(A) There shall be a maximum speed limit for the operation of every off highway vehicle of twenty five (25) miles per hour when operated on any county highway unless otherwise posted as lower or identified by section 8-1-6 of this title.
1. Exclusion: Large all-terrain vehicles equipped and in compliance with all requirements of Nevada Revised Statutes 490.120 and legally registered in compliance with Nevada Revised Statutes 490.0825 may travel the posted speed limit on any road, highway, trail recognized and/or maintained and/or owned by Elko County and state highways as per Nevada Revised Statutes 490.110(d).
(B) There shall be a maximum speed limit of fifteen (15) miles per hour when operating in specific unincorporated areas of Elko County including Jarbidge, Jackpot, Lamoille, Midas, Montello, Tuscarora, Contact, Mountain City, recognized and filed residential subdivisions, and other like communities.
(C) Homeowners' associations (HOAs) and/or architectural review committees as recognized pursuant to section 4-9-4 of this code may ban or further restrict the operation of off highway vehicles on county highways within the respective subdivision boundaries by amendment or inclusion of the ban or restrictions within HOA approved conveniences, conditions and restrictions or declarations of reservations. Such amendments of the CC&Rs and/or DORs shall be recorded with the Elko County recorder.
(D) Unincorporated town advisory boards may ban or further restrict the operation of off highway vehicles on town roads within the respective town boundaries by petitioning for approval from the Elko County board of county commissioners sitting as the official town board of the respective unincorporated town.
(E) There shall be a maximum speed limit for the operation of every off highway vehicle of fifteen (15) miles per hour when:
1. The off highway vehicle is within five hundred feet (500') of any residential home or neighborhood, that distance being measured from the off highway vehicle to the nearest point of the lot or parcel of such home or neighborhood; or
2. The off highway vehicle is being operated on any designated public street, road or highway unless otherwise signed for an approved special event. Such public streets, roads and/or highways are designated herein as part of the exit/entry approved routes/trails.
(F) There shall be no more than the approved number of occupants per vehicle pursuant to the manufacturer's recommendation and design, operating and/or riding the off highway vehicle.
(G) Operation of any off highway vehicle under this chapter shall only occur between the hours of sunrise and sunset, unless the operation of the off highway vehicle occurs in rural nonresidential areas of the county. If the operation of the off highway vehicle occurs after sundown the vehicle must have legal lighting to permit nighttime use.
(H) Any off highway vehicle that is being operated on a paved roadway shall use headlamps and tail lights even during daytime hours.
(I) It is recommended that any off highway vehicle operated on county highways should be equipped with a "whip" six feet (6') in height. (Ord. 2014-09, 6-5-2014, eff. 6-19-2014)