HomeMy Public PortalAboutOrdinance 477 Amending Chapter 8 Authorizing Operations of Utility Terrain Vehicles TOWN OF FRASER
ORDINANCE NO. 477
SERIES 2020
AN ORDINANCE AMENDING CHAPTER 8 OF THE FRASER TOWN CODE
ESTABLISHING REGULATIONS TO AUTHORIZE THE OPERATION OF UTILITY
TERRAIN VEHICLES UPON THE STREETS AND ALLEYS OF THE TOWN OF
FRASER.
WHEREAS, the Town Board received a request to allow Utility Terrain Vehicles on the
streets and alleys of the Town of Fraser and has determined that it's in the best interest
of the Town of Fraser to permit such use.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF MUNICIPAL CODE.
Chapter 8 (Vehicles and Traffic), Article 4 of the Fraser Municipal Code (herein sometimes
referred to as the "Municipal Code") are hereby amended as follows [Note: additions are shown
in bold underlined print; deletions are shown as strikethfeugh print]:
Article 4 - Utility Terrain Vehicles
Sec. 8-4-10. - Purpose: It is the purpose of this chapter to regulate the conduct of Utility
Terrain Vehicle activities on the streets of the Town of Fraser, Colorado and to secure the
safety of the public thereon.
Sec. 8-4-20. - Definitions
The following terms used in this chapter have the following meanings unless the context
clearly indicates otherwise:
"Utility Terrain Vehicle" or "UTV" means any commercially manufactured self-propelled
vehicle which is designed to travel on four wheels 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 and which has the
following equipment:
(a) Steering wheel,
(b) Taillight, brake light, two headlights, and side reflectors
(c) Foot pedals for braking and acceleration
(d) Seat belts for each occupant.
(e) Horn or other audible warning device
(f) Rear-View Mirror
(g) Roll bar or similar structural system or device
"Utility Terrain Vehicle" does not include the following:
(a) Snowmobiles, military vehicles, golf carts or golf cars; vehicles designed and used to
carry individuals with disabilities; vehicles designed and used specifically for
agricultural, lopping, or mining purposes.
(b) Any Off-Highway Vehicle or "OHV" as defined by CRS 42-6-102(11.5) that uses
handlebars for steering and acceleration, or which has a seat that is designed to be
straddled.
(c) Any vehicle with tracks, skis, or skids, or more than four wheels.
Sec. 8-4-30. - Utility Terrain Vehicle Operation Requirements
Utility Terrain Vehicles shall not be operated on streets within the town of Fraser unless
the following requirements are met.
(a) The UTV has been registered and numbered with the Colorado Division of Parks and
Wildlife in accordance with Article 14.5 of Title 33 of the Colorado Revised Statutes.
Such registration shall be current and valid.
(b) No person shall operate a UTV on the public streets without a valid Driver's License
issued by the State of Colorado or another state. A "learners permit" or "instructional
permit" is not considered a valid Driver's License.
(c) Any person operating a UTV must possess valid liability insurance as defined by
Chapter 14, Article 4 of Title 42 of the Colorado Revised Statutes.
(d) A helmet is required to be worn by any passenger under 16 years of age.
Sec. 8-4-40. - Restrictions on UTV Operation
(a) UTVs may only cross U.S. Highway 40 at the intersection of CR 804/CR72.
(b) No UTV may operate on U.S. Highway 40 (Zerex Street).
(c) No UTV may operate on any publicly maintained trail.
(d) No UTV may operate on any private road or property without permission of the
property owner.
Sec. 8-4-50. - Enforcement
(a) Operation of UTVs upon the streets, as herein provided, shall be subject to all
applicable provisions of the laws of the State of Colorado or the Model Traffic Code
as adopted by the Town of Fraser.
(b) The Town Manager may revoke any person's authority to operate a UTV on the Public
Streets with just cause. Such period of revocation shall be effective for a period of 12
months.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town
of Fraser covering the same matters as embraced in this Ordinance are hereby
repealed and all ordinances or parts of ordinances inconsistent with the provisions of
this ordinance are hereby repealed; provided, however, that such 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.
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PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this
Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this Ordinance.
The Town of Fraser hereby declares that it would have adopted this Ordinance, and
each section, subsection, clause or phrase thereof, irrespective of the fact that any one
or more sections, subsections, sentences, clauses and phrases thereof be declared
invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
PART 5: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 4th DAY OF MARCH, 2020.
Votes in favor: 7 BOARD OF TRUSTEES OF THE
Votes opposed: 0 TOWN FRASER, CO ,•RADO
Votes abstained: 1
BY: G
o\1‘'N OF F�s<<' Philip Vandernail, Mayor
SEAL CLACrcril YY\
( S L ) ATTEST:
c o Antoinette McVeigh, Town Clerk
�CORA�
Published in the Middle Park Times on March 12, 2020.
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