OHV Ordinance changes

Summary:      A proposed ordinance amending Title 6, Chapter 12, Section 5 pertaining to “Off Highway Vehicles” by removing Section 5(A)(1) and (B) permitting drivers with instruction permits and minors under the age of 16 with adult supervision to operate Off Highway Vehicles within city limits.

Title:

An Ordinance amending Title 6, Chapter 12, Section 5 pertaining to “Off Highway Vehicles” by removing Section 5(A)(1) and (B) permitting drivers with instruction permits and minors under the age of 16 with adult supervision to operate Off Highway Vehicles within city limits.

Whereas,      NRS 268.001 establishes the City’s authority to regulate matters of local concern;

Whereas,      NRS 266.105 empowers the Ely City Council to pass ordinances necessary for the municipal government and the management of the affairs of the City, for the execution of all powers vested in the City, and for making effective the provisions of Chapter 266 of the Nevada Revised Statutes;

Whereas,      Chapter 490 of the Nevada Revised Statutes promulgates certain regulations and restrictions on the operation of Off Highway Vehicles (“OHV”);

Therefore, pursuant to the above and in the best interest of the citizens of Ely, the City Council of the City of Ely, State of Nevada, does hereby amend, adopt and otherwise ordain the following to Title 12 of the Ely City Code:

6-12-5: RESTRICTIONS:

1. The operator of an OHV or UTV that is being driven on a road or highway pursuant to this chapter shall:
2. Possess a valid driver’s license specific to the type of OHV or UTV the operator is driving.
3. Ensure that the registration of the OHV or UTV is attached to the vehicle in accordance with NRS 490.083 or a special plate issued pursuant to NRS 490.0827 is attached to the vehicle. Failure to have the required registration shall result in a fine consistent with the failure to have a motor vehicle registered.
4. Possess proof of liability insurance covering the OHV or UTV the operator is driving which meets the requirements of NRS 485.185.
5. Wear a helmet. The penalty for failing to wear a helmet shall be the same as that of a motorcyclist who fails to wear a helmet.
6. Comply with all traffic laws of this State and/or the city.
7. OHV use on city streets shall be restricted to thirty (30) minutes before sunrise through thirty (30) minutes after sunset, regardless if OHV is equipped with proper lighting, plated, and insured.
8. OHVs shall be restricted to use within the City of Ely only for purposes of accessing trail heads and public lands by way of the approved OHV routes designated in 6-12-2.
9. Speed Restriction: It is unlawful for OHVs to travel in excess of fifteen (15) miles per hour when operating at any time within the City of Ely. Plated and insured UTVs shall be restricted to posted speed limits within the City of Ely.
10. Required equipment for operation on highway; exception:
11. Except as otherwise provided in subsection 2. and in addition to the requirements set forth in this chapter and NRS 490.070, a person shall not operate an off-highway vehicle on a highway pursuant to this chapter and NRS 490.090 to 490.130, inclusive, unless the off-highway vehicle has:
12. At least one (1) headlamp that illuminates objects at least five hundred feet (500′) ahead of the vehicle;
13. At least one (1) tail lamp that is visible from at least five hundred feet (500′) behind the vehicle;
14. At least one (1) red reflector on the rear of the vehicle, unless the tail lamp is red and reflective;
15. A stop lamp on the rear of the vehicle; and
16. A muffler which is in working order and which is in constant operation when the vehicle is running.
17. The provisions of paragraphs a. and b. of subsection 1. do not apply to an off-highway vehicle which is operated during daylight hours on a road or highway designated by the City of Ely in section 6-12-2 for the operation of the off-highway vehicle without at least one (1) headlamp specified in paragraph a. of subsection 1. or without at least one (1) tail lamp specified in paragraph b. of that subsection. (Ord. 725, 2-13-2020)

Severability. If any section, paragraph, clause or provision of this ordinance shall be held to be invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this ordinance.

Repeal of Conflicting Ordinances. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed.

Effective Date. This ordinance shall become effective on August 22, 2024.

Proposing Party. The foregoing ordinance was proposed by City Police Chief Scott Henriod at the regular meeting of the Ely City Council on June 27, 2024, read by title and referred to the City Council of the City of Ely as a committee of the whole.

Notice. Notice of filing of such ordinance was duly given by publication as required by law. It was read in full at the regular meeting on July 25, 2024, and adopted by the following vote:

            VOTE:                                                           AYES                 _________ 5________

                                                                                    NAYES               _________0________

                                                                                    ABSTENTIONS _________0________

Have a question or need assistance? Please contact us at 775-289-2430 or send us a quick email.