10.14 Off-highway Vehicles

 

As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings hereinafter designated unless such meaning is excluded by an express provision.

1. “Off-highway vehicle” shall mean any self-propelled vehicle which is designed to travel on wheels, 1.e. three(3) or four(4), or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. “Off-highway vehicle” does not include the following: (a) vehicles designed and used primarily for travel on, over, or in the water; (b) snowmobiles; (c) military vehicles; (d) golf carts; (e) vehicles designed and used to carry disabled persons; (f) vehicles designed and used specifically for agricultural, logging, or mining purposes; or (g) vehicles registered pursuant to article 3 of title 42 C.R.S.

2. “Off highway vehicle route” means any road, trail, or other public way owned or managed by the Town and designated for off-highway vehicle travel.

 

 

In accordance with section 33-14.5-108 C.R.S. all Town streets, roads, and alleys, except any street or road which is part of the State highway system, within the Town are hereby designated as off-highway vehicle routes.

 

 

No off-highway vehicle shall be operated on the public streets, roads, and alleys within the Town except in accordance with the following:

1. No person shall operated an off-highway vehicle at a speed greater than is reasonable and prudent under the conditions then existing, and in no event greater than ten miles per hour (10 mph).

2.  Any person that operates an off-highway vehicle must be at least eleven (11) years of age or be accompanied by an adult eighteen (18) years of age or older.

3.  Any person who drives an off-highway vehicle in such a manner as to indicate either a wanton or willful disregard for the safety of persons or property shall be deemed guilty of reckless operation of an off-highway vehicle.

4.  Any person who operates an off-highway vehicle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, pedestrians, and use of the streets, and all attendant circumstances, shall be deemed guilty of careless operation of an off-highway vehicle.

5.  Any person who operates an off-highway vehicle on any street or alley shall ride as close to the white line as possible if no shoulder exists and multiple riders must ride in single file and observe all official traffic control devices, including signs and signals, as set forth in the Model Traffic Code for Colorado Revised 2003, as adopted by reference by the Town, and shall further operate such off-highway vehicle in the manner required for vehicles under the Model Traffic Code for Colorado Revised 2003, as adopted by reference by the Town, except as otherwise provided in this Chapter.

6.  Any person who operates an off-highway vehicle on any street or alley must take as direct a route as possible to a BLM area, educational activity, or employment. Educational activities or work activities must be approved by the Chief of Police and if in question will be verified.

7.  No off-highway vehicle shall be operated on any public street, road, or alley between the hours of sunset and sunrise.

8.  No off-highway vehicle shall be operated on any public street, road, or alley unless such off-highway vehicle is equipped with brakes and a muffler and spark arrester which conform to the standards prescribed by: (a) Department of Agriculture, Forest Service Standard 5100-a; (b) appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a).

 

 

The municipal judge is hereby authorized to promulgate a penalty assessment schedule for violations of this Chapter in accordance with Rule 210(b)(5) of the Colorado Municipal; Court Rules of Procedure.