ARCHULETA COUNTY ORDINANCE ORDINANCE OF THE BOARD OF COUNTY COMISSIONERS OF THE COUNTY OF ARCHULETA, STATE OF COLORADO

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1 ARCHULETA COUNTY ORDINANCE ORDINANCE OF THE BOARD OF COUNTY COMISSIONERS OF THE COUNTY OF ARCHULETA, STATE OF COLORADO AN ORDINANCE ESTABLISHING OFF-HIGHWAY VEHICLE ROUTES, AND REGULATING THE OPERATION OF OFF-HIGHWAY VEHICLES IN UNINCORPORATED AREAS OF ARCHULETA COUNTY WHEREAS, Colo. Rev. Stat. ( C.R.S. ) (1)(f) authorizes the Board of Commissioners (the Board ) to allow, through written resolution or ordinance, the establishment of off-highway vehicle ( OHV ) routes to permit the operation of OHV on designated county roads which are not part of the state highway system; WHEREAS, C.R.S authorizes the Board to regulate the operation of off-highway vehicles on public lands, waters, and property under its jurisdiction and on streets and highways within its boundaries by resolution or ordinance; WHEREAS, State of Colorado House Bill , adopted into law on April 12, 2016, authorizes counties to require drivers of OHVs to carry liability insurance and have a driver s license; WHEREAS, designating OHV routes and regulating the operation of OHVs in Archuleta County is necessary for the health, safety, and welfare of Archuleta County citizens; and, WHEREAS, authorizing the operation of OHVs on certain county roads promotes economic development within Archuleta County and ensures the operation of OHVs on such designated roads is undertaken in a safe and prudent manner. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Archuleta County, State of Colorado as follows: Section 1. Definition. The County hereby adopts the statutory definition of OHV from C.R.S (3) as any self-propelled vehicle which is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes. "Off-highway vehicle" does not include the following: (c) (d) (e) (f) (g) Vehicles designed and used primarily for travel on, over, or in the water; Snowmobiles; Military vehicles; Golf carts; Vehicles designed and used to carry individuals with disabilities; Vehicles designed and used specifically for agricultural, logging, or mining purposes; or Vehicles registered pursuant to article 3 of title 42, C.R.S. Section 2. Designation of Routes. Subject to regulations and restrictions hereinafter set forth, Archuleta County hereby authorizes and allows OHVs to operate on the County Roads designated on the OHV map, attached hereto as Exhibit A and incorporated herein by this reference. County Roads designated for OHV use shall be referred to herein as OHV routes. The OHV map shall be published on the County website. All County Roads designated as OHV routes and open for OHV use shall be identified by signage placed on such County Roads by the Archuleta County Road and Bridge Department. Certain County Roads on which

2 OHV use is not allowed or authorized may also be identified by signage prohibiting OHV use. Section 3 Restrictions and Prohibited Acts Section 3.01 Any person operating an OHV in the unincorporated areas of Archuleta County shall comply with all rules and regulations applicable to such vehicles adopted by the State of Colorado and or the Federal Government, including but not limited to Article 14.5 of Title 33, C.R.S. Section 3.02 It shall be a violation of this Ordinance for any person to operate an OHV on a County road or right-of-way not designated in Section 2 for OHV use. Section 3.03 On County roads, OHVs shall not exceed 30 miles per hour or the posted speed limit, whichever is less. Section 3.04 OHVs operating on County roads shall be equipped with one lighted head lamp and one lighted tail light, each having the minimum candlepower prescribed by regulations of the Colorado Division of Parks and Wildlife while being operated between the hours of sunset and sunrise. Section 3.05 Any person operating an OHV on a County road pursuant to this Ordinance must have in their possession a valid state issued driver s license and be at least 16 years of age. Section 3.06 The OHV operating on designated County roads must be registered with the Colorado Division of Parks and Wildlife. Section 3.07 Any person operating an OHV in unincorporated Archuleta County upon an OHV route shall carry liability insurance pursuant to Title 33, Article 7, C.R.S. where the minimum coverage limits, according to C.R.S , are $25,000 to any one person in any one accident, and $50,000 to all persons in one accident, and property damage a minimum of $15,000 in one accident. Section 4 Required Safety Protection and OHV Equipment Standards Section 4.01 Eye Protection. A person shall not drive an off-highway vehicle on a designated County road unless the person and any passenger are wearing goggles or eyeglasses with lenses made of safety glass or plastic; except that a driver or passenger need not wear safety glass or plastic if the person is wearing a helmet containing eye protection made of safety glass or plastic or driving an off-highway vehicle with a windshield. Section 4.02 Protective Helmets. (1) Requirements for People Under Eighteen. To drive or be a passenger on an all-terrain vehicle or two-wheeled vehicle on a road, a person under eighteen years of age shall wear a protective helmet that conforms to subsection (2) of this section and that is secured properly on the person's head with a chin strap. (2) Helmet Standards. A protective helmet required by this section must: (c) Be designed to reduce injuries to the user resulting from head impacts and protect the user by remaining on the user's head, deflecting blows, resisting penetration, and spreading the force of impact; Have a lining, padding, and chin strap; and Meet or exceed the standards established in the United States Department of Transportation's Federal Motor Vehicle Safety Standard no. 218, 49 CFR , for motorcycle helmets. Section 4.03 OHV Equipment Requirements. A person shall not drive an off-highway vehicle on a designated County road unless the vehicle is equipped with the following in good working order: Brakes. Brakes that enable the operator to make the wheels skid on dry, level, and clean pavement; If driven at night: (i) A head lamp aimed and sufficiently intense to reveal persons and vehicles at a distance of one hundred feet ahead on a straight, level road; and (ii) A tail light that emits a red light when the head lamp is lighted and that is: Visible from a distance of five hundred feet to the rear; Mounted on the rear of the vehicle; and (c) Located at a height of not more than seventy-two inches above the ground nor

3 (iii) less than twenty inches above the ground. High Beam. If an off-highway vehicle has a head lamp with a higher and lower beam, the driver shall not operate the higher beam or the head lamp to strike the eyes of the driver of an approaching vehicle. Section 5 Limitations. This Ordinance does not authorize or designate the use of OHV s on lands, roads or trails under the jurisdiction of municipalities or state or federal agencies or on other lands or roads not under the jurisdiction of Archuleta County as set forth in Section 1. Nothing in this Ordinance shall prohibit the use of OHVs for agricultural purposes on any public road. Section 6 Enforcement. The Archuleta County Sheriff and Undersheriff and deputies are hereby charged with the duty to enforce the provisions of this Ordinance pursuant to C.R.S Section 7 Penalties. The following penalties shall apply to this ordinance: Section 7.01 Pursuant to the provisions of C.R.S , any person who violates the provisions of this Ordinance commits a class 2 petty offense, and upon conviction thereof, shall be punished by a fine of not more than one-thousand dollars ($1,000) for each separate violation. Section 7.02 The penalty assessment procedures set forth in C.R.S , may be followed by the apprehending peace officer for any person charged with a first or second violation of this Ordinance. The penalty assessment procedures set forth in C.R.S shall not apply to persons charged with violating this Ordinance three or more times within one year. If the person given a penalty assessment notice chooses to acknowledge guilt, he may pay the specified fine in person or by mail at the place and within the time specified in the notice. If the person given a penalty assessment notice chooses not to acknowledge guilt, he shall appear as required in the notice. Upon trial, if the alleged offender is found guilty, the fine imposed shall be that specified in the notice for the offense of which he was found guilty, but customary court costs may be assessed against him in addition to the fine. The Board adopts the following graduated fine schedule to be applied as the penalty assessment for violations of this Ordinance: 1. For the first violation, a fine of $ For a second violation by the same person within a period of one year, a fine of $ For a third or any subsequent violation by the same person within a period of one year, the apprehending peace officer shall issue a summons requiring the person to appear in Archuleta County Court. Section 7.03 In addition to the penalties prescribed herein, a surcharge of ten dollars ($10.00) shall be paid to the clerk of court by the defendant. Each clerk shall transmit the moneys to the court administrator of the judicial district in which the offense occurred for credit to the victims and witnesses assistance and law enforcement fund established in that judicial district pursuant to C.R.S Section 7.04 Pursuant to C.R.S , all fines, penalties, and/or forfeitures imposed for the violation of this Ordinance, but not any surcharge imposed by the Court upon conviction pursuant to C.R.S , shall be paid to the Archuleta County Treasurer within thirty (30) days of the Court s receipt of any such fines, penalties, and/or forfeitures. Unless otherwise provided by law, the Archuleta County Sheriff shall be the designated recipient of all fines, penalties, and surcharges to be processed for payment to the Archuleta County Treasurer. Section 7.05 Pursuant to C.R.S , the Archuleta County Court shall have jurisdiction in prosecutions of violations of this Ordinance. The simplified county court procedures set forth in part 1 of article 2 of Title 16 Colo. Rev. Stat., and the penalty assessment procedures set forth in part 2 of said article shall be applicable to the prosecutions of alleged violations of this Ordinance. Any summons and complaint brought in the Archuleta County Court for the alleged violation of this Ordinance shall be filed in the name of Archuleta County, CO, by and on behalf of the People of the State of Colorado, and any process issued by the

4 Archuleta County Court in such proceedings shall be likewise so denominated. Section 7.06 Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other federal, state, or local law, rule, order or regulation. Section 7.07 Pursuant to C.R.S , all suits for the recovery of any fine and prosecutions for the commission of any offense made punishable under this Ordinance shall be barred if not commenced within one year after the commission of the alleged offense. Section 8 Validity. If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not affect the validity of remaining portions of this Ordinance. The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 9 Repeal. Existing or parts of ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of this Ordinance inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. Section 10 Safety. The adoption of this Ordinance is in the best interest, safety and welfare of the citizens of and visitors to Archuleta County. Section 11 Certification. The County Clerk shall certify to the passage of this Ordinance and make not less than three copies of this adopted Ordinance available for inspection by the public during regular business hours. Section 12 Publication and Effective Date. The foregoing text is the authentic text of Ordinance The first reading of said Ordinance took place on Tuesday, July 17, 2018 at a regular Board of County Commissioners Meeting. It was published in full in the Pagosa Sun on July 26, The Ordinance was adopted on second reading at a regular Board of County Commissioners Meeting on August, 2018 and shall take effect on, NOW, THEREFORE. BE IT ORDAINED by the Board of County Commissioners of Archuleta County, State of Colorado, together with other elected officials of Archuleta County, as set forth below by signature, as follows: DATED this day of, 2018 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, STATE OF COLORADO Clerk to the Board By: Chairperson Upon motion duly made and seconded the forgoing Ordinance was adopted by the following vote: Steve Wadley Aye Michael Whiting Aye Ronnie Maez Aye Commissioners

5 CERTIFICATE AND ATTESTATION STATE OF COLORADO ) ) ss. COUNTY OF ARCHULETA ) I, June Madrid, Archuleta County Clerk & Recorder, and Clerk to the Board of County Commissioners of Archuleta County, Colorado, certify and attest as follows: 1. Ordinance was introduced and read at a regular meeting of the Board of County Commissioners on July 17, A copy of Ordinance in its original form is attached as Exhibit B. 2. Ordinance was published in full in its original form on July 26, 2018 in The Pagosa Sun which is a newspaper of general circulation in Archuleta County, Colorado. 3. Ordinance , in its original form, was adopted by the Board of County Commissioners of Archuleta County on, Ordinance , as adopted, was published by title in accordance with the requirements of , C.R.S, as amended, on the day of, 2018, in The Pagosa Sun which is a newspaper of general circulation in Archuleta County, Colorado. June Madrid Archuleta County Clerk & Recorder Clerk to the Board of County Commissioners of Archuleta County SUBSCRIBED AND SWORN before me this day of, 2018 June Madrid, Archuleta County Clerk & Recorder, Clerk to the Board of County Commissioners of Archuleta County. MY COMMISSION EXPIRES: Notary Public Address of Notary Exhibit A: Map of Archuleta County Roads where OHV use is allowed & prohibited Exhibit B: Copy of Ordinance in its original form