HomeMy WebLinkAboutOrdinance 91.06 Regulation of off-road recreation motor vehiclesORDINANCE NO. 1991-06
RELATING TO REGULATION OF OFF-ROAD RECREATIONAL MOTOR VEHICLE
USE; DEFINITIONS; PROHIBITION OF OPERATION IN PUBLIC WASHES AND
RIVERBEDS, ON PRIVATE LANDS WITHOUT OWNER'S CONSENT, WHERE
VEHICLE USE GENERATES DUST POLLUTION, OR AT AN UNREASONABLE
SPEED; IDENTIFICATION AND PROOF OF VEHICLE OWNERSHIP REQUIRED
WITHIN OPERATOR'S IMMEDIATE POSSESSION; EXEMPT VEHICLES; EXEMPT
LOCATIONS; GOVERNMENT PROPERTY; AND PENALTIES.
BE IT ORDAINED BY THE TOWN COUNCIL OF MARANA, ARIZONA:
OFF-ROAD RECREATIONAL MOTOR VEHICLES
Definitions.
For the purpose of this Ordinance:
"Off-Road Recreational Motor Vehicle" or "Vehicle"
means two, three and four wheel motor vehicles
manufactured or converted for recreational non-highway
all terrain travel.
B. "Operate" means driving or having actual physical
control over the vehicle.
"wash" or "riverbed" means a water course having beds,
banks, sides and channels through which either waters
currently flow or through which flood waters flow
periodically.
II. Prohibited vehicle Uses.
A. No person shall operate an off-road recreational motor
vehicle:
Upon any portion of any publicly owned washes or
riverbeds within the Town except to cross such
washes or riverbeds from one bank to another
within the boundaries of an existing, clearly
defined highway, street, road, primitive roadway,
trail or traveled way; or
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Upon privately owned lands without notarized
written consent of the owner, the owner's agent
or the person in lawful possession of such
property. Such written consent shall be kept
within a person's possession while operating a
vehicle and be shown upon the request of a peace
officer; or
In such a way as to knowingly cause or contribute
to visible dust emissions which then cross
property lines into a residential, recreational,
institutional, educational, retail sales, hotel
or business premises; or
At a speed greater than is reasonable and prudent
under the circumstances, conditions and actual
and potential hazards then existing. In every
event, speed shall be so controlled as may be
necessary to avoid colliding with any object,
person, animal life or other vehicle so as to
comply with the duty of all persons to exercise
reasonable care for the protection of others; or
In such a way as to damage landscaping on public
or private lands, or so as to create significant
erosion on such lands; or
In such a way as to cause excessive noise which
disturbs the peace and quiet of a residential
area to the extent that a complaint thereof is
made to the Marana Police Department; or
Unless all persons under the age of seventeen
(17) years riding in or upon such vehicle shall
wear adequate protective headgear.
III. Identification And Proof Of Vehicle Ownership:
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All operators of off-road recreational vehicles shall
carry proof of vehicle ownership, or a rental
agreement, and a driver's license while operating such
vehicles and shall show such documents upon the
request of a peace officer. If an operator is
unlicensed then recent picture identification shall be
carried.
For the purposes of this Section, identification for
minors may include a school picture I.D. with school
or home address or a notarized statement consisting of
the minor's physical description and home address
which is signed by a parent or guardian.
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IV.
Exempt Vehicle Uses:
A. The provisions of this
vehicle being used for:
Ordinance shall not apply to a
2.
3.
4.
Ranching or agricultural purposes;
Grading, construction or building trade purposes;
Mining purposes;
Licensed off-road business operations such as
land surveying, public utility companies, sand
and gravel operations and other similar
enterprises;
Authorized emergency vehicle including towing
services;
Governmental purposes by a government employee;
Golf carts on golf courses.
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Exempt locations:
A. The provisions of this Ordinance shall not apply:
To vehicle operators on their own property,
except when creating dust emissions as set forth
in Section 2, paragraph A, subparagraph 3.
On any dedicated public highway, street, road or
alley or parking lot generally open to the public
for the purpose of vehicular travel if properly
licensed to use such raodway.
vI. Penalties:
Violation of this Ordinance shall constitute a misdemeanor
and shall be punishable by a fine, fixed by the court, of
not more than TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00)
and the imposition of a term of incarceration of not more
than SIX (6) MONTHS.
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VII. Severability Clause:
Should any section, subsection, subdivision, paragraph,
item, clause or phrase of this Ordinance be declared
unconstitutional or invalid for any reason, the remainder
of the Ordinance shall not be affected thereby, with all
remaining portions of this Ordinance continuing in full
force.
PASSED AND ADOPTED by the TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 5th day of March , 19 91
ATTEST:
MAYOR, TOWN OF MARANA
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