(A) Purpose and intent.
(1) It is the purpose and intent of this enactment to provide for the regulation of all-terrain vehicles in order to protect the health, welfare, and safety of property owners, pedestrians, bicyclists, motor vehicle drivers, and operators of all-terrain vehicles alike. The increasing prevalence of all-terrain vehicles and growing concerns about their safe use requires local regulation in order to protect the public safety.
(2) The state has granted municipalities the authority to regulate or prohibit the operation of all-terrain vehicles on public streets and highways within the town. Therefore, the Mayor and Council find it is in the public interest to prohibit the operation of all-terrain vehicles except as permitted pursuant to this section.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL-TERRAIN VEHICLE. A motor vehicle that satisfies all of the following:
(1) Is designed primarily for recreational non-highway all-terrain travel;
(2) Is 50 or fewer inches in width;
(3) Has an unladen weight of 800 pounds or less;
(4) Travels on two or more tires designed primarily for all-terrain use; and
(5) Has a seat to be straddled by the operator and handlebars for steering control.
MOTOR VEHICLE. A self-propelled vehicle.
PRIVATE PROPERTY. Any residential, commercial, industrial, mining or agricultural property which is not owned by the operator of the all-terrain vehicle, including any private road or driveway, or any canal bank, ditch, or way owned or maintained by an irrigation district, a municipality or any political subdivision of the state, and without regard to whether the private road, driveway, canal bank, ditch, or way is an easement across the property of another.
(C) Prohibited operation.
(1) No all-terrain vehicle may be operated on any private property without the permission of the owner of the property.
(2) No all-terrain vehicle may be operated upon any public street, road or highway within the town, whether paved or unpaved, or within the right-of-way of the public street, road or highway, unless meeting all the requirements of the State Department of Motor Vehicles relating to the operation of motor vehicles on public streets, roads and highways.
(3) No all-terrain vehicle shall be operated in a manner which causes excessive noise or dust.
(4) An all-terrain vehicle which is designed for one rider may not be operated at any time with a passenger.
(5) Any person 15 years of age or less riding or being transported on an all-terrain vehicle must wear a helmet meeting the requirements of all state and federal laws and regulations.
(D) Responsibilities of parents, guardians, and legal custodians.
(1) The parent, guardian, or legal custodian of any minor shall not authorize or knowingly permit the minor to violate any of the provisions of this section.
(2) If a fine is imposed upon a minor who is found to be in violation of this section, the parents or legal guardian having custody or control of the minor shall be jointly and severally liable with the minor for payment of the fine, whether or not the parents or guardian knew of, or anticipated a violation of this section.
(E) Violation declared a criminal traffic violation. Any violation of this section is punishable as a Class 3 misdemeanor traffic offense pursuant to § 10.99.
(Ord. 484-08, passed 6-2-2008)