official business shall be exempt from permit fees, but shall otherwise comply with the above requirements.