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HomeMy WebLinkAboutResolution 91-053-CCv V A 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. U 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: C411 -he Ooord AA, K% Chairman �. Constituting the Board of County Commissioners of Grant County, Washington