"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.

1. 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

2. 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.

1. 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.

2. 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.

1. 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.

1. 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.

2. 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.

2. 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.

3. 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.

1. A person must be at least sixteen years of age to operate an ROV.

2. Operators under the age of eighteen shall not be permitted to carry passengers, regardless of vehicle design.

3. 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

STATE OF NEW MEXICO )

) ss.

COUNTY OF GRANT )

I, Marisa Castrillo, County Clerk of Grant County, New Mexico certify:

1. The foregoing pages constitute a full and correct copy of the record of the proceedings taken by the Board of Grant County Commissioners (the “Board”) at a regular meeting thereof held on September 19, 2017, so far as said minutes relate to an ordinance, a copy of which is therein set forth (the “Ordinance”). The Ordinance has been duly authenticated by the signatures of the Board and myself as County Clerk, sealed with the corporate seal of said County, and recorded in my office on September 19, 2017.

2. Notice of such meeting of September 19, 2017, was given by publishing a notice of the Board’s intent to hold a regular meeting by publication in the Silver City Daily Press. Notice of the meeting was given in compliance with the permitted methods of giving notice of meetings of the Board as required by the open meetings standards then in effect, i.e., the County’s Open Meetings Resolution. An affidavit of publication with respect to such notice is attached as Exhibit A.

3. A majority of the members of the Board were present at said meeting, and the members of the Board voted on the passage of the Ordinance as set forth in such record of proceedings.

[seal]

____________________________________

Marisa Castrillo,
Grant County Clerk