Ordinance Concerning 4 Wheelers

OFF-HIGHWAY VEHICLE REGULATIONS

SECTION 6-2-1. License Required . All operators of off-highway vehicles shall be duly licensed to operate such vehicles in accordance with all applicable state laws, rules and regulations. SECTION 6-2-2. Minor Accompanied by Adult .A. All operators of off-highway vehicles who are ages eight (8) through sixteen (16), inclusive, and have obtained a safety certificate issued by the Division of Parks and Recreation, shall—while operating such vehicle within City limits—be under the direct visual supervision of, or accompanied by, an adult, 18 (eighteen) years of age or older. B. As used herein:1. “Direct supervision” means oversight at a distance, of not more than three hundred feet (300’), within which: a.Visual contact is maintained; and b.Advice and assistance can be given and received. ORDINANCE NO. 2008-09 2. “Accompanied” means that the adult shall: a. Travel and be in visual and vocal contact with the operator; and b. Travel in a licensed All-terrain Type I or II vehicle, or motorcycle (as defined by statute). SECTION 6-2-3. Restrictions . A. Off-highway vehicles shall be used and operated only on or over streets, roads or highways within LaVerkin City that are designated by this ordinance as open to such vehicle use. B. Off-highway vehicles shall be operated on designated roadways with the specific purpose of accessing riding areas away from populated areas, whether public or private.C. Off-highway vehicles shall be operated at all times in accordance with local, county and state laws and regulations. D. Off-highway vehicles may only be operated within the City limits between the hours of 6:00 a.m. and 10:00 p.m.E. Off-highway vehicles shall not be operated on LaVerkin City roadways at speeds in excess of the lesser of twenty-five (25) miles per hour (25 m.p.h.) or the posted speed. F. It is encouraged, but not required, that off-highway vehicles be operated on the outer four feet (4´) of the asphalt on oiled roadways and on unimproved gravel or dirt roadways within the LaVerkin City limits.G. If equipped with headlights, off-highway vehicle shall be operated only with the lights functioning and turned on. H. Nothing in this ordinance shall be interpreted to give authorization to ride on private property without permission of the property owner. ORDINANCE NO. 2008-09 SECTION 6-2-4. Designated Roadways . The following described streets, roads and highways are hereby designated as open to off-highway vehicle use in conformance with this ordinance and all other applicable local, county and state laws, and regulations: A. North/South Routes: All public streets, roads and highways (and private streets, roadways, alleys, and rights-of-way, with permission of the owner thereof), situated within the jurisdiction of the LaVerkin, excluding SR-17 and SR-9 except at a designated crossing spot located at Main Street and SR-9. B. East/West Routes: All public streets, roads and highways (and private streets, roadways, alleys, and rights-of-way, with permission of the owner thereof), situated within the jurisdiction of the LaVerkin, excluding SR-17 and SR-9 except at designated crossing spots located at (1) Center Street and SR-9, and (2) 900 North Street and SR-17. SECTION 6-2-5. Penalty .A. Any person violating Section 6-2-2 and Subsection D of Section 6-2-3 herein shall be guilty of an infraction and, upon conviction thereof, subject to penalty as provided in Section 1-4-1 of this Code; provided, that the fine for a violation of Section 6-2-2 may not exceed that provided by Section 41-22-30, Utah Code Annotated (1953, as amended). B. Unless a different penalty classification is provided, any person violating any other provision of this chapter shall be guilty of a class C misdemeanor and, upon conviction thereof, subject to penalty as provided in Section 1-4-1 of this Code. SECTION II : SEVERABILITY. The sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable. If any such section, paragraph, sentence, clause, or phrase shall be declared invalid or unconstitutional by the valid judgment or decree of a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any of the remaining sections, paragraphs, sentences, clauses, or phrases of this Ordinance.ORDINANCE NO. 2008-09SECTION III : EFFECTIVE DATE.In the opinion of the City Council of LaVerkin City, it is necessary for the preservation of the peace, welfare, health, and safety of the inhabitants of LaVerkin City that this Ordinance take effect as soon as possible. This Ordinance, therefore, shall take effect immediately upon its passage and first publication as provided by law.

PASSED AND ADOPTED by the City Council of LaVerkin City this 4th day of June, 2008.

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