7-5-3: OPERATION:
   A.   A person shall not operate an off-highway motor vehicle on any limited access highway or freeway at any time.
   B.   A person age eighteen (18) or older may operate an ROV off-highway motor vehicle on any road, street or highway or an ATV on dirt roads owned and controlled by and within the City of Deming, provided:
      1.   The vehicle has one or more headlights and one or more taillights and brake lights that comply with the Off-Highway Motor Vehicle Act;
      2.   The vehicle has a horn, brakes, mirror(s), safety seat belts for each passenger and muffler(s);
      3.   The operator is eighteen (18) years of age or older, has a valid driver' s license, instruction permit or provisional license; and
      4.   The operator is insured in compliance with the provisions of the Mandatory Financial Responsibility Act; and
      5.   The operator of the vehicle is wearing eye protection, or the vehicle provides eye protection by a full windshield. Half or partial windshields do not qualify as eye protection; and
      6.   The operator and all passengers of the ROV are properly secured by safety belts including compliance with 2006 New Mexico Statutes 66-7-369 Child Passenger Restraint; Enforcement.
   C.   Off-highway motor vehicles may cross streets or highways, except those highways or freeways with limited access, including any NMDOT or State controlled streets if crossing is made after coming to a complete stop prior to entering the roadway. Off-highway motor vehicles shall yield the right of way to oncoming traffic and shall begin a crossing only when it can be executed safely and then cross in the most direct manner as close to a perpendicular angle as possible.
   D.   Traveling on NMDOT or State roadways, streets, or a combination thereof is not permitted on, but are not limited to, Pine Street, 8th Street, Florida Street, and Country Club Road which are the primary access roadways.
   E.   In addition to the off-highway registration sticker required by the Off-Highway Motor Vehicle Act (section 66-3-1003) this chapter requires vehicles also have the ON Highway Registration with sticker and plate properly applied available from the NM Department of Motor Vehicles.
   F.   A speed of forty five (45) miles per hour or the posted speed limit, whichever is less, must not be exceeded.
   G.   Hours of movement on City streets by off-highway vehicles are strictly prohibited after ten o’clock (10:00) P.M. or before seven o’clock (7:00) A.M. seven (7) days a week.
   H.   All traffic laws must be obeyed. (Ord. 1319, 2-21-2023)