(A) Legislative findings. The York County Council, as the governing body of York County, South Carolina, finds that there has been a proliferation of the use of all off-highway vehicles within public rights-of-way, utility rights-of-way, and on private property without the consent of the owners of such property. The York County Council finds that the unregulated use of all off-highway vehicles disturbs the public peace and threatens the health, safety and welfare of citizens of York County; damages the integrity of public rights-of-way, utility rights-of-way and damages private property; causes excessive noise and dust; constitutes a risk to the safety of operators of all off-highway vehicles and the general public; and should be regulated in order to provide for the health, safety, and welfare of York County and its citizens.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL TERRAIN VEHICLE and ATV. Any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat or seats designed to be straddled or used by the operator or the operator and an additional passenger, and having an engine displacement of less than 800 cubic centimeters.
OFF-HIGHWAY MOTORCYCLE. Any motorized, off-highway vehicle traveling on two wheels, having a seat or saddle designed to be straddled by the operator and having handlebars for steering control. Motorcycles may be legal for highway use and still considered to be off-highway motorcycles if used for off-highway operation on trails or natural terrain.
OFF-HIGHWAY VEHICLE. All-terrain vehicles, off-highway motorcycles and other vehicles as defined herein.
OPERATE. To ride in or on and have control of an off-highway vehicle.
OPERATOR. The person who operates or is in actual physical control of an off-highway vehicle.
OTHER VEHICLES. Any motorized recreational vehicles capable of cross-country travel on natural terrain, such as four-wheel-drive trucks and ATVs that have an engine displacement of more than 800 cubic centimeters or total dry weight of more than 900 pounds. Vehicles not considered OTHER VEHICLES include snowmobiles, all-terrain vehicles, and motorcycles. Watercraft or aircraft or farm, logging, military, emergency, law enforcement, utility, trail grooming and construction vehicles are not considered to be OTHER VEHICLES when used for their intended purpose.
OWNER. A person other than a lienholder having a property interest in or title to an off-highway vehicle who is entitled to the use and possession thereof.
PERSON. Any individual, partnership, corporation or any body of persons whether incorporated or not.
PUBLIC RIGHTS-OF-WAY. The rights-of-way of the State of South Carolina, York County, and any municipality in York County.
(C) Prohibitions. Except as otherwise provided in this code, it is unlawful to operate an off-highway vehicle upon public rights-of-way, utility rights-of-way or easements, public highways, streets, sidewalks, trails, parks and roads or upon private property without the written consent of the owner thereof; provided, however, that the prohibitions contained in this section shall not apply to any agent or employee of any public authority on public property or within public rights-of-way; the agent, employee or contractor for any public or private utility on property of the public or private utility or within its rights-of-way or easements; any law enforcement agency or public safety agency or any fire department, hospital or ambulance service while providing or exercising official duties and powers; or to the operation of off-highway vehicles on private property owned by the operator or for which the operator has written permission from the owner.
(D) Owner's responsibility. It is unlawful for the owner of an off-highway vehicle to permit its operation on private property without permission of the owner or occupant; within public rights-of-way except as provided by law; or within rights-of-way of public or private utilities without the written consent of such utilities.
(E) Liability insurance required. No off-highway vehicle as defined in this Code will be required to be insured under a liability insurance policy unless such vehicle is required to be insured under a liability insurance policy in compliance with existing or subsequently enacted statutory insurance requirements for such vehicles under South Carolina law. All vehicles, including off-highway vehicles for which state statutes require liability insurance coverage shall be insured in accordance with liability insurance requirements for motor vehicles under South Carolina Statues and laws.
(F) Enforceability. The provisions of this section shall be enforced by York County deputy sheriffs, state troopers, commissioned officers of the South Carolina Department of Natural Resources and any other duly authorized law enforcement officer.
(Ord. 6008, passed 10-20-08; Am. Ord. 309, passed 1-5-09) Penalty, see § 70.99