Codes & Ordinances

NEW ATV Ordinance adopted 10-14-2008

 
MONROE CITY ORDINANCE 10-01-2008
Repealing Monroe City Ordinance 6-02-2000
 
AN ORDINANCE ADOPTING BY REFERENCE
THE UTAH OFF-HIGHWAY VEHICLE ACT
(TITLE 41 CHAPTER 22, UTAH CODE)

PREAMBLE

WHEREAS, The Monroe City Council desires to repeal Monroe City Ordinance 6-02-2000, an ordinance adopting by reference the Utah Off-Highway Vehicle Act, citing a need to update the city’s regulations to incorporate the changes to the Utah Code effective October, 2008.

WHEREAS, The Sevier County Sheriff’s Office is charged with the enforcement of regulations and laws relating to off-highway vehicles within Monroe City; and

WHEREAS, in the course of the Sheriff’s enforcement duties it is often necessary to cite individuals for violations of the various state rules regulating the use and operation of off-highway vehicles; and

WHEREAS, Monroe City desires for violators to be cited for city ordinance violations rather than state code violations;

NOW THEREFORE, be it ordained by the Monroe City Council as follows:

Section 1. Adoption of the Utah off-highway vehicle Code, Rules and Regulations.
The Rules and Regulations contained in Utah Code Annotated Title 41, Chapter 22, as amended, are hereby adopted as the off-highway vehicle code of Monroe City to the same extent and effect as though said Title, Chapters, Sections and Rules were set forth in full. Any provisions of Title 41 Chapter 22 providing a penalty greater than a Class B misdemeanor, or not relating to criminal or administrative sanctions, are not incorporated as part of this ordinance.
 
Section 2. Amendments.
In order to assure continuing uniformity between the Utah off-highway vehicles Rules and Regulations and the Monroe City off-highway vehicles Rules and Regulations, as required by UCA 41-22-18, this Ordinance will include any and all periodic amendments to the State Rules and Regulations, Title 41 Chapter 22 after the effective date of this title, made by the Utah State Legislature or by the Utah Department of Natural Resources. .
 
Section 3. Local designation of OHV routes.
Monroe City desires to designate all city streets within the corporate limits as approved OHV routes as allowed by Utah Code 41-22-10.5. OHV’s shall not be operated on shoulders of the roads or in ditches.
 
Section 4. Supervision, Safety Certificate or Driver License Required.
A person may not operate and an owner may not give permission to operate an off-highway vehicle on the streets of Monroe unless:

(1) The operator who is under 16 years of age is to be under the direct visual supervision of an adult who is at least 18 years of age while using a route designated under Section (3). (2) This does not apply to off-highway implements of husbandry used in accordance with Utah Code Section 41-22-5.5.

Section 4. Effective Date.
This ordinance shall become effective immediately upon adoption, posting and publication of a summary in the Richfield Reaper as provided in Section 10-3-711, Utah Code annotated.

ADOPTED BY THE CITY COUNCIL OF MONROE, UTAH THIS 14TH DAY OF OCTOBER, 2008.

CITY OF MONROE

BY:____ss__________________________

R. Kirt Nilsson, Mayor

Attest:

_______ss______________________

Emalee H. Curtis, City Recorder

AFFIDAVIT OF POSTING AND PUBLICATION

I, Emalee H. Curtis, the duly appointed Recorder for the City of Monroe, a municipal corporation of the State of Utah, hereby certify that copies of the foregoing Ordinance 10-01-2008, Designation of OHV Routes and Operation of Off-Highway Vehicles on streets and roadways within Monroe City were posted at three public places within the municipality this 7th day of October, 2008, which public places are:

1. Monroe City Office
2. Monroe City Library
3. Crisp Grocery

I also certify that a summary of the proposed ordinance was published in the Richfield Reaper on October 22, 2008.

Dated this 7th day of October, 2008

Emalee H. Curtis

Monroe City Recorder

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