CHAPTER 4
OFF-HIGHWAY VEHICLES

SECTION:

5-4-1: Definitions

5-4-2: Designation Of Open Streets And Off-Highway Vehicle Routes

5-4-3: Driving On State Highway Prohibited

5-4-4: Operation Of Off-Highway Vehicles

5-4-5: Colorado Registration Required

5-4-6: Colorado Off-Highway Vehicle Permit Required

5-4-7: Safety Equipment Required

5-4-8: Penalty

5-4-1: DEFINITIONS:

As used in this chapter, unless the context otherwise requires:

OFF-HIGHWAY VEHICLE: Any self-propelled vehicle which is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. Off-highway vehicles include all terrain vehicles (ATVs) and "go carts". Off-highway vehicles do not include the following:

   A.   Vehicles designed and used primarily for travel on, over, or in the water;

   B.   Snowmobiles;

   C.   Military vehicles;

   D.   Golf carts;

   E.   Vehicles designed and used to carry individuals with disabilities;

   F.   Vehicles designed and used specifically for agricultural, logging, or mining purposes; or

   G.   Vehicles registered pursuant to title 42, article 3 of the Colorado Revised Statutes.

OFF-HIGHWAY VEHICLE ROUTE: Any road, street, alley, or right-of- way within the Municipal limits of the Town of Simla designated open by the Town of Simla Board of Trustees for off-highway vehicle route but does not include State Highway 24 except as to the three (3) designated crosswalks described herein.

OWNER: Any person, other than a lien holder, having a property interest in an off-highway vehicle and entitled to the use and possession thereof. (Ord. 304, 9-14-2016, eff. retroactive to 9-1-2016)

5-4-2: DESIGNATION OF OPEN STREETS AND OFF-HIGHWAY VEHICLE ROUTES:

   A.   Pursuant to Colorado Revised Statutes 33-14.5-108(1)(a), each Town of Simla Municipal street, alley, and right-of-way is designated as open for use by off-highway vehicles excluding any part of the State of Colorado highway system located within the Municipal limits of the Town of Simla, i.e., State Highway 24.

   B.   Pursuant to Colorado Revised Statutes section 33-14.5-108(1)(f), each Town of Simla Municipal street, alley, and right-of-way, excluding any part of State Highway 24, is designated as an off-highway vehicle route to permit the operation of off-highway vehicles on Municipal street, alleys, and rights-of-way. (Ord. 304, 9-14-2016, eff. retroactive to 9-1-2016)

5-4-3: DRIVING ON STATE HIGHWAY PROHIBITED:

   A.   No person shall cross a State highway or drive on a State highway while operating an off-highway vehicle within the jurisdiction of the Town of Simla except that off-highway vehicles may cross State Highway 24 at the designated crosswalks at Cheyenne, Sioux, and Pueblo Avenues. (Ord. 304, 9-14-2016, eff. retroactive to 9-1-2016)

5-4-4: OPERATION OF OFF-HIGHWAY VEHICLES:

   A.   All Town of Simla public streets, roads, or alleys shall be open to off-highway vehicles. The following regulations and restrictions shall apply as to off-highway vehicles being driven on Town streets, roads, and alleys:

      1.   No person shall operate an off-highway vehicle while carrying any person or riding in any position that interferes with the operation or control of an off-highway vehicle or the view of the operator.

      2.   No person under the age of ten (10) years may operate an off- highway vehicle on public streets, roads, or alleys of the Town of Simla.

      3.   No person ten (10) years of age or older may operate an off- highway vehicle on a public street, road, or alley within the Town of Simla, unless:

         a.   The person has in his possession a valid driver's license issued by the State of Colorado or another state; or

         b.   The person is accompanied by and is under the immediate supervision of a person who has in his or her possession a valid driver's license issued by the State of Colorado or another state, or is covered by liability insurance. "Under immediate supervision" shall mean that, at a minimum the operator is within direct visual contact of the licensed supervisor. (Ord. 304, 9-14-2016, eff. retroactive to 9-1-2016)

5-4-5: COLORADO REGISTRATION REQUIRED:

   A.   Within the Town of Simla, no person shall operate any off- highway vehicle unless such off-highway vehicle has a current valid registration issued by the Colorado Division of Parks and Wildlife and is numbered by the Colorado Division of Parks and Wildlife unless the vehicle is exempt as provided in this chapter or under Colorado law.

   B.   No Colorado registration under this chapter is required for any:

      1.   Off-highway vehicle owned by any agency of the United States or another state or a political subdivision thereof when such ownership is clearly displayed on such vehicle;

      2.   Off-highway vehicle owned by a resident of another state or country if such off-highway vehicle is covered by a valid license or registration of such other state or country and such off- highway vehicle has not been within this State for more than thirty (30) consecutive days;

      3.   Off-highway vehicle used strictly for agricultural purposes;

      4.   Off-highway vehicle used strictly on private property;

      5.   Off-highway vehicle operated in an organized competitive or noncompetitive event on publicly or privately owned or leased land; except that this exemption shall not apply unless the agency exercising jurisdiction over such land specifically authorizes the organized competitive or noncompetitive event;

      6.   Off-highway vehicle used by a dealer or manufacturer, or an authorized designee thereof, for off-highway vehicle operator education or safety programs.

   C.   The Town of Simla shall not require any Municipal registration for an off-highway vehicle. (Ord. 304, 9-14-2016, eff. retroactive to 9-1-2016)