ORDINANCE NO 1-2015
OPERATION OF OFF-HIGHWAY VEHICLES ON ROADS IN UNINCORPORATED AREAS OF MONTEZUMA COUNTY, COLORADO

WHEREAS, C.R.S. §33-14.5-1 08(1)(f) authorizes the Board of Commissioners (Board) to permit the operation of off-highway vehicles (OHV) on county roads that are not part of the state highway system; and

WHEREAS, C.R.S. §33-14.5-11 0 authorizes the Board to regulate the operation of OHVs on County property and on streets and highways within its boundaries; and

WHEREAS, C.R.S. §30-15-401 (1)(h) authorizes the County to control and regulate the movement and parking of vehicles and motor vehicles on public property, except state highways.

WHEREAS, Authorizing the operation of OHVs on county roads in a safe and prudent manner assists in promoting economic development within Montezuma County.

NOW THEREFORE BE IT ORDAINED by the Montezuma County Board of Commissioners that:

Section 1. Definition. The County hereby adopts the statutory definition of OHV from C.R.S. §33-14.5-1 03(3) as: any self-propelled vehicle which is designed to travel on wheels 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. ”·OHV” 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 cars; (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.

Section 2. Designation of Routes. OHV travel shall be allowed, subject to the restrictions listed in this Ordinance, on all county roads located in unincorporated Montezuma County.

Restrictions and Prohibited Acts.

Section 2.01 Any person operating an OHV in the unincorporated areas of Montezuma County shall comply with all rules and regulations applicable to such vehicles adopted by the State of Colorado.

Section 2.02 Any person operating an OHV on a county road pursuant to this Ordinance shall be in possession of a valid motor vehicle operator’s license and be at least 16 years of age.

Section 2.03 OHVs operating on Montezuma County roads shall be equipped with:

• A muffler in constant operation and properly maintained;
• A spark arrestor in good working order which has been approved by the U.S. Forest Service as evidenced by the bona fide permanent marking of “qualified” or “approved” on the spark arrestor;
• A braking system that may be operated by hand or foot, capable of producing deceleration of 14 feet per second on level ground at a speed of 20 miles per hour; and
• At least one lighted headlamp and one lighted tail lamp, each having the minimum candlepower prescribed by regulation of the Division of Parks and Wildlife while being operated between the hours of sunset and sunrise.

Section 2.04 It shall be unlawful to operate an OHV on Montezuma County roads in any of the following manners:

• On any portion of any street except the far right portion of the street;
• To ride together in any pattern except in single file;
• On any public or private property or roads without express consent of the owner.

Section 2.05 OHVs operating on Montezuma County roads shall be considered to be motor vehicles for purposes of maintaining at least the minimum liability insurance coverage required by the Colorado Motor Vehicle Financial Responsibility Law, Title 42, Article 7, C.R.S.

Section 2.06 All ordinances and regulations pertaining to vehicles or motor vehicles, shall be applicable to the operation of OHVs on County roads, except to those which, by their nature, can have no application. In the event of a conflict between such ordinances and regulations and this Ordinance, this Ordinance shall govern.

Section 2.07 On county roads, OHVs shall not exceed 50 miles per hour or the posted speed limit, whichever is less.

Section 3. Limitations. This Ordinance does not authorize or designate the use of OHVs on lands, roads, or trails under the jurisdiction of municipalities or state agencies or on other lands or roads not under the jurisdiction of Montezuma County. Nothing in this Ordinance shall prohibit the use of OHVs for agricultural purposes on any public road.

Section 4. Penalties. The following penalties shall apply to this Ordinance:

Section 4.01 The provisions of C.R.S. §42-4-1 701 are adopted by this reference.

Section 4.02 Prosecution may be brought against a violator in accordance with C.R.S. §30-15-402, and under the penalty assessment procedure provided in C.R.S. §16-2-201. Such violations shall be a class 2 petty offense, and, upon conviction or confession of guilt thereof, shall be punished by a fine of not more than one thousand dollars for each separate violation, plus a surcharge of ten dollars ($10.00), under C.R.S. §30-15-402(2) and any applicable Court surcharges and administrative fees.

Section 4.03 Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other state, or local law, rule, order, or regulation.

Section 5. Application. The restrictions on operation of OHVs contained in this Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, either within or outside the corporate limits of this County, the use of which this County has jurisdiction and authority to regulate.

Section 6. Validity. If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of remaining portions of this Ordinance. The Board hereby declares that it would have passed this Ordinance and each part or pat1s thereof, irrespective of the fact that any one part or pa11s be declared invalid.

Section 7. Repealer. All resolutions or ordinances, or parts thereof, in conflict with this Ordinance are hereby repealed, provided that this repealer shall not repeal the repealer clauses of such resolutions nor revive any resolution thereby.

Section 8. Safety. The adoption of this Ordinance is in the best interest, safety and welfare of the citizens of and visitors to Montezuma County.

Section 9. Effective Date. This Ordinance is effective immediately upon adoption.