As used in this chapter, the following definitions shall apply:
OFF HIGHWAY MOTOR VEHICLE. A motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:
(1) ALL-TERRAIN VEHICLE. A motor vehicle 50 inches or less in width, having an unladen dry weight of 1,000 pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and handlebar-type steering control.
(2) RECREATIONAL OFF-HIGHWAY VEHICLE. A motor vehicle designed for travel on four or more non-highway tires, for recreational use by one or more persons, and having:
(a) A steering wheel for steering control;
(b) Non-straddle seating;
(c) Maximum speed capability greater than 35 miles per hour;
(d) Gross vehicle weight rating no greater than 1,750 pounds;
(e) Less than 80 inches in overall width, exclusive of accessories;
(f) Engine displacement of no more than 1,000 cubic centimeters; and
(g) Identification by means of a 17-character vehicle identification number; or
(3) By rule of the New Mexico Department of Game and Fish, any other vehicles that may enter the market that fit the general profile of vehicles operated off the highway for recreational purposes.
(Ord. 163, passed 7-20-2016)