7-1-8: OFF HIGHWAY VEHICLES:
   A.   Definitions: For purposes of this section, the following terms shall have the following meanings:
    ALL-TERRAIN TYPE I VEHICLE: Any motor vehicle fifty two inches (52") or less in width, having an unladen dry weight of eight hundred (800) pounds or less, traveling on three (3) or more low pressure tires, having a seat designed to be straddled by the operator and designed for or capable of travel over unimproved roads.
   ALL-TERRAIN TYPE II VEHICLE: Any other motor vehicle not defined herein as an "all-terrain type I vehicle" designed for or capable of travel over unimproved terrain. This term does not include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically designed for recreational use, or farm tractors as defined under section 41-1a-102 of the Utah code.
   MOTORCYCLE: Every motor vehicle having a saddle for the use of the operator and designed to travel on not more than two (2) tires.
   OFF HIGHWAY VEHICLE: All all-terrain type I and type II vehicles and motorcycles, but shall not include snowmobiles. (Ord. 03-3-20, 3-20-2003; amd. Ord. 2004-12, 4-15-2004; Ord. 2009-14, 10-1-2009)
   B.   Registration Of Vehicle: Unless exempted under section 41-22-9 of the Utah code, a person may not operate or transport and an owner may not give another person permission to operate or transport, any off highway vehicle on any public land, trail, street, or highway within the city of Hurricane unless the off highway vehicle has been registered in accordance with the requirements of title 41, chapter 22 of the Utah code for the current year. (Ord. 03-3-20, 3-20-2003)
   C.   Equipment Requirements: All off highway vehicles, as defined herein,
      1.   Shall be equipped with:
         a.   Brakes adequate to control the movement of and to stop and hold the vehicle under normal operating conditions; and (Ord. 2008-12, 6-19-2008)
         b.   A noise control device that conforms to U.S. forest service standards of ninety three (93) decibels or less.
      2.   Headlights and taillights shall be used when operated between sunset and sunrise. (Ord. 2009-14, 10-1-2009)
   D.   Protective Headgear:
      1.   A person under the age of eighteen (18) may not operate or ride on an all-terrain type I vehicle or motorcycle on any public land, trail, street, or highway within the city of Hurricane unless the person is wearing properly fitted and fastened, United States department of transportation safety rated protective headgear designed for motorized vehicle use.
      2.   The owner of an off highway vehicle or any other person may not give permission to a person who is under the age of eighteen (18) years to operate or ride on an off highway vehicle in violation of this subsection D.
   E.   Restrictions On Privately Owned Lands:
      1.   No person shall operate or accompany a person operating an off highway vehicle upon privately owned land of any other person, firm or corporation without permission from the owner or person in charge.
      2.   It shall be unlawful for any person operating or accompanying a person operating an off highway vehicle to refuse to immediately leave private land upon request of the owner or person in charge of such land.
      3.   Subsections E1 and E2 of this section shall not apply to prescriptive easements on privately owned land.
      4.   No person operating or accompanying a person operating an off highway vehicle shall obstruct any entrance or exit to private property without the owner's permission.
      5.   It shall be unlawful for any person to tear down, mutilate, or destroy any sign, signboards, or other notice which regulates trespassing for purposes of operating an off highway vehicle on privately owned land, or to tear down, deface, or destroy any fence or other enclosure or any gate or bars belonging to any such fence or enclosure.
   F.   Prohibited Uses: No person may operate an off highway vehicle in connection with acts of vandalism, harassment of wildlife or domestic animals, burglaries or other crimes, or damage to the environment which includes excessive pollution of air, water, or land, abuse of the watershed, impairment of plant or animal life, or excessive mechanical noise.
   G.   Supervision, Safety Certificate Or Driver's License Required: A person may not operate and an owner may not give that person permission to operate an off highway vehicle on any public land, trail, street or highway within the city of Hurricane unless the person:
      1.   Is under the direct supervision of a certified off highway vehicle safety instructor during a scheduled safety course,
      2.   Has in his possession the appropriate safety certificate issued by the state of Utah, or
      3.   Has in his possession a valid motor vehicle operator's license.
   H.   Operation By Minors:
      1.   Persons Under Age Eight: Except as provided in section 41-22-29(3) of the Utah code, a person under the age of eight (8) may not operate and an owner may not give another person who is under eight (8) permission to operate an off highway vehicle on any public land, trail, street, or highway within the city of Hurricane.
      2.   Persons Under Age Sixteen: Any operator of an off highway vehicle who is under the age of sixteen (16) shall be under the direct visual supervision of an adult who is at least eighteen (18) years of age while using a route designated under subsection I of this section. (Ord. 03-3-20, 3-20-2003)
   I.   Designation Of Routes:
      1.   Within the city of Hurricane, the following streets are designated as the only off highway vehicle routes within the city of Hurricane for the specific purpose of allowing off highway vehicle operators to gain access to or from a private or public area open for off highway vehicle use:
         a.   700 West/1100 W
100 N - south - to city limits
         b.   400 South
300 W - west - to 1150 W
         c.   1150 West
400 S - north - to 100 N
         d.   100 North
1150 W - west - to 200 W
         e.   300 West
400 S - north - to 100 N
         f.   600 North
2260 W - west - to 3700 W
         g.   2260 W
State Street - north - to 600 N
         h.   3700 West
600 N - south - to State Street
         i.   Rlington Drive
State Street - south - to Valley View Drive
         j.   Sand Hollow Road
State Street around Sand Hollow state park to 1100 W 3000 S
         k.   Old Highway 91
State Street - north - to Hurricane City limits. (Ord. 2008-12, 6-19-2008)
      2.   Except for off highway implements of husbandry used only in agricultural operations, a person may not operate an off highway vehicle on any street within the city of Hurricane for any purpose other than to gain direct access to the streets designated as off highway vehicle routes in subsection I1 of this section for the specific purpose of using these routes to gain direct access to or from a private or public area open for off highway vehicles, or as required for fueling and/or maintenance.
   J.   Speed/Regulations: Any person operating an off highway vehicle is subject to the provisions of Utah Code Annotated, unless specifically excluded. (Ord. 2009-14, 10-1-2009)