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Chapter 16.09
Off-Road and Nonhighway VehiclesSections:
16.09.010 Repealed.
16.09.020 Definitions.
16.09.040 Use Permit Prerequisite to Operation.
16.09.050 Vehicles Exempted from ORV Use Permits and Tags.
16.09.080 ORV Dealers – Number Plates – Violations.
16.09.090 Repealed.
16.09.120 Operating Violations.
16.09.121 Off-Street Operation of Motorcycles and Motor-Driven Cycles Prohibited.
16.09.130 Additional Violations – Penalty.
16.09.135 Parent or Guardian shall not Authorize or Permit Violation by a Child or Ward.
16.09.136 Liability of Operator, Owner, Lessee for Violations.
16.09.137 Removal and Impoundment of Nonhighway Vehicles.
16.09.140 Accident Reports.
16.09.190 General Penalty – Civil Liability.
16.09.200 Repealed.
16.09.010 Repealed.
Repealed.
[Ord. C31398 § 127; Passed: 6/5/1995]
16.09.020 Definitions.
As used in this chapter, the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context otherwise clearly indicates:
“Person” means any individual, firm, partnership, association, or corporation.
“Nonhighway vehicle” means any motorized vehicle when used for recreation travel on trails and nonhighway roads or for recreation cross-country travel on any one of the following or a combination thereof: Land, water, snow, ice, marsh, swampland, and other natural terrain. Such vehicles include but are not limited to: off-road vehicles; two-, three-, or four-wheel vehicles; motorcycles; four-wheel drive vehicles; dune buggies; amphibious vehicles; ground effects or air cushion vehicles; and any other means of land transportation deriving motive power from any source other than muscle or wind.
Nonhighway vehicle does not include:
1. Any vehicle designed primarily for travel on, over, or in the water;
2. Snowmobiles or any military vehicles; or
3. Any vehicle eligible for a motor vehicle fuel tax exemption or rebate under RCW chapter 82.36 while an exemption or rebate is claimed. This exemption includes but is not limited to farm, construction, and logging vehicles.
“Off-road vehicle” or “ORV” means any nonhighway vehicle when used for cross-country travel on trails or on any one of the following or a combination thereof: Land, water, snow, ice, marsh, swampland and other natural terrain.
“ORV use permit” means a permit issued for operation of an off-road vehicle under RCW chapter 46.09.
“ORV trail” means a multiple-use corridor designated and maintained for recreational travel by off-road vehicles that is not normally suitable for travel by conventional two-wheel drive vehicles and is posted or designated by the managing authority of the property that the trail traverses as permitting ORV travel.
“ORV use area” means the entire area of a parcel of land except for camping and approved buffer areas that is posted or designated for ORV use in accordance with rules adopted by the managing authority.
“ORV recreation facility” includes ORV trails and ORV use areas.
“Owner” means the person other than the lienholder, having an interest in or title to a nonhighway vehicle, and entitled to the use or possession thereof.
“Operator” means each person who operates, or is in physical control of, any nonhighway vehicle.
“Dealer” means a person, partnership, association, or corporation engaged in the business of selling off-road vehicles at wholesale or retail in this state.
“Department” means the department of licensing.
“Hunt” means any effort to kill, injure, capture, or purposely disturb a wild animal or wild bird.
“Nonhighway road” means any road owned or managed by a public agency, or any private road for which the owner has granted a permanent easement for public use of the road, other than a highway generally capable of travel by a conventional two-wheel drive passenger automobile during most of the year and in use by such vehicles and that is not built or maintained with appropriations from the motor vehicle fund.
“Highway,” for the purpose of this chapter only, means the entire width between the boundary lines of every way publicly maintained by the state department of transportation or any county or city when any part thereof is generally open to the use of the public for purposes of vehicular traffic as a matter of right.
“Organized competitive event” means any competition, advertised in advance through written notice to organized clubs or published in local newspapers, sponsored by recognized clubs, and conducted at a predetermined time and place.
[Ord. C31398 § 128; Passed: 6/5/1995]
16.09.040 Use Permit Prerequisite to Operation.
Except as provided in RCW chapter 46.09, no person shall operate any off-road vehicle within this city unless the off-road vehicle has been assigned an ORV use permit and displays a current ORV tag in accordance with the provisions of RCW chapter 46.09; provided, that registration and display of an unexpired ATV use permit shall be deemed to have complied with this section.
[Ord. C31398 § 129; Passed: 6/5/1995]
16.09.050 Vehicles Exempted from ORV Use Permits and Tags.
ORV use permits and ORV tags shall be required under the provisions of this chapter except for the following:
1. Off-road vehicles owned and operated by the United States, another state, or a political subdivision thereof.
2. Off-road vehicles owned and operated by this state, or by any municipality or political subdivision thereof.
3. An off-road vehicle operating in an organized competitive event on privately owned or leased land; provided, that if such leased land is owned by the State of Washington this exemption shall not apply unless the state agency exercising jurisdiction over the land in question specifically authorizes said competitive event; provided further, that such exemption shall be strictly construed.
4. Off-road vehicles operated on lands owned or leased by the ORV owner or operator or on lands which the operator has permission to operate without an ORV use permit.
5. Off-road vehicles owned by a resident of another state that have a valid ORV permit or vehicle license issued in accordance with the laws of the other state. This exemption shall apply only to the extent that a similar exemption or privilege is granted under the laws of that state.
6. Off-road vehicles while being used for search and rescue purposes under the authority or direction of an appropriate search and rescue or law enforcement agency.
7. Vehicles used primarily for construction or inspection purposes during the course of a commercial operation.
8. Vehicles which are licensed pursuant to RCW chapter 46.16 or in the case of nonresidents, vehicles which are validly licensed for operation over public highways in the jurisdiction of the owner’s residence.
[Ord. C31398 § 130; Passed: 6/5/1995]
16.09.080 ORV Dealers – Number Plates – Violations.
1. Reserved.
2. Reserved.
3. Each off-road vehicle operated by a dealer, dealer representative, or prospective customer for the purpose of testing or demonstration shall display such number plates assigned pursuant to the dealer permit provisions in RCW chapter 46.70 or RCW 46.09.080, in a manner prescribed by the department.
4. No dealer, dealer representative, or prospective customer shall use such number plates for any purpose other that the purpose prescribed in subsection (3) of this section.
5. Reserved.
6. It is unlawful for any dealer to sell any off-road vehicle at wholesale or retail or to test or demonstrate any off-road vehicle within the city unless he has a motor vehicle dealers’ license pursuant to RCW chapter 46.70 or an ORV dealer permit number in accordance with RCW 46.09.080.
7. When an ORV is sold by a dealer, the dealer shall apply for title in the purchasers name within fifteen days following the sale.
[Ord. C31398 § 131; Passed: 6/5/1995]
16.09.090 Repealed.
Repealed.
[Ord. C31398 § 132; Passed: 6/5/1995]
16.09.120 Operating Violations.
1. It is a traffic infraction for any person to operate any nonhighway vehicle within the city:
a. In such a manner as to endanger the property of another;
b. On lands not owned by the operator or owner of the nonhighway vehicle without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others regardless of ownership;
c. On lands not owned by the operator or owner of the nonhighway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership;
d. Without a spark arrester approved by the department of natural resources;
e. Without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the “A” scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J331a, except that a maximum noise level of one hundred and five decibels on the “A” scale at a distance of twenty inches from the exhaust outlet shall be an acceptable substitute in lieu of the Society of Automotive Engineers test procedure J331a when measured:
i. At a forty-five degree angle at a distance of twenty inches from the exhaust outlet;
ii. With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer’s maximum allowable (“red line”) engine speed or where the manufacturer’s maximum allowable engine speed is not known the test speed in revolutions per minute calculated at sixty percent of the speed at which maximum horsepower is developed; and
iii. With a microphone placed ten inches from the side of the vehicle one-half way between the lowest part of the vehicle body and the ground plane and in the same lateral plane as the rear-most exhaust outlet where the outlet of the exhaust pipe is under the vehicle;
f. On lands not owned by the operator or owner of the nonhighway vehicle, upon the shoulder or inside bank or slope of any nonhighway road or highway, or upon the median of any divided street or highway;
g. On lands not owned by the operator or owner of the nonhighway vehicle in any area or in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation;
h. On lands not owned by the operator or owner of the nonhighway vehicle or on any nonhighway road or trail which is restricted to pedestrian or animal travel; and
i. On any public lands in violation of the rules and regulations of the agency administering such lands.
2. It is a misdemeanor for any person to operate any nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance.
[Ord. C31398 § 133; Passed: 6/5/1995]
Cross Reference: Rules of Court: Bail in criminal traffic offense cases – Mandatory appearance – CrRLJ 3.2.
16.09.121 Off-Street Operation of Motorcycles and Motor-Driven Cycles Prohibited.
In addition to the restrictions otherwise imposed by this chapter on nonhighway vehicles, it shall be a traffic infraction to operate any motorcycle or motor-driven cycle in the City of Spokane outside of the curbline or lateral boundary of any city street.
[Ord. C31398 § 134; Passed: 6/5/1995]
16.09.130 Additional Violations – Penalty.
No person may operate a nonhighway vehicle in such a way as to endanger human life. No person shall operate a nonhighway vehicle in such as way as to run down or harass any wildlife or animal, nor carry, transport, or convey any loaded weapon in or upon, nor hunt from, any nonhighway vehicle except by permit issued by the director of fish and wildlife under RCW 77.32.237; provided, that it shall not be unlawful to carry, transport, or convey a loaded pistol in or upon a nonhighway vehicle if the person complies with the terms and conditions of RCW chapter 9.41.
Violation of this section is a gross misdemeanor.
[Ord. C31398 § 135; Passed: 6/5/1995]
Cross Reference: Rules of Court: Bail in criminal traffic offense cases – Mandatory appearance – CrRLJ 3.2.
16.09.135 Parent or Guardian shall not Authorize or Permit Violation by a Child or Ward.
The parent of any child and the guardian of any ward shall not authorize or knowingly permit any such child or ward to violate any of the provisions of this chapter or RCW chapter 46.09.
[Ord. C31398 § 136; Passed: 6/5/1995]
16.09.136 Liability of Operator, Owner, Lessee for Violations.
Whenever an act or omission is declared to be unlawful in this chapter or RCW chapter 46.37, if the operator of the vehicle is not the owner or lessee of such vehicle, but is so operating or moving the vehicle with the expressed or implied permission of the owner or lessee, then the operator and/or owner or lessee are both subject to the provisions of this chapter with the primary responsibility to be that of the owner or lessee.
If the person operating the vehicle at the time of the unlawful act or omission is not the owner or lessee of the vehicle, such person is fully authorized to accept the citation and execute the promise to appear on behalf of the owner or lessee.
[Ord. C31398 § 137; Passed: 6/5/1995]
16.09.137 Removal and Impoundment of Nonhighway Vehicles.
Whenever a police officer arrests the operator of a nonhighway vehicle for violating any provision of this chapter, he shall be authorized to restrict the further operation of the said nonhighway vehicle by the operator and he shall be further authorized to remove and tow away said vehicle or have the same removed and towed away by a commercial towing service. In the case of such removal, the nonhighway vehicle shall be impounded in accordance with SMC 16.55.113.
[Ord. C31398 § 138; Passed: 6/5/1995]
16.09.140 Accident Reports.
The operator of any nonhighway vehicle involved in any accident resulting in injury to or death of any person, or property damage to another to an apparent extent equal to or greater than the minimum amount established by rule adopted by the chief of the Washington state patrol in accordance with RCW chapter 46.52, or a person acting for the operator, shall submit such reports as are required under RCW chapter 46.52, or the equivalent provisions of this title, and the provisions of RCW chapter 46.52, or the equivalent provisions of this title, apply to such reports when submitted.
[Ord. C31398 § 139; Passed: 6/5/1995]
16.09.190 General Penalty – Civil Liability.
1. Except as provided in RCW 46.09.120(2) and 46.09.130, or the equivalent provisions of this title, as now or hereafter amended, violation of the provisions of this chapter is a traffic infraction for which a penalty of not less than twenty-five dollars may be imposed.
2. In addition to the penalties provided in subsection 1 of this section, the owner and/or the operator of any nonhighway vehicle shall be liable for any damage to property including damage to trees, shrubs or growing crops injured as the result of travel by the nonhighway vehicle. The owner of such property may recover from the person responsible three times the amount of damage.
[Ord. C31398 § 140; Passed: 6/5/1995]
Cross Reference: Rule of Court: Monetary penalty schedule – JTIR 6.2.
16.09.200 Repealed.
Repealed.
[Ord. C31398 § 141]
Code Publishing Company
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