ORDINANCE NO

8-4-1 Title:

This chapter shall be entitled the Recreational Vehicle

Ordinance of Helper City, Utah, and replaces the prior chapter 8-4 of the Municipal code of Helper City.

8-4-2 Definitions

1. All-terrain type I vehicle: means any motor vehicle 50 inches or less in width, having an unladen dry weight of 800 pounds or less, traveling on three 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.

2. All-terrain type II vehicle: means any other motor vehicle, not defined in subsection (1), (6), (15), 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 41-1a-102.

3. Low pressure tire: means any pneumatic tire six inches or more in width designed for use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of ten pounds per square inch or less as recommended by the vehicle manufacturer.

4. Manufacturer: means a person engaged in the business of manufacturing off-highway vehicles.

5. Motorcycle: means every motor vehicle having a saddle for the use of the operator or platform for standing on to operate the motor vehicle and designed to travel on not more than two tires.

6. Motor vehicle: means every vehicle that is self-propelled.

7. Off-highway vehicle: means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, or motorcycle.

8. Off-highway implement of husbandry: means every all-terrain type I vehicle, motorcycle, or snowmobile which is used by the owner or his agent for agricultural operations.

9. Operate: means to control the movement of or otherwise use of an off-highway vehicle.

10. Operator: means the person who is in actual physical control of an off-highway vehicle.

11. Owner: means a person, other than a person with a security interest, having a property interest or title to an off-highway vehicle and entitled to use and possession of that vehicle.

12. Public land: means land owned or administered by an federal or state agency or an political subdivision of the state.

13. Register: means the act of assigning a registration number to an off-highway vehicle by the State of Utah, Department of Motor Vehicles.

14. Roadway: is used as defined by Utah Code Annotated 41-6-1.

15. Snowmobile: means any motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.

16. Street or highway: means the entire width between boundary lines of every way or place of whatever nature, when any part of it is open to the use of the public for vehicular travel.

8-4-3 Registration

1. Unless exempt under Utah Code Annotated 41-22-9, no person may operate or transport and no owner may give another person permission to operate or transport any off-highway vehicle on any public land, trail, designated ATV route, street, or highway within the city limits of Helper City unless the off-highway vehicle has been registered.

2. Unless exempted by Utah Code Annotated 41-22-9, no dealer may sell an off-highway vehicle, which can be used or transported on any public land, trail, street, or highway within the city limits of Helper City unless it has been registered or is in the process of being registered for the current year.

8-4-4 Vehicles Operated on Posted Public Land

1. Currently registered off-highway vehicles may be operated on public land, trails, designated ATV street routes that are posted by sign or designated by map or description as open to off-highway vehicle use by Helper City Municipal Corporation.

2. Liability may not be imposed on Helper City Municipal Corporation relating to the designation or maintenance of any land, trail, street, or highway open for off-highway vehicle use as stated by Utah Code Annotated 41-22-10.1

8-4-5 Off-Highway Vehicles – Prohibited on Highway - Streets

1. It is unlawful for an off-highway vehicle to operate on the following Highways or Streets;

A. Along or within the boundaries of US6 within Helper City Limits.

B. Helper City Main Street: between Birch Street and US6

C. Helper City Main Street: between US6 and Uintah Street

D. Poplar Street: Between US6 and Main Street

8-4-6 Operation of Vehicles on Highways – Streets

No person may operate an off-highway vehicle upon any street within Helper City Limits, not designated as off-highway vehicle use or authorized for off-highway vehicle use, except:

1. Operation of off-highway vehicles on streets or roadways within Helper City other than those designated herein shall be authorized, but only to enable access to the closest designated route.

2. 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;

3. When loading or unloading an off-highway vehicle from a vehicle or trailer, which shall be done with due regard for safety, and at the nearest practical point of operation; or

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

5. Off highway husbandry vehicles registered according to Utah Code Annotated 41-22-5.5.

8-4-7 Designated ATV Routes

The following city streets within Helper City are designated as permissible routes for the use of off-highway vehicles, type I and motorcycles, who exercises due care towards conventional motor vehicle traffic, to gain direct access to or from a private or public area open for off-highway use;

1. Racey Street to old Railroad bed on the north end of Racey

2. Janet Street – From Racey Street to 100 West

3. 100 West – From Janet Street to Hill Street

4. Hill Street – From 100 West to Hill Street Dugway using tunnel

underneath US6

5. 200 Section Hill Street – From Hill Street Dugway to Duchesne

Street

6. Duchesne Street – From 200 Section of Hill Street to Canyon Street

7. Canyon Street – From Duchesne Street to Utah Railway railroad

crossing (west city limits).

8. Reservoir Street – From south end of Duchesne Street to Gun Club

Road

9. Gun Club Road – From Reservoir Street to west city limits.

8-4-8 Supervision , Safety Certificate, Driver’s License, Required on Designated Off Highway Vehicle Routes

1. Any operator between 8 and 16 years of age must be in direct visual supervision of an adult who is at least 18 years of age while using a route designated for off highway vehicles within the Helper City Limits; and

A. Has in his immediate possession the appropriate Motorcycle or Type I off-highway vehicle safety certificate issued by the State of Utah.

2. No person 16 years of age or older shall operate an off-highway vehicle on any designated route or street open for off-highway vehicle use within Helper City unless such person has a valid state driver’s license.

8-4-9 Off-Highway Vehicle Equipment Requirements

1. Any off-highway vehicle operated within the limits of Helper City 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 and spark arrestor;

8-4-10 Speed Regulations on designated routes and Streets Open for Off-

highway vehicle use.

The maximum speed limit for off-highway vehicles shall be as posted for general motor vehicular traffic and the operation of off-highway vehicles shall otherwise be in accordance with all applicable motor vehicle laws and regulations.

8-4-11 Protective Headgear Requirements

1. A person under the age of 18 may not operate or ride on all terrain type I vehicles, all terrain type II vehicles, Snowmobiles, or motorcycles on public land or designated routes within the limits of Helper City unless the person is wearing a properly fitted safety-rated protective headgear designed for motorized vehicle use by and approved by the Utah Department of Transportation.

2. The owner of an off-highway vehicle or another person may not give permission to a person who is under 18 years of age to operate or ride on an off-highway vehicle in violation of this section.

8-4-12 Restrictions on use Privately owned Land

1. No person shall operate or accompany a person operating an off-highway vehicle upon privately owned land of any other person, firm, or corporation without permission from the owner or person in charge.

2. It is unlawful for any person operating or accompanying a person operating an off-highway vehicle to refuse to immediately leave private land upon request of the owner or person in charge of such land.

3. Subsections (1), and (2) shall not apply to prescriptive easements on privately owned land.

4. No person operating or accompanying a person operating an off-highway vehicle shall obstruct any entrance or exit to private property without the owner’s permission.

5. It is unlawful for any person to tear down, mutilate, or destroy any sign, signboards, or other notice which regulates trespassing for the purposes of operating an off-highway vehicle on land; or tear down, deface, or destroy any fence or other enclosure or any gate or bars belonging to any such fence or enclosure.

8-4-13 Requiring Compliance with Traffic Laws

Any person operating an off-highway vehicle within the limits of Helper City are subject to the provisions of Utah Code Annotated, Title 41, Chapter 6, unless specifically excluded by Statute.

8-4-14 Helper City Parkway Trail

No off-highway vehicle shall be operated on any portion of the trail designated as the Helper City Parkway Trail, except in the performance of snow removal between October 1 and March 1 of each year.

8-4-15 Prohibited Uses

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

8-4-16 Snow Removal

Nothing in this ordinance shall be construed as prohibiting the use of Type I vehicles for snow removal.

8-4-17 Penalties

1. Unless another penalty is provided for in this chapter or elsewhere in the laws of this state, any person who violates any provision of this chapter or the rules promulgated under this chapter, upon conviction, is guilty of a class C misdemeanor as defined by the Utah Code.