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0398 Recreational Motor Vehicle Operations 1993CITY OF CHUBBUCK, IDAHO ORDINANCE NO. 398 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING CHAPTER 10.16, RECREATIONAL MOTOR VEHICLE OPERATION; TO PROVIDE FOR RECREATIONAL MOTOR VEHICLE OPERATIONS; TO PROVIDE FOR THE REGULATION OF RECREATIONAL MOTOR VEHICLES; REPEALING PRIOR CONFLICTING ORDINANCES; PROVIDING FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ORDINANCE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Intent. Recreational motor vehicles described for off-road use have been found by the United States Consumer Products Safety Commission, in its "Consumer Products Safety Alert," dated May, 1987 to be dangerous, particularly when operated without proper safety precautions. Additionally, the City does not have appropriate areas for the operation of these vehicles due to the noise and dust created. In the past these vehicles have been used to trespass upon private property lands resulting in destruction of property and increased demands for police department intervention. The City Council finds the operation of these types of vehicles are more appropriate for off-road use outside of the city limits and are not appropriate within the confines of the City because of the aforementioned reasons. Section 2. Enactment of Chapter 10.16. Chapter 10.16 is hereby adopted as part of the Chubbuck Municipal Code: 10.16 Recreational Motor Vehicle Operation. 10.16.010 Definitions. A. "City" shall ,mean the City of Chubbuck, Idaho and geographical area lying within its corporate limits. B. "Recreational motor vehicle" means any self- propelled vehicle and any vehicle propelled or drawn by a self- propelled vehicle used for recreational purposes, including a trail bike or other all -terrain vehicle, hovercraft or motor vehicle licensed for highway operation which is being used for off-road recreational purposes, including snowmobiles. 10.16.020 Operation. No person shall: Ordinance - Page 1 dsc chbbck02.081 0 0 A. Enter and operate a recreational motor vehicle on land not his own without the written or oral permission of the owner, occupant or lessee of the land, except where otherwise allowed by law. Written permission may be given by a posted notice which specifies the kind of vehicles allowed, such as "Recreational Vehicles Allowed", or words substantially similar. B. Operate a recreational motor vehicle carelessly or heedlessly in disregard of the rights or the safety of others or in any manner which endangers or is likely to endanger a person or property. C. Operate a recreational motor vehicle in excess of 25 miles per hour on publicly owned land. U. Operate a recreational motor vehicle within 150 yards of a public recreational area or gathering of four or more people. E. Operate a recreational motor vehicle on public property, except in those areas designated by the City as provided in Section 10.16.040. F. Post, alter, mutilate, or remove any notice or sign relating to recreational motor vehicles on property in which he has no legal interest. G. Enter or leave the lands of another with a recreational motor vehicle or pass from one portion of those lands to another, through a closed gate, without returning the gate to its original position. No person shall enter or leave the lands of another with a recreational motor vehicle by cutting a wire or tearing down or destroying a fence. H. Operate a recreational motor vehicle on any public property, including public school grounds, park property, playgrounds and recreational areas, except on specifically designated trails or in areas specifically designated for use of such vehicles. I. In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons. J. Upon any sidewalk or pedestrian way in the City. 10.16.030 Minimum Equipment Requirements. A. Standard mufflers shall be properly attached and in constant operation to reduce the noise of operation to the minimum necessary. No person shall use a muffler cutout, by-pass, straight pipe Ordinance - Page 2 dsc chbbck02.081 or similar device on a recreational motor vehicle; and the exhaust system shall not emit or produce a sharp popping or cracking sound. B. Brakes shall be adequate to control the movement of and to stop and hold the vehicle under all conditions of operation. C. The following equipment shall be attached and in operating condition when a recreational motor vehicle is operated between the hours of one-half hour after sunset and one-half hour before sunrise or at times of reduced visibility: 1. At least one white lamp shall be attached to the front with sufficient intensity to reveal persons and vehicles at least 500 feet ahead during the hours of darkness under norrnai atmospheric conditions. The head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. 2. At least one red tail lamp shall be attached to the rear, with sufficient intensity to exhibit a red light plainly visible from 500 feet to the rear during the hours of darkness under normal atmospheric conditions. 10.16.040 Designation of Public Areas for Use. A. The City Council may, but is not obligated to, designate areas for use of recreational motor vehicles. A designation shall be published in the official newspaper. If an area is changed, the change shall also be published in the official newspaper. A current map of designated park areas open for recreational motor vehicle use, if any, shall be kept on file in the office of the City Clerk. Additionally, the Chief of Police, or the Chief's designee, may grant approval for use of recreational motor vehicles in parades and other similar public events. B. Unless permitted by the City Council, no recreational motor vehicles, except City -owned vehicles used in the course of City business, shall be used on City park property. 10.16.050 Penalty. A violation of any provision of this section is a misdemeanor. Ordinance - Page 3 dsc chbbck02.081 .. K ADMINISTRATIVE PROVISIONS Section 1. Repeal of Conflicting Ordinances. The provisions of any Ordinance of the City of Chubbuck, Idaho, and any provision of the Chubbuck Municipal Code which are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Section 2. Severability. If any provision of this ordinance is held invalid, for any reason, by any court of competent jurisdiction, such holding shall not affect the validity or enforceability of any of the remaining provisions. Section 3. Effective Date. The rule requiring an ordinance to be read on three separate days, one of which shall be a reading in full, is hereby dispensed with, and this Ordinance shall become effective upon its passage, approval and publication as provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, this 11 th day of MAY , 1993. ATTEST: a� - C " CITY CLERK Ordinance - Page 4 dsc chbbck02.081