"THIS IS A DRAFT COPY ONLY - WILL BE DISCUSSED DURING THE 09/19/2017 BOARD MEETING"
GRANT COUNTY, NEW MEXICO
"DRAFT" ORDINANCE NO. O-17-03
AN ORDINANCE AUTHORIZING THE
OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON STREETS OR HIGHWAYS OWNED AND
CONTROLLED BY GRANT COUNTY
WHEREAS, the New Mexico Legislature amended
Section 66-3-1011 NMSA 1978, allowing a county, by ordinance or resolution, to
authorize the operation of off-highway motor vehicles on paved streets or
highways owned and controlled by the county; and
WHEREAS, the Board of Grant County
Commissioners desires to adopt an ordinance that would authorize the operation
of off-highway motor vehicles, as defined herein, on streets or highways owned
and controlled by Grant County; and
WHEREAS, the Board duly published notice
of its intention to consider the present ordinance at least fourteen (14) days prior
to the present meeting, in accordance with NMSA (1978) § 4-37-7; and
WHEREAS, the Board held an open public
hearing on the consideration of the present ordinance at which there was an
opportunity for public comment.
NOW THEREFORE BE IT ORDAINED THAT THE BOARD
OF COUNTY COMMISSIONERS OF GRANT COUNTY DOES HEREBY ADOPT AN ORDINANCE
AUTHORIZING THE OPERATION OF OFF-HIGHWAY MOTOR VEHICLES ON STREETS OR HIGHWAYS
OWNED AND CONTROLLED BY GRANT COUNTY, AS FOLLOWS:
I. AUTHORIZATION.
- The
Board of Commissioners of Grant County, New Mexico hereby authorize the
operation of recreational off-highway vehicles, as defined herein, on any paved
street or highway owned and controlled by Grant County under the
conditions set forth in the Off-Highway Motor Vehicle Act, Sections
66-3-1011 through 66-3-1016 NMSA 1978 (and any amendments thereto) and
this Ordinance; and
- The
operation of recreational off-highway motor vehicles is prohibited at all
times on limited access highways and freeways, pursuant to NMSA (1978)
Section 66-3-1011A(1).
II. DEFINITION.
- An Off-Highway
Motor Vehicle is defined as a motor vehicle designed by the manufacturer
for operation exclusively off the highway or road and for purposes of this
Ordinance is limited to Recreational Off-highway Vehicle (“ROV”), which
means a motor vehicle designed for travel on four or more non-highway
tires, for recreational use by one or more persons, and having:
(1) a
steering wheel for steering control;
(2) non-straddle
seating;
(3) maximum
speed capability greater than thirty-five miles per hour;
(4) gross
vehicle weight rating no greater than one thousand seven hundred fifty pounds;
(5) less
than eighty inches in overall width, exclusive of accessories;
(6) engine
displacement of less than one thousand cubic centimeters; and
(7) identification
by means of a seventeen-character vehicle identification number.
- The
authorization granted by this Ordinance for the operation of off-highway
motor vehicles is limited to ROVs.
No other vehicle defined as an off-highway motor vehicle under NMSA
66-3-1001.1E is authorized for operation on any paved street or highway
owned and controlled by Grant County.
III. EQUIPMENT.
- ROVs
may not be operated on any street or highway owned and controlled by Grant
County unless:
(1) the
vehicle has one or more headlights and one or more taillights that comply with
the Off-Highway Motor Vehicle Act;
(2) the
vehicle has brakes, mirrors (including driver-side rear view), and mufflers,
and a signal horn;
(3) the
operator and all passengers are properly secured by safety belts;
(4) the
operator of the vehicle is wearing eye protection and a safety helmet that
comply with the Off-Highway Motor Vehicle Act;
(5) all
passengers under eighteen are wearing eye protection and securely fastened safety
helmets in compliance with NMSA Section 66-3-1010.3B(1); and
(6) the
vehicle is equipped with a spark arrester approved by the United States forest
service.
IV. LICENSE, PERMITS, INSURANCE,
REGISTRATION.
- A
person must have obtained the following in order to operate an ROV:
(1) A
valid Driver’s License. Neither a
learner’s permit nor a motorcycle license shall satisfy this requirement;
(2) An
off-highway motor vehicle safety permit issued by an organization approved and
certified by the State of New Mexico, Department of Motor Vehicles;
(3) Insurance
or evidence of financial responsibility for ROV being operated in compliance
with the provisions of the Mandatory Financial Responsibility Act, NMSA Section
66-5-205; and
(4) Unless
excepted under NMSA Section 66-3-1, registration of ROV being operated. For New Mexico residents, ROVs must be
registered at the New Mexico Motor Vehicle Division. For nonresidents, ROVs must be registered in
the owner’s state of residence. For
nonresidents whose state of residence does not provide for registration of
ROVs, nonresidents must obtain a nonresident permit through the New Mexico
Department of Game and Fish. A home
owner’s policy will not satisfy this requirement.
- If
applicable, proof of items (1) through (4) must be in a person’s
possession while operating an ROV.
V. OPERATION.
A.
A person shall not operate an off-highway motor
vehicle:
(1) in
excess of the posted speed limit or as otherwise prescribed by state law;
(2) in
a careless, reckless or negligent manner so as to endanger the person or property
of another;
(3) while
under the influence of intoxicating liquor or drugs as provided by Section
66-8-102 NMSA 1978;
(4) while
in pursuit of and with intent to hunt or take a species of animal or bird
protected by law unless otherwise authorized by the state game commission;
(5) in
pursuit of or harassment of livestock in any manner that negatively affects the
livestock’s condition;
(6) to
intentionally approach wildlife;
(7) on
or within an earthen tank or other structure meant to water livestock or wildlife,
unless the off-highway motor vehicle is on a route designated by the landowner
or land management agency as an off-highway motor vehicle route;
(8) in
a manner that has a direct negative effect on or interferes with persons
engaged in agricultural practices;
(9) in
excess of ten miles per hour within two hundred feet of a business, animal
shelter, horseback rider, bicyclist, pedestrian, livestock or occupied
dwelling, unless the person operates the vehicle on a closed course or track;
(10) when conditions such as darkness limit visibility
to five hundred feet or less, unless the vehicle is equipped with:
(a)
one or more headlights of sufficient candlepower to
light objects at a distance of one hundred fifty feet; and
(b)
at least one taillight of sufficient intensity to
exhibit a red or amber light at a distance of two hundred feet under normal
atmospheric conditions;
(11) that produces noise that exceeds ninety-six
decibels when measured using test procedures established by the society of
automotive engineers pursuant to standard J-1287;
(12) in the left lane of traffic or in a side-by-side
manner. ROVs must be operated single
file and as far to the right of the right lane as safely possible;
(13) all occupants are sitting in a designated seat in
the ROV;
(14) where off-highway motor vehicle traffic is
prohibited under local, state or federal rules or regulations; or
(15) near or within residential areas between the
hours of 8:00 a.m. and 8:00 p.m., except for the storage and removal of the
ROV.
- An
off-highway motor vehicle shall not be sold or offered for sale if the
vehicle produces noise that exceeds ninety-six decibels when measured
using test procedures established by the society of automotive engineers
pursuant to standard J-1287. This subsection shall not apply to an off-highway
motor vehicle that is sold or offered for sale only for organized
competition.
- Operators
must follow this Ordinance and all state laws pertaining to the operation
of motor vehicles as set forth in the Motor Vehicle Code, Chapter 66, NMSA
1978.
VI. AGE RESTRICTIONS.
- A
person must be at least sixteen years of age to operate an ROV.
- Operators
under the age of eighteen shall not be permitted to carry passengers,
regardless of vehicle design.
- A
person under the age of eighteen shall not operate an off-highway motor
vehicle unless the person is visually supervised at all times by a parent,
legal guardian or a person over the age of eighteen who has a valid
driver’s license.
VII. SPEED
LIMIT.
ROVs operating on streets or
highways owned and controlled by Grant County shall operate at either the
posted speed limit or at a speed limit that may be established by the New
Mexico State Transportation Commission for such vehicles, whichever is slower.
VIII. ENFORCEMENT.
Prosecution of violations under this
section may be commenced by the issuance of a citation charging the violation. Citations may be issued by a deputy from the
Grant County Sheriff’s Office, the code enforcement officer of Grant County, a
wildlife conservation officer, state police officer or any other peace officer
with jurisdiction in Grant County.
IX. PENALTIES.
Any individual, firm, partnership, corporation or other
entity who violates this ordinance shall be guilty of a misdemeanor and may be fined
in an amount not to exceed $300 and may be imprisoned for up to ninety (90)
days, or both.
X. EFFECTIVE DATE.
This Ordinance shall take effect thirty days after it has
been recorded in the book kept by the county for that purpose in the Grant
County Clerk’s Office.
PASSED, APPROVED, AND
ADOPTED, this 19th day of September 2017.
[seal]
BOARD
OF COUNTY COMMISSIONERS
ATTEST: GRANT
COUNTY, NEW MEXICO
_____________________________
Brett
Kasten, Chairman
______________________________
Marisa Castrillo, Clerk
______________________________
Gabriel
Ramos, Member
______________________________
Alicia
Edwards, Member
______________________________
Gerald
W. Billings, Member
______________________________
Harry
Browne, Member
Commissioner _____________ then
moved that the ordinance as filed with the County Clerk at this meeting be
passed and adopted. Commissioner
____________ seconded the motion.
The question being upon the
passage and adoption of the ordinance, the motion was voted upon with the
following result:
Those Voting Yea:
Those Voting Nay:
Those Absent:
The Chairman thereupon declared
that at least a majority of all the members of the Board having voted in favor
thereof, the motion was carried and the ordinance duly passed and adopted.
After consideration of matters
not relating to adoption of the Ordinance, the meeting on motion duly made,
seconded and unanimously carried, was adjourned.
Brett Kasten, Chairman
[SEAL]
Attest:
Marisa Castrillo, County Clerk