A. Except as provided in Nevada Revised Statutes 490.090(2), as may be amended or renumbered from time to time, no person shall operate an OHV on a public street, road or highway in the city of Mesquite that is not designated for use by OHVs.
B. No person under the age of sixteen (16) shall operate an OHV on any public street, road or highway in the city of Mesquite.
C. No person sixteen (16) years of age or older may operate an OHV on any public street, road or highway designated for OHV use in the city of Mesquite unless the person possesses:
1. A valid motor vehicle operator's license, as provided by Nevada law and proof of liability insurance as required for motor vehicles by Nevada law;
2. Pursuant to Nevada Revised Statutes 490.082, as may be amended or renumbered from time to time, a certificate of registration shall be attached to the OHV. A certificate of registration is not required for an off highway vehicle which:
a. Is owned and operated by:
(1) A federal agency;
(2) An agency of this state; or
(3) A county, incorporated city or unincorporated town in this state;
b. Is part of the inventory of a dealer of off highway vehicles;
c. Is registered or certified in another state and is located in this state for not more than ninety (90) days;
d. Is used solely for husbandry on private land or on public land that is leased to the owner or operator of the off highway vehicle; or
e. Is used for work conducted by or at the direction of a public or private utility.
f. This ordinance does not permit the use of ATVs or side by sides on Interstate 15 within the City of Mesquite.
D. Pursuant to Nevada Revised Statutes 490.110, as may be amended or renumbered from time to time, no person permitted to operate an OHV on a public street, road or highway designated for OHV use in the city of Mesquite shall travel more than two (2) miles on a paved highway of this state (state highway) on an OHV to reach a private or public area that is open for use by OHVs.
E. Except as provided below, no person operating an OHV may operate the OHV on a designated public street, road, or highway for any purpose other than to travel to or from a private or public area that is open for use by OHVs. Pursuant to Nevada Revised Statutes 490.090, as may be amended or renumbered from time to time, a person may operate an off highway vehicle on a paved highway that is not otherwise designated for use by off highway vehicles:
1. If the off highway vehicle is operated on the highway for the purpose of crossing the highway, comes to a complete stop before crossing and crosses as close as practicable to perpendicular to the direction of travel on the highway;
2. If the off highway vehicle is operated on the highway for the purpose of loading or unloading the off highway vehicle onto or off of another vehicle or trailer, if the loading or unloading is as close as practicable to the place of operation of the off highway vehicle;
3. During an emergency if it is impossible or impracticable to use another vehicle or if a peace officer directs the operation of the off highway vehicle.
F. In addition to the equipment required pursuant to Nevada Revised Statutes 490.120 which states that an OHV must be equipped with;
1. At least one headlamp that illuminates objects at least 500 feet ahead of the vehicle;
2. At least one tail lamp that is visible from at least 500 feet behind the vehicle;
3. At least one red reflector on the rear of the vehicle, unless the tail lamp is red and reflective;
4. A stop lamp on the rear of the vehicle; and
5. A muffler which is in working order and which is in constant operation when the vehicle is running.
G. Any OHV operating on a public street, road, or highway must also be equipped with:
1. Turn signals;
2. At least one side mirror and rear-view mirror, or two side mirrors (driver and passenger side);
3. Seat belts for all occupants (If so equipped from the factory); and
4. Eye protection (either glasses, goggles, and/or windshield).
H. Any person convicted of a violation of this section is guilty of a civil infraction and shall be punished pursuant to Section 1-4-1 of this code.
I. It is a defense to a charge under subsection C1 of this section if the person charged produces, at or before the time of trial, a driver's license or proof of insurance that was valid at the time of his or her alleged operation. (Ord. 415, 12-9-2008, eff. 1-1-2009; amd. Ord. 506, 10-25-2016, eff. 11-16-2016; Ord. B22-006, - -2022)