ALL-TERRAIN TYPE I VEHICLE: | Any motor vehicle fifty-two inches (52") or less in width as defined in State law, and designed for or capable of travel over unimproved terrain. |
ALL-TERRAIN TYPE II VEHICLE: | Any other motor vehicle eighty inches (80") or less in width as defined in State law, and designed for or capable of travel over unimproved terrain. This term does not include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102 of the Utah Code. |
ALL-TERRAIN TYPE III VEHICLE: | Any other all-terrain motor vehicle not defined as Type I or II, as defined in State law, and designed for or capable of travel over unimproved terrain. This term does not include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102 of the Utah Code. |
CEMENT TRUCK: | Any concrete or cement mixer truck. |
DUMP TRUCK: | Any dump truck, whether single axle, ten wheeler or otherwise. |
FARM TRACTOR: | Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines and other implements of husbandry. |
FARM TRUCK: | A truck used by the owner or operator of a farm solely for personal use in the transportation of: 1. Farm products, including livestock and its products, poultry and its products, floricultural and horticultural products; 2. Farm supplies, including tile, fence and every other thing or commodity used in agricultural, floricultural, horticultural, livestock and poultry production; 3. Livestock, poultry and other animals and things used for breeding, feeding or other purposes connected with the operation of a farm. |
FUEL TRUCK: | A truck used to deliver propane, gasoline, fuel oil, coal or other fuel to residences and businesses located on Kolob Mountain. |
PROHIBITED VEHICLES: | Vehicles prohibited due to gross vehicle weight or other features making them unsafe due to road conditions, including the following: Four (4) Tons/eight thousand pounds (8,000 lbs.) G.V.W. maximum on any given axle |
SEMITRAILER: | Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. |
SNOW MACHINE, SLED, SNOWMOBILE: | Any motor vehicle with a dry gross vehicle weight of one thousand two hundred pounds (1,200 lbs.) or less designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners, trax, or low pressure tires. |
TRAILER: | A vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. |
TRUCK TRACTOR: | A motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load that is drawn. (Ord. 2024-1248-O, 1-16-2024; amd. Ord. 2024-1260-O, 5-21-2024)
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Notes
| 1 | 1. UCA § 41-22-2 (1953, as amended) |
A. Statutory Authority: The statutory authority for enacting this section is Utah Code Annotated sections 17-53-223 and 72-7-408, as amended.
B. Purpose Of Provisions: The purpose of this section is to protect highway foundation, surfaces, and structures on Kolob Mountain Road (aka Kolob Terrace Road) from damage and deterioration caused by climatic conditions by restricting the use of certain vehicles during certain times of the year. The National Park Service closes the road to vehicle traffic from fall to spring due to weather conditions. The closure begins at Maloney Hill about one mile from Hop Valley Trailhead. After the road opens, moisture from melting ice and snow has accumulated under the road surface making it prone to edge failure, surface damage, sinkage, and other failures. Preventing stress from heavy vehicles by restricting use on the roadway minimizes road damage and failure until the subsurface of the road hardens and stabilizes. These regulations do not apply to National Park Service roadways.
C. Prohibition Of Certain Truck Traffic On Kolob Mountain Road: Prohibited vehicles, dump trucks, cement trucks, and truck tractors carrying or towing either trailers or semitrailers are prohibited on Kolob Mountain Road from March 1 to June 30 of each year. Farm trucks, farm tractors, fuel trucks, and other overweight vehicles must be issued a permit by the County Public Works Department, after completion of an application and payment of a fee, to access Kolob Mountain Road during the prohibited dates. Permits will not be issued until the road is inspected by the Public Works Department and determined to be traffic-worthy. Vehicles transporting live farm animals only are exempt from the permit requirements, and date and weight prohibitions, in this paragraph.
D. Signs To Be Posted: The Road Department shall erect signs warning of the road restrictions for the portion of Kolob Mountain Road affected by this section.
E. Permit Application: The County Public Works Department may, upon receipt of an application and good cause shown and upon payment of a fee, issue a permit. The County Public Works Department may deny or issue a permit under this section to protect the highway foundation, surfaces and structures on Kolob Mountain Road from undue damage by one or more of the following:
1. Limiting the number of trips the vehicle may make;
2. Establishing time limits within which the vehicle may operate or move on Kolob Mountain Road;
3. Requiring security in the form of a cash escrow or cash bond in addition to the permit to compensate for any potential damage by the vehicle to the highway; and
4. Otherwise limiting the conditions of operation or movement of the vehicle.
F. Designation of Kolob Mountain Road as Open to Snow Machines, Sleds, Snowmobiles:
1. During the National Park Service closure of Kolob Mountain Road, within the unincorporated area of Washington County, the road is designated as open for snow machine, sled, or snowmobile use. The official road closure period is defined as when the road has been officially closed for the season to conventional motor vehicle traffic due to snow. This designation does not include any road under the jurisdiction of the U.S. Forest Service, or roads on private property unless such use is otherwise permitted, or those roads are part of the county road system.
2. When crossing another street or highway, the operator shall come to a complete stop before crossing, proceed only after yielding the right of way to oncoming traffic, and proceed by crossing at a right angle.
3. Loading or unloading a snow machine, sled, or snowmobile from a vehicle or trailer shall be done safely and at the nearest practical point of operation.
4. When directed during an emergency by a peace officer or other public authority, a snow machine, sled, or snowmobile may be used in locations where the operation of a conventional motor vehicle is impractical.
G. Penalty: Any person who violates any restriction imposed by this section is guilty of a Class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this Code, and may be ordered to pay restitution for any road damage caused by violating this section. (Ord. 2017-1084-O, 4-18-2017; amd. Ord. 2024-1248-O, 1-16-2024; Ord. 2024-1260-O, 5-21-2024)
A. Registration Of Off Highway Vehicle: Unless exempted under section 41-22-9 of the Utah Code, a person may not operate or transport and an owner may not give another person permission to operate or transport, any off highway vehicle on any public land, trail, street, or highway within the unincorporated area of Washington County unless the off highway vehicle has been registered in accordance with the requirements of title 41, chapter 22 of the Utah code for the current year.
B. Equipment Requirements: All off highway vehicles, as defined herein, shall be equipped with:
1. Brakes adequate to control the movement of and to stop and hold the vehicle under normal operating conditions; and
2. Headlights and taillights when operated between sunset and sunrise; and
3. A noise control device and a spark arrestor device.
An off highway implement of husbandry used only in agricultural operations and not operated on a highway, is exempt from the provisions of this subsection.
C. Protective Headgear:
1. A person under the age of 18 may not operate or ride on an all-terrain type I vehicle or motorcycle on any public land, trail, street, or highway within the unincorporated area of Washington County unless the person is wearing properly fitted and fastened, United States department of transportation safety rated protective headgear designed for motorized vehicle use.
2. The owner of an off highway vehicle or any other person may not give permission to a person who is under the age of 18 years to operate or ride on an off highway vehicle in violation of this subsection.
3. An operator and passengers of off highway implements of husbandry operated in the manner prescribed by Utah Code Annotated sections 41-22-5.5(3) and (4) (1953, as amended) are exempt from the requirements of this subsection.
4. Any person convicted of a violation of this subsection is guilty of an infraction and shall be fined not more than fifty dollars ($50.00) per offense.
D. Restrictions On Privately Owned Lands:
1. No person shall operate or accompany a person operating an off highway vehicle upon privately owned land of any other person, firm or corporation without permission from the owner or person in charge.
2. It shall be unlawful for any person operating or accompanying a person operating an off highway vehicle to refuse to immediately leave private land upon request of the owner or person in charge of such land.
3. Subsections C.1. and C.2. of this section shall not apply to county roadways established by prescriptive use or easements across privately owned land.
4. No person operating or accompanying a person operating an off highway vehicle shall obstruct any entrance or exit to private property without the owner's permission.
5. It shall be unlawful for any person to tear down, mutilate, or destroy any sign, signboards, or other notice which regulates trespassing for purposes of operating an off highway vehicle on privately owned land, or to tear down, deface, or destroy any fence or other enclosure or any gate or bars belonging to any such fence or enclosure.
E. Prohibited Uses: No person may operate an off highway vehicle in connection with acts of vandalism, harassment of wildlife or domestic animals, burglaries or other crimes, or damage to the environment which includes excessive pollution of air, water, or land, abuse of the watershed, impairment of plant or animal life, or excessive mechanical noise.
F. Supervision, Safety Certificate Or Driver's License Required:
1. A person may not operate and an owner may not give that person permission to operate an off highway vehicle on any public land, trail, street or highway within the unincorporated area of Washington County unless the person:
a. Is under the direct supervision of a certified off highway vehicle safety instructor during a scheduled safety course,
b. A person may not operate an off highway vehicle except in accordance with State law, title 41 section 22, including:
(1) Has in his possession the appropriate safety certificate issued by the state of Utah, and
(2) If under eighteen (18) years of age, is under the direct supervision of a person who is at least eighteen (18) years of age if operating on a public highway that is:
(A) Open to motor vehicles; and
(B) Not exclusively reserved for off highway vehicle use, or
c. Has in his immediate possession of valid motor vehicle operator's license.
d. "Direct supervision" means oversight at a distance:
(1) Of no more than three hundred feet (300'); and
(2) Within which:
(A) Visual contact is maintained; and
(B) Advice and assistance can be given and received.
2. Penalties:
a. Any person convicted of a violation of this subsection is guilty of an infraction and shall be fined not more than one hundred dollars ($100.00) per offense.
b. It is a defense to a charge under this subsection, if the person charged produces in court a license or an appropriate safety certificate that was:
(1) Valid at the time of the citation or arrest; and
(2) Issued to the person operating the off highway vehicle.
3. The requirements of this subsection do not apply to an operator of an off highway implement of husbandry.
G. Operation By Persons Under Eight (8) Years Of Age Prohibited:
1. Persons Under Age Eight (8): Except as provided in section 41-22-29(3) of the Utah code, a person under the age of eight (8)may not operate and an owner may not give another person who is under the age of eight (8) permission to operate an off highway vehicle on any public land, trail, street, or highway within the unincorporated area of Washington County.
2. Violation: Any person convicted of a violation of this section is guilty of an infraction and shall be fined not more than fifty dollars ($50.00) per offense.
H. Designation Of Roads Open To Off Highway Vehicle Use:
1. Within the unincorporated area of Washington County, all county roads, except roads along, across, or within the boundaries of an interstate freeway or limited access highway, are designated as open for general off highway vehicle use. This designation does not include any road within and under the jurisdiction of the U.S. Forest Service, unless the road is a claimed R.S. 2477 road, or a county roadway established by prescriptive use or easements across privately owned land.
2. Subsection H(1) of this section does not apply to off highway implements of husbandry used in accordance with Utah Code Annotated section 41-22-5.5 (1953, as amended).
I. Operation Of Vehicles On Highways: No person may operate an off highway vehicle upon any street or highway not designated as open to off highway vehicle use, except:
1. When crossing a street or highway and the operator comes to a complete stop before crossing, proceeds only after yielding the right of way to oncoming traffic, and crosses at a right angle;
2. When loading or unloading an off highway vehicle from a vehicle or trailer, which shall be done with due regard for safety, and at the nearest practical point of operation;
3. When an emergency exists, during any period of time and at those locations when the operation of conventional motor vehicles is impractical or when the operation is directed by a peace officer or other public authority.
J. Speed/Regulations: Any person operating an off highway vehicle is subject to the provisions of title 41, chapter 6a of the Utah code, unless specifically excluded.
K. Penalties For Violation: Unless otherwise specified in this section, any violation of the terms of this section shall be punishable as a class C misdemeanor. (Ord. 2008-967-O, 11-3-2008; amd. Ord. 2024-1248-O, 1-16-2024; Ord. 2024-1260-O, 5-21-2024)