Garfield Off-Highway Vehicle Ordinance 2007

GARFIELD COUNTY
ORDINANCE 2007-2
OFF HIGHWAY VEHICLE

AN ORDINANCE AMENDING ORDINANCE 2003-3 AND REPLACING IT WITH ORDINANCE 2OO7-2 TO DESIGNATE AND REGULATE THE USE OF OFF-HIGHWAY VEHICLES ON GARFIELD COUNTY CLASS B AND CLASS D ROADS, PURSUANT TO UTAH CODE ANNOTATED, SECTION 4I-22-10.1, 1953 AS AMENDED.

WHEREAS, Garfield County and the State of Utah own joint, undivided interests in the rights-of-way for Class B and Class D roads designated on the Garfield County Road System pursuant to Utah Code Ann., Title 72; and

WHEREAS, Garfield County, acting by and through its Board of Commissioners, is the local authority (Utah Code Ann.,$ 41-6a-101 et seq.) and highway authority(Utah Code Ann.,$ 72-1- l0l et seq.) under the Constitution of Utah and laws of the State of Utah for enacting ordinances and regulating traffic and the use of vehicles on the Garfield County Road System; and

WHEREAS, Utah Code Ann., $$ 41-22-1- 4l-22-36 authorize Garfield County to regulate off-highway vehicle use and access on designated roads, trails and highways; and

WHEREAS, Garfield County has designated a portion of Garfield County Class B and Class D roads as open to off-highway vehicle (OHV) use, and

WHEREAS, Garfield County does hereby intend to designate which County Class B and Class D roads are open or closed to public use for the purpose of allowing OHV access and use; and

WHEREAS, Garfield County intends by this Ordinance to implement the policy of the State of Utah to promote safety and protection for persons, property, and the environment connected with the use, operation, and equipment of off-highway vehicles; and

WHEREAS, Garfield County believes designating a portion of its transportation network for OHV use will identify areas of access, provide opportunities for transportation, and protect resources; and

WHEREAS, Utah Code Ann., $ 4l-22-16 authorizes enforcement of violations associated with OHV use; and

WHEREAS, Garfield County is committed to enforcement of State Statute and this Ordinance, including the promotion of public safety, protection of resources and prosecution of violators; and

WHEREAS, Land Management Agencies are moving from open designation to a designated system of OHV Routes; and

WHEREAS, FLPMA requires Land Use Management Plans to be consistent with local plans and ordinances to the maximum extent allowed by law; and

WHEREAS, the Bureau of Land Management's Land Use Planning Handbook (BLM Handbook H-1601-1) directs Land Managers to evaluate/amend/revise their plans periodically (at a minimum of every 5 years) and when changes to local plans trigger Resource Management Plan amendments or decisions; and

WHEREAS, there is no federal statute for defining legal vehicles on highways under state or local jurisdiction; and

WHEREAS, Garfield County desires to cooperate with public land administrative agencies pursuant to their regulations and in accordance with State law to:
      a) Develop and maintain trails;
      b) Develop and maintain parking areas;
      c) Develop and maintain other related facilities appropriate to
          OHV use
      d) Promote the safety, enjoyment, and responsible use of all forms
          of this recreational activity.(Utah Code Annotated, Section
          41-22-20.)

NOW THEREFORE, The County Legislative Body of Garfield County hereby ordains as follows:

1. DESIGNATION OF ROADS FOR OFF-HIGHWAY VEHICLES. DEFINITIONS:

a) Garfield County does hereby designate only those roads shown on the attached map as open for public travel for OHV's (defined as all Snowmobiles, Motorcycles, All Terrain Type I Vehicles, and All Terrain Type II vehicles. (See Utah Code Ann., $ 41-22-2)).

b) The map, described as "Garfield County OHV Ordinance Route Map", is maintained by the Garfield County Commission and may be changed, modified, or amended from time to time by Garfield County

c) OHV's operated in compliance with this ordinance on County Roads designated as open are street legal public traffic.

2. COMPLIANCE WITH ALL TRAFFIC LAWS

Any person operating an off-highway vehicle is subject to all of the provisions of Title 41 Chapter 22 Utah Code Annotated, as amended, which include but are not limited to:

a) No person under eight years of age will be allowed to operate an OHV on the Garfield County Road system

b) OHV Operators between the age of eight through fifteen must possess an OHV education certificate issued by the Utah Division of Parks and Recreation.

c) All operators sixteen years and older must possess a valid driver's license or OHV education certificate.

d) All riders under eighteen years of age must wear a properly fitting, safety regulated helmet.

e) No person under twelve years of age may operate an OHV on any County Class B Road that is part of the system unless in the company of someone at least eighteen years of age with a valid drivers license or having an OHV Education Certificate in possession, and must be no further away from that person than verbal communicating distance at any time.

f) No person under fourteen years of age may operate on any asphalt surfaced, major collector County Road that is part of the system unless in the company of someone at least eighteen years of age having a valid drivers license or having an OHV Education Certificate in possession, and must be no further away than verbal communicating distance at anytime.

3. OPERATION OF VEHICLE 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:

a) 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.

b) When loading or unloading any off-highway vehicle from a vehicle which shall be done with due regard for safety and at the nearest practical point of operation.

c) When an emergency exists during any period of time and at those locations when operation of conventional motor vehicles is impractical or when the operation is directed by a peace officer or other public authority.

4. REGISTRATION

All vehicles operated on the OHV road system must comply with one of the following:

a) Safety inspected and licensed by the Utah Division of Motor Vehicles

b) Registered as an OHV by the Utah Division of Motor Vehicles

c) Registered in another state that offers reciprocal operating privileges to Utah residents.

5. VEHICLE EQUIPMENT REQUIREMENT

An off-highway vehicle 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

c) A noise control device.

6. PROHIBITED USES:

a) No person shall operate an OHV over twenty-five miles per hour (25mph) on the Garfield County Road system.

b) All traffic and other safety laws and rules apply to operation of off-highway vehicles, including the prohibited use of said vehicles while under the influence of alcohol or drugs (UCA 4I-6-44), and violations of such laws and regulations shall be subject to penalties under Utah State Law.

c) No person may operate an off-highway vehicle in connection with acts of vandalism, harassment of wildlife or domestic animals, burglaries, other crimes, damage to the environment which includes excessive pollution of air, water, or land, abuse of the water shed, impairment of plant or animal life, or excessive noise.

d) No person shall operate or accompany a person operating an OHV upon privately owned land of any other person, firm, or corporation without permission from the owner, or person in charge.
     (i) It is unlawful for a person to remain on private land upon request of
         the owner or person in charge to leave the properties.
     (ii) This section does not apply to prescriptive easements

e) It is unlawful for any person to tear down, mutilate, or destroy any sign, sign boards, or other notice including those which regulate trespassing for purposes of operating an OHV; or to tear down, deface, or destroy any fence or other enclosure or any gate or bars belonging to such fence or enclosure.

7. PENALTIES FOR VIOLATION

a) Violations of helmet, age or education requirements of this ordinance are punishable as infractions

b) Unless otherwise specified in law, any other violation of the terms of this ordinance shall be punishable as a Class C Misdemeanor

8. PRIVATE LANDS

This designation is not intended to include roads on private property, unless those roads are part of the County road system.

9. EFFECTIVE DATES

a) This amendment shall take effect thirty (30) days after its passage or twenty (20) days after its publication, whichever is earlier.

b) The effective date identified in Section 9a shall apply to all management actions that have a final record of decision (or equivalent) signed after the effective date.

c) For management actions that have a final record of decision (or equivalent) signed prior to the effective date, the effective date shall be:
     i) The initiation of a new planning process ( programmatic,
         implementation, or project level) that includes management
         actions that are impacted by this ordinance.
     ii) The applicable evaluation/revision date established by
         agency regulation, policy, or guideline.
     iii) Six years from the signing of the record of decision (or equivalent).
     iv) Whichever occurs first.

10. MAP AMENDMENTS

Affected land management entities shall be notified in writing 30 days prior to any effective date for changes made to the Garfield County OHV Ordinance Route Map.

Dated this 9th day of April, 2007.

Advertised on the 24th day of May, 2007.

Approved by Garfield County Commissioners on the 9th day of April, 2007.