CHAPTER 2

ALL-TERRAIN VEHICLES

SECTION:

7-2-1:		Definitions Of Words And Phrases
7-2-2:		Rules And Regulations
7-2-3:		Penalties And Enforcement !2R!

7-2-1:		DEFINITIONS OF WORDS AND PHRASES:

For the purpose of this chapter, the following terms and phrases shall have the meanings ascribed to them in this section:

!DEF! ATV: Means any snowmobile, all-terrain type I vehicles, all-terrain type II vehicles or motorcycles.

ALL-TERRAIN TYPE I VEHICLE: Means any motor vehicle fifty two inches (52") or less in width, having an unladen dry weight of one thousand five hundred (1,500) pounds or less, traveling on three (3) or more low pressure tires, having a seat designed to be straddled by the operator, and designed for or capable of travel over unimproved terrain.

ALL-TERRAIN TYPE II VEHICLE: Means any other motor vehicle, not defined in Utah Code Annotated section 41-22-2(2), "all-terrain type I vehicles", section 41-22-2(12), "motorcycles", or section 41-22-2(22), "snowmobiles", 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 Utah Code Annotated section 41-1a-102. (Ord. 2018-3, 3-14-2018) !DEFEND!

7-2-2:		RULES AND REGULATIONS:

The following rules and regulations govern the operation and equipment of ATVs on and about the streets of Orangeville City.

A.	Approved Routes:

1.	Orangeville City shall maintain and may periodically update a map designating certain streets and highways as open for general ATV use or limited ATV use.

2.	Orangeville City may elect to post signage designating certain streets and highways for general ATV use or limited ATV use.

3.	In addition to streets and highways specifically identified and designated by map or sign, ATVs may be operated on the streets of Orangeville City when the street on which the ATV is being operated constitutes the most direct route to and from a residence within the City to a private or public area designated for ATV use.

4.	A map designating the initial approved routes along Orangeville streets and highways is on file in the City as exhibit A.

5.	ATVs shall be used and operated only on or over such streets and highways within Orangeville City as designated by map or sign, as stated above.

B.	Compliance With Utah Traffic Laws Required:

1.	Any person operating an ATV is subject to the provisions of Utah Code Annotated title 41, chapter 6a, Traffic Code, unless specifically excluded.

C.	Registration Required:

1.	Unless exempted under the Utah Motor Vehicle Act, a person may not operate or transport, and an owner may not give another person permission to operate or transport, any ATV on any public land, trail, street, or highway in and around Orangeville City unless the ATV is registered under Utah Code Annotated title 41, chapter 22, "Off-Highway Vehicles".

2.	At all times, a registration card shall be kept with the ATV and shall be available for inspection by a law enforcement officer.

D.	Supervision, Safety Certificate, Or Driver's License Required:

1.	As used in this section, "direct supervision" means oversight at a distance:

a.	Of no more than three hundred feet (300'); and

b.	Within which:

(1)	Visual contact is maintained; and

(2)	Advice and assistance can be given and received.

2.	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 of this State unless the person:

a.	Is under the direct supervision of an off-highway vehicle safety instructor during a scheduled safety training course approved by the Board pursuant to Utah Code Annotated section 41-22-32;

b.	(1) Has in the person's possession the appropriate safety certificate issued or approved by the division; 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 the person's immediate possession a valid motor vehicle operator's license, as provided in Utah Code Annotated title 53, chapter 3, Uniform Driver License Act.

3.	a. A person convicted of a violation of this section 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 section, if the person charged:
(1)	Produces in court a license or an appropriate safety certificate that was:

(A) Valid at the time of the citation or arrest; and

(B) Issued to the person operating the off-highway vehicle; and

(2)	Can show that the direct supervision requirement under subsection D2b of this section was not violated at the time of citation or arrest.

E.	Operators Under Age Eight Restricted:

1.	As used in this section:

	!DEF! ORGANIZED PRACTICE: Means a scheduled ATV practice held in an off-road vehicle facility designated by the division and conducted by an organization carrying liability insurance in at least the amounts specified by the division under the Utah Motor Vehicle Code covering all activities associated with the practice.

	SANCTIONED RACE: Means an ATV race conducted on a closed course and sponsored and sanctioned by an organization carrying liability insurance in at least the amounts specified by the division under the Utah Motor Vehicle Code covering all activities associated with the race. !DEFEND!

2.	Except as provided under subsection E3 of this section, a person under eight (8) years of age may not operate and an owner may not give another person who is under eight (8) years of age permission to operate an off-highway vehicle on any public land, trail, street, or highway of this State.

3.	A child under eight (8) years of age may participate in a sanctioned race or organized practice if:

a.	The child is under the direct supervision of an adult as described in subsection D of this section; and

b.	Emergency medical service personnel, as defined in Utah Code Annotated section 26-8a-102, are on the premises and immediately available to provide assistance at all times during the sanctioned race or organized practice.

4.	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.

F.	Protective Headgear Requirements:

1.	A person under the age of eighteen (18) may not operate or ride on ATV vehicles, snowmobiles, or motorcycles on public land unless the person is wearing a 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 eighteen (18) years of age to operate or ride on an off-highway vehicle in violation of this chapter.

G.	Vehicle Safety; Noise, Lights, And Equipment:

1.	An ATV shall be equipped with:

a.	Brakes adequate to control the movement of and to stop and hold the vehicle under normal operating conditions;

b.	Headlights and taillights when operated between sunset and sunrise; and

c.	A noise control device and except for a snowmobile, a spark arrestor device.

2.	State standards regulating the safe running and mechanical conditions of motor vehicles shall apply to ATVs which are used or operated within Orangeville City.

3.	State laws and standards regulating the safe operation of motor vehicles shall apply to ATVs which are used or operated within Orangeville City.

4.	State, County, and City noise regulations shall apply to the use and operation of ATVs. (Ord. 2018-3, 3-14-2018)

7-2-3:		PENALTIES AND ENFORCEMENT:

A.	Any violation of this chapter shall constitute an infraction and be subject to penalty as provided by Utah State law for infractions.

B.	The Emery County Sheriff's Department or other policing authority is given full rights to write citations to those individuals breaking laws or safety guidelines as outlined in this chapter. (Ord. 2018-3, 3-14-2018)