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OFF HIGHWAY VEHICLE (OHV): "All-terrain type I vehicles (ATV)", "all-terrain type II vehicles", "off highway vehicles" and any motorized vehicles as defined by Utah code section 41-22-2(2)(3).
OPERATE: To ride in or on and control the operation of an off highway vehicle.
OPERATOR: An individual who operates or is in actual physical control of an off highway vehicle.
OWNER: A person, other than a lienholder, having the property in or title to an off highway vehicle and entitled to its use or possession.
REGISTER: The act of assigning a registration number to an off highway vehicle in accordance with section 41-22-3 of the Utah Code Annotated 1953.
WASHINGTON CITY ROADS, STREETS OR HIGHWAYS AND TRAILS DESIGNATED AS BEING OPEN FOR PUBLIC TRAVEL FOR OHVs: Includes all present and future dedicated Washington City streets except those listed below. All ATV travel should be the most direct route from the residence to Washington Fields Road or Washington Dam Road on the south side of the Virgin River to the trailheads east or south and the most direct route to Main Street or Green Springs Drive (north of 100 North) to the north trailheads. No person may operate an OHV upon any state street or highway except to cross as provided for in Utah Code Annotated 41-22-10.3. The state and/or city streets or highways on which ATV use is prohibited are:
A. Telegraph Road (entire road east to west).
B. Telegraph and Green Springs Interchange (from 200 South to 100 North).
C. Except for off highway implements of husbandry used in accordance with Utah Code Annotated 41-22-5.5, a person may not operate an OHV on any street or highway for any other purpose than to gain access to or from a private or public area open for OHVs. (Ord. 2013-18, 8-28-2013)
Any person operating an OHV is subject to all of the provisions of title 41, chapter 6a, Utah Code Annotated (1953), as amended (traffic code), which includes, but is not limited to:
A. Unless otherwise provided for herein, no person under sixteen (16) years of age will be allowed to operate an OHV on a Washington City road, street or highway designated for OHV use.
B. No person under the age of sixteen (16) may operate and no owner may give permission to a person under the age of sixteen (16) to operate an OHV on the designated roads, streets, and highways of Washington City.
C. All operators sixteen (16) years of age and older must possess a valid operator's license as provided in title 53, chapter 3, uniform driver license act.
D. All riders under the age of eighteen (18) may not operate or ride an off highway vehicle on the designated roads, streets, and highways of Washington City unless the person is wearing a properly fitted Snell or DOT approved protective headgear designated for motorized use 1 .
E. All users of roads, streets and highways designated for use by OHVs must obey all traffic and other safety laws and rules as designated 2 .
F. All users of the Washington City designated off highway roads, streets and highways may not operate a vehicle at a speed greater than twenty five (25) miles per hour and is reasonable and prudent under the existing conditions, giving regard to the actual and potential hazards then existing, including when:
1. Approaching and crossing an intersection or bridge crossing;
2. Approaching and going around a curve;
3. Approaching a hillcrest;
4. Traveling upon any narrow or winding roadway;
5. Special hazards exist due to pedestrians, other traffic, weather or road conditions.
G. Even when no special hazards exist, an operator of an OHV will stay as far right on the roadway as possible and will not travel at a speed in excess of twenty five (25) miles per hour at any time, upon any street, alley, highway, or other public ground or place in the city. (Ord. 2013-18, 8-28-2013)
Notes
1 | 1. UCA 41-22-10.8. |
2 | 2. UCA 41. |
It shall be unlawful for any person to drive or operate any off highway vehicle in the following ways or under the following circumstances, which are hereby declared to be unsafe and a public nuisance:
A. On a roadway, shoulder or inside bank of slope or any road, street or highway, except as provided in this article.
B. On direct crossing of a street or highway, unless:
1. The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
2. The off highway vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
3. The operator yields the right of way to all oncoming traffic which constitutes an immediate hazard; and
4. In crossing a divided highway or a street of more than two (2) lanes, the crossing is made only at an intersection of the highway with another public street or highway controlled by a traffic signal 1 .
C. Without being equipped with at least one headlamp, one taillamp and brakes, all in working order, which conform to standards as prescribed in Utah Code Annotated 41-22-10.7.
D. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property.
E. While under the influence of intoxicating liquor or a controlled substance.
F. Without a manufacturer installed or equivalent muffler in good working order and connected to the off highway vehicle's exhaust system. Mufflers must have a federally approved spark arrester. Overall noise emission may not exceed ninety nine (99) decibels at a distance of twenty inches (20"). Mufflers may not be altered to increase motor noise, or have a cutout, bypass, or similar device 2 .
G. In a direction other than the same direction as other motor vehicles.
H. Within the right of way of any road, street or highway while towing a sled, skid or other vehicle, unless the object towed is connected to the off highway vehicle by a hinged swivel and secure hitch.
I. In any municipal park or recreation area, except when posted as "open" to off highway vehicles, and only along established paths and trails and within the hours permitted.
J. Upon private property, other than that of the off highway vehicle owner or operator, without express written permission of the owner.
1. It shall be unlawful for any person operating or accompanying a person operating an OHV to refuse to immediately leave private land upon the request of the owner or person in charge of such land.
2. No person operating or accompanying a person operating an OHV shall obstruct any entrance or exit to private property with an OHV, trailer or other vehicle without the owner's permission.
3. 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 OHV on 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.
K. While carrying a strung bow or loaded firearm. (Ord. 2013-18, 8-28-2013)
Notes
1 | 1. UCA 41-22-10.3. |
2 | 1. UCA 41-22-10.7. |
No person may operate an off highway vehicle on Washington City roads, streets or highways not designated as open to OHV use, except:
A. When crossing a highway, trail, or road 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. Must also be in compliance with subsection B of this section 1 .
B. When loading or unloading an OHV from a vehicle or trailer which shall be done with due regard for safety and at the nearest practical point of operation 2 .
C. 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 public authority 3 . (Ord. 2013-18, 8-28-2013)
Notes
1 | 1. UCA 41-22-10.3. |
2 | 2. UCA 41-22-10.3. |
3 | 3. UCA 41-22-10.3. |
Utah Code Annotated 41-12a-301(5) specifically states that owner's or operator's security is not required on off highway vehicles registered under section 41-22-3 when operated either:
A. On a highway designated as open for off highway vehicle use; or
Notes
1 | 4. UCA 41-22-10.3. |
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