Section 1. Authority. Under authority granted in 24 V.S.A Chapter 59, 24 V.S.A. §§ 2291(1), (4), 23 V.S.A. § 3506, and 23 V.S.A. § 3510, the Selectboard of the Town of Whiting hereby adopts the following civil ordinance regulating the time, manner, and location of operation of all-terrain vehicles within the town.
Section 2. Purpose. The purpose of this Ordinance is to promote and protect the health and safety of operators of all-terrain vehicles, and of the residents of the Town and to protect the animals, property, and environment of the Town.
Section 3. Definitions.
a.. "All-terrain vehicle", or "ATV", means any non-highway recreational vehicle,
except snowmobiles, having no less than three low pressure tires (10 pounds per square inch, or less), not wider than 72 inches with permanent, full-time power to all wheels, and having a dry weight of less than 2,500 pounds, 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 natural terrain. An ATV on a public highway shall be considered a motor vehicle. An ATV does not include an electric personal assistive mobility device, a motor-assisted bicycle, or an electric bicycle.
b. "Operate" includes any attempt to operate and shall be construed to cover all matters and things connected with the presence and use of all-terrain vehicles within the Town whether they be in motion or at rest.
c. Other definitions found in 23 V.S.A. § 3501 are incorporated herein by reference.
Section 4. Operation of ATVs.
a. All ATVs must be registered and operated according to the requirements of 23 V.S.A. § Chapter 31.
b. All ATVs operating on Town highways must have proof of liability insurance in accordance with 23 V.S.A. Chapter 11.
c. ATVS shall not be operated on public bike paths or hiking trails or on V.A.S.T. snowmobile trails.
d. ATV operators must be individuals 16 years of age or older with a valid driver's license.
e. ATVs shall not be operated on private property without written permission of the property owner.
f. All posted speed limits and traffic control devices on Town highways shall apply to the operation of ATVs. Notwithstanding the above, (i) no person shall drive an ATV on a public right of way at a speed greater than is reasonable and prudent under the conditions, having regard to the actual and potential hazards existing, and (ii) no ATV shall be driven faster than 40 miles per hour on Leicester-Whiting Road or Shoreham-Whiting Road. In every event, speed shall be controlled as necessary to avoid collision with any person, vehicle, bicycle, ATV, or other object on or adjacent to the highway.
g. The operator of every ATV shall drive at an appropriate reduced speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding road and when a special hazard exists with respect to pedestrians or other traffic by reason of weather or trial conditions.
h. ATVs shall be operated in a safe manner on Town highways and shall obey all traffic regulations that apply to other motor vehicles permitted on the Town highways. All ATVs shall yield the right of way to all motor vehicles, pedestrians, bicyclists, and horse riders using the highways. All ATVS must be operated on the far right of the highway when operating on a public highway.
i. ATV operators shall also comply with all state statutes governing their operation.
j. ATVS may not be operated on Town roads between 9 p.m. and 7 a.m. Monday through Friday and between 10 p.m. and 8 a.m. Saturdays and Sundays.
k. ATVs must be equipped with at least one headlight having a minimum c candlepower of sufficient intensity to reveal persons and objects at a distance of at
least one hundred feet under normal atmospheric conditions during hours of darkness.
I. ATVS must be equipped with at least one red taillight having a minimum candlepower of sufficient intensity to be plainly visible from a distance of five hundred free to the rear under normal atmospheric conditions during hours of darkness.
m. ATVs operating during hours of darkness must display a white lighted headlight and red taillight. The lights shall be in operation during the period of from one-half hour after sunset and at any time when, due to insufficient light or unfavorable atmospheric conditions caused by fog or otherwise, other person, vehicles and other objects are not clearly discernible for a distance of five hundred feet ahead.
n. Any Town highway that is open to ATVs under this Ordinance must be posted with appropriate signage prior to operation of ATVs on such highway. These signs shall be approved by the Whiting Selectboard and funded, posted, and maintained by a private ATV club or association designated by the Selectboard. The Selectboard shall have the right, at any time, to revoke the designation and designate a new club or association to carry out these responsibilities. All ATVs operating on Town highways must not have a modified exhaust.
p. Where ATV travel on Town highways is permitted, such travel shall be single file. No racing shall be allowed.
q. Large groups travelling on town roads must sub-divide to smaller groups of four ATVs or less and space themselves to avoid congestion and reduce noise and dust.
r. Except as otherwise provided in Section 10, all ATVs may be operated on the following Town highways:
i. Barnes Road
ii. Bilodeau Road
iii. Galvin Road
iv. Gibeault Road
v. Leicester-Whiting Road
vi. Murray Road
vii. North Road
viii. Sawyer-Needham Road
ix. Shoreham-Whiting Road
x. Stickney Road
xi. West Road
s. ATVs may not be operated on the following Town highways:
i. Crosby Road
ii. Cutting Hill Road
iii. Vail Road
t.. ATVS may not be operated in cemeteries
.
u.. No loaded long guns may be carried on an ATV.
Section 10. Suspension by Selectboard. If the Whiting Selectboard determines that the operation of ATVs on any Town highway is creating a public nuisance or is otherwise interfering with the safety or welfare of residents or visitors to the Town, the Selectboard may suspend the public's right to operate ATVS on any or all Town highways and direct the removal of signage permitting ATVs from such highways unless and until the suspension is lifted by the Selectboard.
Section 11. Other Laws. This Ordinance is in addition to all other ordinances of the Town and all applicable laws of the State of Vermont. All ordinances or parts of ordinances, resolutions, regulations, or other documents inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
Section 12. Severability. If any section of this ordinance is held by a court of competent jurisdiction to be invalid, such finding shall not invalidate any other part of this Ordinance.
Section 13. Effective Date. This Ordinance shall take effect 60 days after its approval by the Selectboard, except that if a petition is filed under 24 V.S.A. § 1973, that statute shall govern the effective date of this Ordinance. This Ordinance shall remain in effect until one year from its effective date, at which time it shall expire unless the Whiting Selectboard votes to enact a new or modified version of this Ordinance.
Committee Members
Jennifer Erwin
Jenna Quenneville
Justin Quenneville
Steve Quinn
Selectboard Members
Marcia King
Steve Quenneville
Bob Wood
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