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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)
A. No owner or other person in the care or custody of an OHV may give another person who is under sixteen (16) years of age permission to operate an OHV on any public street, road or highway in the city of Mesquite or may suffer, allow or permit such operation by a person who is under sixteen (16) years of age.
B. Any person convicted of a violation of the above provisions is guilty of a civil infraction and shall be punished pursuant to Section 1-4-1 of this code.
C. Mistake of age shall not be a defense to a charge under this section. (Ord. 415, 12-9-2008, eff. 1-1-2009; amd. Ord. B22-006, - -2022)
A. Unattended OHVs Prohibited: No person shall leave or allow any OHV owned or operated by him/herself to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.
B. Traffic Laws Applicable: To the fullest extent practicable, the traffic laws of the state of Nevada, as set forth in the Nevada Revised Statutes, and of the city of Mesquite, as set forth in this code, are hereby made applicable to the operation of OHVs under this chapter on any public streets, roads, and/or highways of the city.
C. Violation, Penalty: Any person convicted of a violation of the above rules and regulations is guilty of a misdemeanor and shall be punished as provided in section 1-4-1 of this code; provided however that if state law makes such act or failure to do such act punishable as only a civil infraction, the violation shall be punished as a civil infraction pursuant to section 1-4-1 of this code. (Ord. 506, 10-25-2016, eff. 11-16-2016; amd. Ord. 415, 12-9-2008, eff. 1-1-2009; Ord. B22-006, - -2022)
A. All OHVs which comply with the operator and equipment requirements as provided in "6-7-3 OPERATOR REQUIREMENTS", may operate on any public street, road, or highway within the city of Mesquite for purposes allowed by law. All OHVs not property equipped, which do NOT comply with the operator and equipment requirements as provided in "6-7-3 OPERATOR REQUIREMENTS", must be trailered to a designated OHV staging area for offloading and shall not be operated on any designated public street, road, or highway. OHVs shall not be operated on sidewalks or marked pedestrian and bike trails unless posted sign(s) indicate otherwise.
B. Signage concerning permitted and/or nonpermitted OHV travel on trails, streets, roads, or highways in the city of Mesquite will be provided, but neither signage nor the designation of streets, roads, or highways for OHV travel assures the safety of any operators, passengers or users of the designated streets, roads, or highways.
C. The city council may adopt by resolution an "off highway vehicle/golf cart travel map" which shows where OHV use is not permitted under this chapter. (Ord. 415, 12-9-2008, eff. 1-1-2009; amd. Ord. 506, 10-25-2016, eff. 11-16-2016; Ord. 415, 12-9-2008, eff. 1-1-2009; Ord. B22-006, - -2022)
A. In addition to any juvenile culpability which may be imposed due to violations of this chapter, the responsibility for complying with the provisions of this chapter shall rest upon the adult owner or custodian of any OHV or the head of household where any OHV is kept, whether or not ownership of the OHV is claimed by any other person residing in said household. A husband or wife, or two (2) or more adults living together, may jointly or separately be charged as heads of the household where an OHV is kept.
B. If the true owner of an OHV is of such minor age as to prohibit the minor from being required to answer in court, the parent or guardian of such minor may be required to appear and assume full responsibility for the actions or omissions of the minor. The age of the minor is no defense to a violation of the provisions of this chapter, and the parent, guardian, owner/custodian of the OHV or the head of the household of where the OHV is kept may be held responsible for the actions or omissions of a minor's violation of this chapter. (Ord. 415, 12-9-2008, eff. 1-1-2009)