Town Of Mount Holly Ordinance All-Terrain Vehicle Regulations

Town Of Mount Holly Ordinance

All-Terrain Vehicle Regulations

Authority
Under the authority granted in Vermont Title 24 V.S.A. Chapter 59, 24 V.S.A Section 2291 (4) and Vermont Title 23 V.S.A. Chapter 31, Section 3510, the Select Board of the Town of Mount Holly hereby adopts the following civil ordinance regulating the time, manner and location of operation of all-terrain vehicles within the town. This ordinance and accompanying regulations are adopted as a supplement to and not a substitute for any Vermont statutes and regulations pertaining to all-terrain vehicles.
Purpose
The purpose of this ordinance is to allow Mount Holly residents, landowners, and their guests, who have the appropriate permission to travel on private land, limited approval for their all terrain vehicles to travel on identified and approved town highways (or sections of highways), to connect to other private property, while protecting the health and safety of all vehicle operators, residents, animals, property and the environment.
Definitions
This ordinance will adopt the definitions of “All-Terrain Vehicle” or “ATV” and “Operate” as defined in Vermont Title 23 V.S.A. Chapter 31 section 3501.
Operation Requirements
The requirements below must be strictly adhered to when operating an all-terrain vehicle on town highways. Any violations will revoke the permission from the Town of Mount Holly to operate an all-terrain vehicle on the town highways and the applicable State laws will apply.
1) All-terrain vehicles must be registered and operated in accordance to the requirements of Vermont Title 23 V.S.A. Chapter 31.
2) All-terrain vehicles may only be operated on town highways when they are not posted for weight restrictions. Agricultural use is exempt from this restriction.
3) All-terrain vehicles may only be operated on town highways from one hour before sunrise to one hour after sunset.
4) All-terrain vehicles may only be operated on sections of town highways that have been
designated and approved by the Select Board.
5) All traffic control devices apply to the operation of all-terrain vehicles.
6) All-terrain vehicles on the town highway will travel to the far right side, single file, at a spee not to exceed 20 miles per hour.
7) The operator of an all-terrain vehicle being operated on a town highway will yield right of way to all other vehicle and pedestrian traffic including but not limited to bicyclist
and horses.
8) The operator of an all-terrain vehicle being operated on a town highway must possess a
valid motor vehicle operator’s license.
9) An all-terrain vehicle being operated on a town highway must be covered by a liability insurance policy.
10) The operator of an all-terrain vehicle being operated on a town highway must properly wear a D.O.T. approved helmet.
Highway Approval Process
1) All-terrain vehicles will only be allowed to travel on town highways (or sections of
highways) approved by the Select Board.
2) Each highway (or section of highway) will require someone to volunteer to act as a
contact person for the highway and will be responsible for the following:
A. Submission of the permission application to the ATV Liaison. The application will
include address and contact information of the contact person.
B. Purchase and post the required signage at both ends of the area opened for all terrain vehicle travel. Only those signs approved by the Select Board will be allowed.
C. Assist local law enforcement investigating violations of this ordinance when possible.
3) The ATV Liaison(s) will be appointed by the Select Board and will be responsible for:
A. Reviewing permission applications for completeness and compliance.
B. Verifying that the approved signage is properly posted (once approved).
C. Posting notice of highways to be opened in the Chit Chat and News Flash to allow residents to comment on the opening of the highway.
D. Making recommendations to the Select Board on the approval decision.
E. Receiving complaints and concerns related to the ordinance from residents and attempting to address them.ATV Ordinance Dec 2014 Page 3 of 5
F. Reporting to the Select Board when requested.
4) The Select Board reserves the right to allow or deny permission to operate an all-terrain vehicle on any town highway (or section of highway). The Select Board reserves the right to rescind any or all permissions to operate an all-terrain vehicle on town highways at any time.
Enforcement
This is a civil ordinance and shall be enforced by a constable/sheriff/police officer or any person(s) duly appointed by the Selectboard as an issuing Municipal Officer through the Judicial Bureau in accordance with the provisions of 24 VSA Chapter 59.
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.
Effective Date
This ordinance shall become effective 60 days after its adoption by the Mount Holly Select Board. If a petition is filed under 24 V.S.A Section 1973, that statute shall govern the taking effect of this ordinance.
Signatures
_____________________________________
James Heald
_____________________________________
Raymond Tarbell
______________________________________
Tim Martin


ATV Ordinance Dec 2014 
Adoption History
1) Agenda item at regular meeting held on _________________
2) Read and approved at regular Select Board meeting on ______________ and entered in the minutes of that meeting which were approved on___________.
3) Posted in public places on _____________.
4) Notice of adoption published in _______________ newspaper on _____________ with a notice of the right to petition.
5) Other actions (petitions, etc.).ATV Ordinance Dec 2014
All-Terrain Vehicle Town Highway Permission Application
Town Highway You Are Requesting Permission To Operate An All-Terrain Vehicle On:
_________________________________________________________________
Starting And Ending Locations On The Above Highway:
_________________________________________________________________
Requestor’s Contact Information:
Name:__________________________________________________________
Address:________________________________________________________
Telephone:_______________________________________________________
Email Address:____________________________________________________
By signing this application you affirm that the approved signage will be appropriately placed (once approved) and agree to be a contact for local law enforcement investigating complaints of violations of the Mount Holly All-Terrain Vehicle Ordinance.
Signed:___________________________________ Date:_______________________
Approved by the Town of Mount Holly Select Board on

_____________________________________
James Heald
_____________________________________
Raymond Tarbell
_____________________________________
Tim Martin