Saturday, November 26, 2016

Town Of Mount Holly Ordinance All-Terrain Vehicle Regulations PROPOSED

Town Of Mount Holly Ordinance All-Terrain Vehicle Regulations
PROPOSED 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. “Active Farming” is to be defined as anyone engaging in the cultivation and harvesting of crops, hay, vegetables or trees bearing edible fruit; the raising of livestock, poultry, fish, bees or Equines; the harvesting of maple sap and the production of maple syrup; and the management and harvesting off forest lands enrolled in the Use Value Appraisal Program (UVA) also known as Current use. “Gravel Road” is to be defined as any Town Highway or portion thereof, which Is not paved, and is maintained as a traveled road. 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 allterrain 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 sections of Town highways that have been designated and approved by the Select Board. 3) All traffic control devices apply to the operation of all-terrain vehicles. ATVs shall obey all traffic regulations that apply to other motor vehicles permitted on Town highways. ATV Ordinance Dec 2016 Page 2 of 3 4) All-terrain vehicles on the Town highway will travel to the far right side, single file, not be operated at a speed greater than is reasonable, safe and prudent under the conditions, having regard for the actual and potential hazards there existing. In every event, speed shall be controlled as necessary to avoid collision with any person, vehicle, snowmobile, ATV, or other object on or adjacent to the highway. 5) The operator of an ATV shall drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when travelling on any narrow portions of the highway and when a special hazard exist with respect to pedestrians or other traffic by reason of weather or road conditions. 6) 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. 7) ATVs used in active farming must display a slow moving vehicle sign on the rear of the machine. 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) 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. 3) The Select Board reserves the right to add or remove any and all roads from the “Allowed Highways” section of this ordinance at any time. Allowed Highways 1) All Class 4 roads within the Town of Mount Holly. 2) All gravel roads within the Town of Mount Holly 3) Any road, with the exception of State highways, when the ATV is being used solely for the purpose of active farming. Enforcement This is a civil ordinance and shall be enforced by a constable/sheriff/police officer or any person(s) duly appointed by the Select Board 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. ATV Ordinance Dec 2016 Page 3 of 3 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 _____________________________________ Edward (Ted) Crawford _____________________________________ Raymond Tarbell _____________________________________ Tim Martin 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.).

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