HomeMy WebLinkAboutResolution 91-053-CCv
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BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
OFF ROAD VEHICLES ORDINANCE
AND RESOLUTION RESOLUTION NUMBER 91 -53 -CC
Ordinance Number 91 -53 -CC
WHEREAS, the Grant County Commissioners have a desire to establish
General Statutes and Safety Statutes in the matter of Off Road Vehicle
use, and
WHEREAS, the following statutes seem appropriate:
HELMETS REQUIRED
Any operator or passenger of a motorcycle or ATV who is on the vehicle for recreational
purposes must wear a helmet. Helmets must meet the Federal Department Gf Trans-
portation standards for motorcycle'street*use.
WARNING FLAGS REQUIRED IN ORV AREAS
The operator of any vehicle except motorcycles in any area designated for public
ORV use in Grant County must have attached to their vehicle a flag for added
visibility. The flag must be of a color that will contrast with the surroundings.
It must be at least 8" on one side and at least 12" horizontally. The top of
the flag must measure no less than 108" above the ground when the vehicle is
stationary. The flag will be constructed so that it maintains nearly all of
the required height when the vehicle is in motion. Sand Dunes Road, Powerlines
Road and the parking areas immediately adjacent to them in the Moses Lake Sand
Dunes are excepted from this requirement. At all the other ORV areas the primary
entrance roads and the camping areas are excepted from the flag requirement.
CARRYING PASSENGERS ON ATV'S PROHIBITED IN ORV AREAS
Any person operating an ATV in any area designated for public ORV use in Grant
County shall not carry any passengers. An exception is given persons assisting
in a rescue and traveling at a speed consistant with safety.
DEFINITIONS FOR THESE ORDINANCES
ORV shall be off road vehicle as defined in RCW 46.09.020.
ATV shall be all terrain vehicle defined as any motorized non -highway vehicle
50" or less in width, having a dry weight of 600 pounds or less, traveling on
3 or more low pressure tires, designed to be straddled by the operator and
having handle bars for steering control.
Non -highway vehicle is defined in RCW 46.09.020.
Motorcycle is defined to include motorcycles, motor driven cycles and mopeds as
defined in RCW 46.04.330, 46.04.332, and 46.04.304.
LIMITATIONS OF LIABILITY AND PROCEDURES
Grand County recognizes that due to the nature of ORV recreation,violators
of the ORV safety ordinances will commonly need to continue the violation
after contact with an enforcement officer to return to their camp or starting
point. Because of this, the enforcing officer, their agency, and Grant County
accept no liability for any incidents which may occur while violators are
returning to their camp or starting point. It will not be an additional
violation of the ordinances as long as the violator returns directly to their
camp or starting point.
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Violations of these ordinances will. be punishable as traffic infractions. This
is consistant with ORV permit violations.
For children under 12 years of age the adult who is directly responsible for
the supervision of the child while they are riding would be subject to the
proscribed penalty as if they were the operator or passenger.
Violations by juveniles 12 up to 16 years of age will be submitted through
normal juvenile channels. Officers will attempt to contact these juveniles
parents or other supervision, but will not be required to take the juvenile
into custody and take them to their parents.
Persons 16 years of age and older are cited as are any traffic infractions.
EFFECTIVE DATE
The safety ordinance would become effective July 1,1991.
BURNING OF TIRES PROHIBITED ON PUBLIC LANDS
No one shall burn or participate in the burning of tires on any public lands
in Grant County.
DISCHARGING FIREARMS RESTRICTED IN MOSES LAKE SAND DUNES
It shall be unlawful to discharge any firearms in any portion of the Moses Lake
Sand Dunes which is open for off road vehicle recreation. During the established
waterfowl and upland game seasons shotguns containing birdshot may be discharged
within the area which is closed seasonally to ORV use. Other firearms shall not
be discharged at any time in the seasonally closed ORV area.
PENALTY AND EFFECTIVE DATE
The general statutes would be punishable as misdemeanors and would become
effective July 1,1991.
NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY COMMISSIONERS
adopt these statutes effective as noted herein.
DOyE Tm5 23rd_ DAY OF April . 19 91
ATTEST:
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Chairman
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Constituting the Board of County Commissioners
of Grant County, Washington