DRAFT FERRY COUNTY ORDINANCE NO. 2007-04 OFF ROAD VEHICLE USE WHEREAS, the Ferry County Board of Commissioners (BOCC) finds that offroad recreational vehicles (OHV S) provide opportunities for a wide variety of outdoor recreation activities; and WHEREAS, the BOCC further finds that the limited amount of OHV recreation areas presents a challenge for OHV recreational users, natural resource land managers, and private landowners; and WHEREAS, the BOCC further finds that many nonhighway roads provide opportunities for OHV use and that these opportunities may reduce conflicts between users and facilitate responsible OHV recreation; and WHEREAS, the BOCC finds restrictions intended for motor vehicles may prevent OHV use on certain roads, including forest service roads; and WHEREAS, RCW 46.09.180 allows the county legislative authority to regulate the operation of nonhighway vehicles on public lands, waters, other properties, streets, roads, highways under its jurisdiction. NOW THEREFORE BE IT ORDAINED by the Ferry County Board of Commissioners the use of Off Road Vehicles on county roads and rights of way as provided for in Ferry County Resolution NO. ; and BE IT FURTHER ORDAINED the designated Ferry County Roads and rights of way, segments of roads, and shoulder trails designated for OHV use providing access between OHV recreation areas designated in Ferry County Resolution NO., be regulated as provided for in RCW 46.09.180 and as governed by the following sections of this ordinance; Section 1, Definitions; A. An Off Highway Vehicle (OHV)shall mean a 2,3,4,or 6 wheel non highway vehicle commonly known as an ATV, UTV or off-road motorcycle, manufactured primarily for recreational non-highway all terrain use. B. Specific types of vehicles excluded from this resolution are; 1. Go carts 2. Golf Carts 3. Home made unlicensed vehicles
4. Rally Cars Section 2, Operating an Off Highway Vehicle (OHV) in Ferry County Unless otherwise specified, violation of any portion of this ordinance shall be a traffic infraction. A. OHV S operating on Ferry County roads and rights of way must comply with state requirements for registration, OHV use permits and equipment laws. B. Persons operating OHV S on Ferry County roads and rights of way must comply with all state and Ferry County laws for operating OHV S. 1. In addition to state laws, Ferry County requires operators of OHV S to be at least 16 years of age and possess a current valid driver s license. 2. OHV equipment must comply with state regulations RCW 46.09.120 as follows; a. Headlight, tail light, adequate brakes and forest service approved spark arrester. b. A DOT approved helmet is required and must be securely fastened to the operator s and passenger s head while in motion. 3. The OHV must be equipped with an adequate operating muffling device which effectively limits vehicle exhaust noise to no more than eight-six decibels on the A scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, 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 J 331 a when measured. a. At a forty-five degree angle at a distance of twenty inches from the exhaust outlet; b. With the vehicle stationary and the engine at a steady speed equal one half the manufacture s maximum allowable ( red line ) engine speed or where the manufacture s maximum allowable engine speed is unknown the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and
c. With the microphone placed ten inches from the side of the vehicle, one half way between the lowest part of the vehicle s body and the ground plan, and in the same lateral plane as the rearmost exhaust outlet, where the outlet of the exhaust pipe is under the vehicle; C. The maximum speed limit for operating an OHV on Ferry County roads and rights of way shall be 35 miles per hour (MPH) or the posted speed limit. 1. The speed limit for operating an OHV when approaching livestock, horses, horseback riders or horses being driven shall be 10 MPH. 2. The speed limit for an OHV when passing within 100 feet of an occupied dwelling on a dirt or gravel road or right of way shall be 10 MPH. 3. All OHV travel on Ferry County roads shall be single file with the head light or lights of the OHV turned on. 4. OHV travel on paved Ferry County roads shall be with two wheels of the OHV on the shoulder of the road at all times, with the head lights turned on. 5. Operators of an OHV using a paved highway shoulder trail are required to operate on the trail at all times except when crossing the highway, which shall be done at a ninety degree angle. 6. All OHV highway and road crossings will be at a ninety degree angle to the center of the road or highway being crossed. All OHVs must stop prior to crossing public or private highways or roads. OHVs will yield to all other traffic while crossing public and private highways and roads. D. It is a violation for anyone to operate any OHV on lands not owned by the operator or owner of the OHV 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. (RCW 46.09.120); E. It is a misdemeanor for anyone to operate an OHV while under the influence of intoxicating liquor or a controlled substance. (RCW 46.09.120) F. No person may operate an OHV in such a manner as to endanger human life. (RCW 46.09.130) G. No person shall operate a OHV in such a 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 OHV except by permit issued by the director of
the Washington State Department of Fish and Wildlife (RCW 77.32.237); PROVIDED, That it shall not be unlawful to carry, transport or convey a loaded pistol in or upon an OHV if the person complies with the terms and conditions of Chapter 9.41 RCW. 1. For the purposes of this section, hunt means any effort to kill, injure, capture or purposely disturb a wild animal or bird. Section 3; Penalties for violation of this Ordinance A. Violation of any section of this ordinance, known as the Ferry County OHV Ordinance, that is not a traffic infraction, is punishable by a fine not to exceed one thousand dollars. The parent or legal guardian of a child violating Section 2 (B) (1) of this ordinance, who knowingly allows a person under the age of 16 to operate an OHV in violation of this ordinance is guilty of an infraction punishable by a fine of not to exceed one thousand dollars. Section 4, Civil Liabilities A. In addition to the penalties provided in this ordinance, the owner and or operator of any OHV as described by this ordinance shall be liable for any damage to property, including but not limited to, damage to trees, shrubs, or growing crops as the result of operating an OHV. The owner of such property may recover from the person responsible three times the amount of damage. APPROVED this 16 th day of July, 2007. FERRY COUNTY COMMISSIONERS FERRY COUNTY, WASHINGTON BRAD L. MILLER, Chairman MIKE L. BLANKENSHIP, Vice Chair ATTEST: RONALD JOE BOND, Member
Joy Osterberg, Clerk of the Board