Off Highway Vehicle Regulations

TOWN OF LAKE CITY

BOARD OF TRUSTEES

ORDINANCE NO. 2025-03

AN ORDINANCE AMENDING TOWN CODE SECTION 20-77 REGARDING OHVS

WHEREAS, the Board of Trustees of the Town of Lake City, Colorado (the "Board"),

pursuant to Colorado Statute is vested with the authority of administering the affairs of the Town

of Lake City, Colorado (the "Town"); and

WHEREAS, the Town of Lake City Town Municipal Code (the "Code") sets forth,

among other things regulations to promote public health, safety, and general welfare of the Town

and its citizens; and

WHEREAS, the Town currently has regulations regarding electric carts, commonly

known as golf carts, which the Board desires to remain in place; and

WHEREAS, the Town is a popular tourist destination, especially in the summer months,

for outdoor enthusiasts, including many motorized users of off highway vehicles (hereinafter

"OHV s"); and

WHEREAS, the Board believes that because OHV regulation is largely done in

coordination and cooperation with Hinsdale County it is critical to have the County and Town

rules and regulations closely match one another.

NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF

THE TOWN OF LAKE CITY AS FOLLOWS:

Section 1. Section 20-77 of the Lake City Municipal Code shall be repealed in its entirety

and replaced to read as follows:

Sec. 20-77. - Off-highway vehicles and electric cart use by disabled individuals.

a. Off-highway vehicles

1. The term "off-highway vehicle" ("OHV") shall be defined as follows (see,§ 33-14.5-

101(3), C.R.S.): any self-propelled vehicle that is designed to travel on wheels or tracks in

contact with the ground, designed primarily for use off of the public highways, and generally and

commonly used to transport persons for recreational purposes. Except as described in Subsection

(a)(l)(g) of this Section below, "off-highway vehicle" includes surplus military vehicles as

defined in C.R.S. § 42-6-102. "Off-highway vehicle" does not include the following:

(a) Vehicles designed and used primarily for travel on, over, or in the water; (b) Snowmobiles;

( c) Golf carts; ( d) Vehicles designed and used to carry individuals with disabilities; ( e) Vehicles

designed and used specifically for agricultural, logging, or mining purposes;

(f) Vehicles registered pursuant to Article 3 of Title 42, C.R.S.; or (g) A surplus military vehicle,

as defined in C.R.S. § 42-6-102(20.5), that is owned or leased by a municipality, county, or fire

protection district, as defined in C.R.S. § 32-1-103(7), for the purpose of assisting with

firefighting efforts, including mitigating the risk of wildfires.

2. All public roads in the Town of Lake City subject to the jurisdiction of the Board

of Trustees of Town of Lake City shall be open to travel by OHVs from 6:00 a.m. until 11 :00

p.m. during the times of year when said town roads are open to motor vehicle travel. OHV s,

including but not limited to their drivers and passengers, traveling on town roads are subject to

this Ordinance. All OHV s must remain on said public roads in which OHV travel is permissible

at all times and shall not travel on any other land areas that are not maintained as a public road.

Any person who violates this Section (2) commits a civil infraction and, upon conviction, shall

be punished by a fine of fifty dollars ($50).

3. No off-highway vehicle shall be operated at any time unless the operator of the

off-highway vehicle has in his or her possession a valid motor vehicle driver's license or

operator's license. Any person who violates this Section (3) commits a civil infraction and, upon

conviction, shall be punished by a fine of one hundred dollars ($100).

4. No off-highway vehicle shall be operated at any time, unless the operator of the

off-highway vehicle is insured to the minimum level required by the State of Colorado for

automobiles. Any person who violates this Section (4) commits a civil infraction and, upon

conviction, shall be punished by a fine of one hundred dollars ($100).

5. Seat belt use is required if seatbelts are incorporated into the OHV by the OHV

manufacturer. In the event an OHV is manufactured to incorporate child car seats, child car seats

and restraints shall be used in accordance with Colorado state laws for motor vehicles. Any

person who violates this Section (5) commits a civil infraction and, upon conviction, shall be

punished by a fine of three hundred dollars ($300).

6. Eye protection is required of all OHV operators and passengers. Any person who

violates this Section ( 6) commits a civil infraction and, upon conviction, shall be punished by a

fine of three hundred dollars ($300).

7. OHVs shall contain no more occupants than for which the OHV was designed and

manufactured but excepting therefrom any OHV that has a roll over protection device that was

designed and incorporated into the OHV to safely allow for more occupants than which the OHV

was designed. Any person who violates this Section (7) commits a civil infraction and, upon

conviction, shall be punished by a fine of three hundred dollars ($300).

8. A person shall not drive or ride as a passenger in an OHV, unless:

and design manufactured for use by operators of motorcycles;

b. The protective helmet conforms to the following design and specifications:

(i) It is designed to reduce injuries to the user resulting from head impacts

and to protect the user by remaining on the user's head, deflecting blows, resisting penetration,

and spreading the force of impact;

(ii) It consists of lining, padding, and a chin strap; and

(iii) It meets or exceeds the standards established in the United States

Department of Transportation Federal Motor Vehicle Safety Standard No. 218, 49 C.F.R. §

571 .218, for motorcycle helmets.

c. The protective helmet is secured properly on the person's head with a chin strap

while the ORV is in motion.

Any person who violates this Section (8) commits a civil infraction and, upon conviction, shall

be punished by a fine of three hundred dollars ($300).

9. ORV operators and passengers are subject to all traffic laws applicable to motor

vehicles, including but not limited to, any state, federal, or county law applicable to motor

vehicle operation. In the event of any conflict between said laws and this ORV Ordinance, the

provisions of this ORV Ordinance shall control to the extent permitted under Colorado or federal

law. Any person who violates this Section (9) shall be subject to the applicable penalty as

provided by the fine schedule in Section ( 13) below, or as otherwise provided by state, federal or

local law.

10. It shall be unlawful for any person to knowingly allow, authorize, suffer, or

permit an ORV owned or belonging to him or her or under his or her possession or authority, to

be operated by any person who is under the age of 16. Any person who violates this Section (10)

commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred

dollars ($ 100).

11. No ORV shall be operated upon a town road unless it is equipped with brakes and

a muffler and spark arrester which conform to the standards prescribed by regulation of the

Colorado division of parks & wildlife, which shall be applicable in all cases except for ORV s

being operated in organized competitive events held on private lands with the permission of the

landowner, lessee, or custodian of the land, on public lands and waters under the jurisdiction of

the Colorado division of parks & wildlife with its permission, or on other public lands with the

consent of the public agency owning the land. Any person who violates this Section (11)

commits a civil infraction and, upon conviction, shall be punished by a fine of one hundred fifty

dollars ($150).

12. This Ordinance shall be enforced by any law enforcement officer or peace officer,

including the person designated by the Board as the Off-Highway Vehicle Enforcement Officer,

if any.

13. The penalty assessment procedures provided in§§ 16-2-201 or 16-2.3-102,

C.R.S., as is applicable, shall be followed for any violation of this Ordinance, including any

additional fines or surcharges required thereunder. The arresting officer may either: (a) give the

offender a penalty assessment notice and release him or her upon its terms; or (b) if permissible

under Colorado law, take him or her before a judge of the Hinsdale County Court. The choice of

procedures shall be based upon circumstances which reasonably persuade the officer that the

alleged offender is likely or unlikely to comply with the terms of the penalty assessment notice,

as well as the circumstances that warranted the stop and penalty assessment, along with requisite

underlying statutory authority to bring the offender before the Town of Lake City Municipal

Court. The penalty assessment notice shall be a summons and complaint containing (i)

identification of the alleged offender by name, address and social security number, (ii)

specification of the offense with which the offender is charged, and (iii) the applicable fine that

may be paid to the Town of Lake City in person or by mail within twenty (20) days of the date of

issuance of the penalty assessment or else appear to answer the charge before the Town of Lake

City Municipal Court on the date of its next regular session. Any person who chooses to

acknowledge his or her guilt and is not otherwise required to appear in Town of Lake City

Municipal Court may, within twenty (20) days of the date of issuance of the penalty assessment,

pay the stated fine, including any court surcharges that may apply, to the Town of Lake City,

either in person or by mail, based on the following fine schedule:

a. 1 - 10 miles per hour ("mph") over the speed limit shall warrant a fine of $125;

b. 11 - 20 mph over the speed limit shall warrant a fine of $150;

c. 21 or more mph over the speed limit shall warrant a summons to appear in court

plus a careless or reckless driving charge at the discretion of the officer. In the event a penalty

assessment is issued for driving 21 mph or more over the speed limit, upon conviction, the

offender shall be subject to a fine of not less than $300 and not more than $1 ,000, as determined

by the Town of Lake City Municipal Court judge; and

d. All other violations of this Ordinance shall constitute civil infractions and upon

conviction shall be punishable by a fine as stated in this Ordinance above, or in the event no fine

is stated above for said violation, said fine shall be one hundred dollars ($100), unless otherwise

provided by applicable law.

Any uncontested payment that is provided to the Town of Lake City shall be accompanied by a

copy of the penalty assessment signed by said offender acknowledging his or her guilt. Payment

of the fine shall relieve the person receiving the penalty assessment of any further obligation to

appear in the Town of Lake City Municipal Court to answer the offense charged in the penalty

assessment, unless otherwise provided by this Ordinance.

14. In addition to any other fine in which a convicted offender may be required to pay

pursuant to this Ordinance, the following applies: pursuant to§ 18-1.3-603, C.R.S., in the event a

violation of this Ordinance causes damage to a town road or other town property, the violator

shall pay the Town of Lake City County restitution to fix the damage caused by the violation, as

determined by the Town of Lake City Municipal Court judge.

b. Electric Carts

1. For purposes of this section, the term "electric cart" means a three- or fourwheeled

vehicle powered by electricity ( such as what is commonly referred to as a "golf cart"),

also designed primarily for use off of the public roads, streets and highways, and generally used

to transport persons for recreational purposes.

2. Adult persons over the age of 18 years who are certified by a licensed physician

to have a physical disability or handicap which hinders or prevents their ability to obtain a

license to operate ordinary motorized street vehicles, but not their ability to safely operate an

OHV or electric cart at restricted speeds ofup to 15 miles per hour, may apply to the town board

for a special permit authorizing limited use of an OHV or electric cart on specified town streets,

roads and alleys. The board of trustees reserves full discretion to state, on the face of any permits

that it may deem appropriate for issuance, any special restrictions and/or conditions in addition

to those specified herein.

3. Each permit application shall be made in writing and shall be supported by the

written certification of a licensed physician as contemplated in this section.

4. Before issuing permits contemplated by this section, the town manager or his

delegate shall examine or test the subject electric carts to determine that each subject electric

cart, in addition to having the equipment installed during original manufacture, is retrofitted

with a speed attenuator which continuously restricts the speed of the vehicle to a maximum of

15 miles per hour.

5. As further conditions for maintaining the related permits, all electric carts shall be subject

to the following additional requirements:

(a) They shall, at all times, be driven on the right-hand side of each permitted road, street

and alley, as close as reasonably possible to the edge or curbing thereof.

(b) They shall be operated within the town at a speed of no more than 15 miles per hour.

( c) They shall, at all times, bear standard blue and white decals conspicuously affixed to

the front and rear of the subject vehicles permanently displaying the handicapped

status of their operators.

6. Any permit issued pursuant to this section shall be renewed annually; provided,

however, that the supporting documentation required for new permits may be waived at the

discretion of the board of trustees on a case-by-case basis.

7. The Board of Trustees reserves the right to revoke any special use permit issued

pursuant to this section for violation of any of the terms and conditions of the permit itself or of

this section or the laws pursuant to which this section has been adopted; and also for any material

change in the handicapped status of permit applicants. Such violations shall not be treated as

criminal offenses.

8. The Board of Trustees further reserves the right, from time to time, to review the

provisions of this section, and to add, amend, or delete such provisions and/or the specific

restrictions and/or conditions separately stated on individual permits, all as the Board may deem

to be in the interest of the public health, safety and welfare.

9. This section is not intended to authorize use of electric carts on public roads or

streets by members of the general public, or to otherwise contravene the provisions of C.R.S. §

33-14.5-101 et seq., or 42-4-101 et seq.

Section 2. Validity. If any part of this ordinance is held to be unconstitutional or invalid for

any reason such decision shall not affect the validity or constitutionality of the remaining

portions of this ordinance. The Board of Trustees hereby declares that it would have approved

this ordinance and each part or parts thereof irrespective of the fact that any one part or parts be

declared unconstitutional or invalid.

Section 3. Repeal. Existing ordinances or parts of ordinances 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, except that this repeal

shall not affect or prevent collection of any fees assessed pursuant to the provisions of any

ordinance hereby repealed prior to the taking effect of this ordinance.

INTRODUCED, PASSED AND ADOPTED A REGULAR MEETING OF THE BOARD

OF TRUSTEES OF THE TOWN OF LAKE CITY, COLORADO AND SIGNED THIS

16TH DAY OF APRIL, 2025.