(A) It shall be unlawful for any person to drive, ride or use a motorcycle, off-highway motor vehicle, motor vehicle, mini-bike, trail bike, dune buggy, motor scooter, jeep or other form of transportation propelled by an internal combustion engine, upon any public or private property which is not an improved public street or highway, dedicated right-of-way or an improved private street constructed in accordance with the city standards and approved by the city, except that this section shall not apply in any of the following instances:
(1) Where such vehicle is being driven, ridden or used upon property by the owner, resident or tenant of such property, or by an authorized visitor when such visitor is accompanied by or has the written authorization in his or her possession from the owner, resident or tenant of such property;
(2) Where such use is permitted pursuant to a use permit or otherwise in accordance with the zoning regulations of the city;
(3) Where such vehicle is being driven, ridden or used upon any private property which is not an improved public street or highway, dedicated right-of-way or an improved private street constructed in accordance with the city standards and approved by the city, except that such vehicle shall not be driven, ridden or used within 150 feet of a residence, church, school in session; or
(4) Where such use occurs on the following public property known as: Big 5 (that area south of Highway 98, between Highway 89 and the western boundary of the Industrial Park south to the Navajo Nation and city boundaries); Antelope Valley/Cow Ponds (that area east of the airport boundary fence to the east Navajo Nation and city boundaries and north of Coppermine Road and Highway 98); Dead Dog (that area west of the WAPA Power Substation on the west side of the Colorado River within the Glen Canyon National Recreation area); and Seismograph Road (that area south of Highway 89 to the south of Greenehaven within Bureau of Land Management and Glen Canyon National Recreation areas), and when such vehicle is being driven, ridden or used in accordance with the following rules and regulations.
(a) All off-highway vehicles (OHVS) must display a current OHV registration sticker and comply with all OHV registration requirements from the state of registration.
(b) Riders and drivers operate their OHVS or other street legal vehicles at their own risk.
(c) Vehicles shall not be driven, ridden or used within 150 feet of a residence, church or school in session.
(d) All OHVS must have a muffler with a U.S. Department of Agriculture (USDA) approved spark arrestor device.
(e) All OHVS must have a lighted headlights and taillights, if the OHV is operated between one half-hour after sunset and one-half hour before sunrise.
(f) Anyone under 18 that is driving or riding on an OHV must wear a properly fitted and fastened U.S. Department of Transportation (U.S. DOT) approved helmet.
(g) No child under the age of eight may operate an OHV.
(h) Travel is limited to roads and marked trails or routes. The making of new trails or routes is prohibited.
(i) All OHVS and street legal vehicles must yield the right-of-way to hikers, bicyclists and equestrians.
(j) Reckless operation is prohibited.
(k) It is recommended that all OHVS operate with an orange or red safety flag, visible at least eight feet from the ground.
(l) Do not harass wildlife.
(m) All users must comply with the rules and regulations for other agencies when entering their lands or jurisdictions.
(B) Every vehicle, as defined in division (A) above, being driven, ridden or used upon public or private property shall be equipped with either a muffler or silencer in good working order and in constant operation to prevent excessive or unusual noise, and no person shall use a muffler or silencer cut-out, by-pass or similar device.
(C) Whenever any person is stopped by a peace officer for violation of division (A)(1) above, he or she shall, upon the request of such officer, display such written permission.
(1976 Code, § 12-2-13) (Ord. 14, passed 5-16-1977; Ord. 114, passed 7-24-1984; Ord. 620-14, passed 11-19-2014) Penalty, see § 71.99