(A) A person may not operate an all-terrain vehicle on drainage ditches, drainage easements, utility rights-of-way not situated on property owned by the person operating the all-terrain vehicle and on public property except as provided by this section.
(B) The operator of an all-terrain vehicle may drive the vehicle on a drainage ditch, drainage easement, utility rights-of-way, and on public property if:
(1) The transportation is in connection with utility work performed by a utility;
(2) The operator attaches to the back of the vehicle on top of an eight-foot-long pole a triangular orange flag;
(3) The vehicle’s headlights and taillights are illuminated; and
(4) The operator holds a driver’s license, as defined by Tex. Transportation Code § 521.001.
(C) The Director of the Texas Department of Public Safety shall adopt standards and specifications that apply to the color, size, and mounting position of the flag required under divisions (B)(2) and (E)(2) of this section.
(D) Except as provided in division (E), this section does not apply to the operation of an all-terrain vehicle that is owned by the state, a county, or a municipality by a person who is an authorized operator of the vehicle.
(E) A peace officer may operate an all-terrain vehicle on a drainage ditch, drainage easement, utility right-of-way or public property only if:
(1) The transportation is in connection with the performance of the officer’s official duty;
(2) The officer attaches to the back of the vehicle on top of an eight-foot-long pole a triangular orange flag;
(3) The vehicle’s headlights and taillights are illuminated;
(4) The officer holds a driver’s license, as defined by Tex. Transportation Code § 521.001; and
(5) The operation of the all-terrain vehicle does not exceed a distance of 25 miles from the point of origin to the destination.
(Ord. 3-09, passed 4-13-2009) Penalty, see § 70.99