Club Information • ATV Ordinances • Riding in Canada
ATV Ordinances
Montgomery; Bakersfield; Belvidere; Franklin- See Below:
TOWN OF MONTGOMERY
ALL TERRAIN VEHICLE ORDINANCE
AUGUST 18, 2003
EFFECTIVE DATE
October 17, 2003
TABLE OF CONTENTS
SECTION I AUTHORITY - - - - - - - - - - - - - - - - - - - - 2
SECTION II PURPOSE - - - - - - - - - - - - - - - - - - - - - 2
SECTION III DEFINITIONS - - - - - - - - - - - - - - - - - - 2
SECTION IV SPECIFIC PROVISIONS - - - - - - - - - - - - - - - 2
1. where ATVs are allowed and restricted- - - - 2
2. posting of signs - - - - - - - - - - - - - - 2
3. required equipment for ATVs - - - - - - - - 2
4. ATV registration required - - - - - - - - - 2
5. ATVs for agricultural purposes - - - - - - - 3
6. valid drivers license required - - - - - - 3
7. ATVs operated pursuant to 23 V.S.A. Ch. 21 - 3
8. where and how to travel on roads - - - - - - 3
9. signals for turning or stopping - - - - - - 3
10. land owner not liable for damage - - - - - - 3
SECTION V PENALTIES - - - - - - - - - - - - - - - - - - - - 3
SECTION VI AMENDMENTS - - - - - - - - - - - - - - - - - - - 4
SECTION VII APPEALS - - - - - - - - - - - - - - - - - - - - - 4
SECTION VIII EFFECTIVE DATE - - - - - - - - - - - - - - - - - 4
SECTION XI ENFORCEMENT - - - - - - - - - - - - - - - - - - - 4
SECTION X NOTICE - - - - - - - - - - - - - - - - - - - - - 4
SECTION XI SEVERABILITY - - - - - - - - - - - - - - - - - - 5
TOWN OF MONTGOMERY
ALL TERRAIN VEHICLE ORDINANCE
SECTION I AUTHORITY
Under the authority granted in 24 V.S.A. §1971 and 23 V.S.A. §3510, the Town of Montgomery Selectboard hereby adopts the following Civil Ordinance regulating the use of All Terrain Vehicles, ("ATV" hereinafter), within the town.
SECTION II PURPOSE
This ATV Civil Ordinance is adopted to promote public health and safety by providing for the regulation of ATVs, within the Town of Montgomery.
SECTION III DEFINITIONS
1. ATV means any non-highway recreational vehicle, except snowmobiles, when used for cross country travel on trails or on any one of the following or a combination thereof: land, water, snow, ice, marsh, swampland, and natural terrain.
2. An ATV on a highway shall be considered a motor vehicle, as defined in 23 V.S.A. § 4.
3. An ATV shall not include an electric personal assistive mobility device.
4. Operate, shall include any attempt to operate and shall be construed to cover all matters and things connected with the presence and use of ATVs whether they be in motion or at rest.
SECTION IV SPECIFIC PROVISIONS
1. The use of ATVs is authorized on all town roads located in the Town of Montgomery with the following exceptions; no ATVs are allowed on Hazen’s Notch Rd. Hwy. #58, Fuller Bridge Rd. Hwy. #1, and Vermont State Routes #118 and 242.
2. Signs shall be posted to notify operators of ATVs of permitted hours of operation and to notify motorists that ATVs may be traveling these roads.
3. ATVs operated on Town roads pursuant to this Ordinance shall have the following properly working equipment;
a. one or more headlights,
b. a red rear light,
c. number plate bracket,
d. brakes in good mechanical condition,
e. a United States Forest Service qualified spark arrester,
f. a muffler system and such other equipment or devices that comply with the noise level standards as set forth in 23 V.S.A. §3505(b), and regulations adopted pursuant thereto.
4. ATVs operated on Town roads shall be currently registered by the State of Vermont in accordance with 23 V.S.A. §3502. Registration does not constitute a license to cross or operate an ATV on public or private lands.
5. ATVs operated for agricultural purposes may be operated not closer than three (3) feet from the traveled portion of any Town road for the purpose of traveling within the confines of a farm.
6. At all times while operating an ATV on Town roads, operators shall have a valid driver’s license and wear a safety helmet that is approved by the Department Of Transportation.
7. Except as otherwise provided in this Ordinance, a person may only operate or permit an ATV owned by him or under their control to be operated in accordance with 23 V.S.A. Ch. 31, and more specifically, in accordance with 23 V.S.A. §3506 and all regulations adopted pursuant thereto.
8. ATVs traveling on Town roads shall travel on the right side of the road, in single file, and with headlights on at a rate of speed not to exceed 30 MPH.
9. When operating an ATV under this ordinance, if the ATV has no turn signals and/or brake lights, the operator shall use hand signals when making turns or stopping.
10. No public or private landowner shall be liable for any property damage or personal injury sustained by any person operating or riding as a passenger on an ATV or upon a vehicle or other device drawn by an ATV upon the public or private landowner’s property, whether or not the public or private landowner has given permission to use the land unless the public or private landowner charges a cash fee to the operator or owner of the ATV for the use of the property or unless damage or injury is intentionally inflicted by the landowner.
SECTION V PENALTIES
1. In accordance with 24 V.S.A. §1974 and §1974a, any person who violates a provision of this Civil Ordinance shall be subject to a civil penalty of up to $500 per day for each day that such violation continues. Each day the violation continues shall constitute a separate violation.
2. The constable of the Town of Montgomery and/or any person(s) duly appointed by the Selectboard shall have the authority to act as an Issuing Municipal Official, to issue and pursue before the Judicial Bureau, a municipal complaint.
3. An Issuing Municipal Official shall have the authority to levy and collect a Waiver Fee in lieu of a civil penalty from any person who declines to contest a municipal complaint and pay the Waiver Fee. Offenses shall be counted on a calendar year basis and Waiver Fees levied as follows:
(a) First Offense $100, waiver fee $75
(b) Second Offense $200, waiver fee $125
(c) All subsequent offenses $500, waiver fee $275
4. Operators of ATVs shall be liable, in addition to the fees set forth above, for all repair costs incurred for damage to Town roads and/or property caused by the ATV.
5. The Town of Montgomery accepts no liability for the operation of ATVs on any Town road under the provisions of this Ordinance.
SECTION VI AMENDMENTS
1. This Ordinance may be amended by a majority vote of the legislative body at any duly warned meeting, providing the subject appears on the agenda for that meeting.
2. Any amendments to this Ordinance shall take effect in accordance with 24 V.S.A. §1971.
SECTION VII APPEALS
1. Any person cited for a violation of this ordinance many contest the violation before a judge in the Judicial Bureau.
2. A judgment entered by the Judicial Bureau may be appealed under the provisions of 4 V.S.A. §1107.
SECTION VIII EFFECTIVE DATE
1. This Ordinance shall become effective sixty, (60), days after its adoption by the legislative body, unless a petition is filed under 24 V.S.A. §1973, in which case said statute shall govern the taking effect of this Ordinance.
2. A petition, as provided for in 24 V.S.A. §1973, for a vote on the question of disapproving this Ordinance, or amendments thereto, shall be signed by not less than five, (5), percent of the qualified voters in the Town of Montgomery, and presented to the legislative body or to the Town Clerk within forty four, (44), days following the date of adoption of the Ordinance. If such a petition is properly filed, the legislative body shall call a special meeting within sixty, (60), days from receipt of the petition, or include an article in the warning for the next annual town meeting if the annual town meeting falls within the sixty, (60), day period, to determine whether the voters will disapprove the Ordinance.
SECTION XI ENFORCEMENT
A violation of this ATV Civil Ordinance shall be a civil matter enforceable in the Judicial Bureau in accordance with the provisions of 24 V.S.A. Ch. 59.
Section X NOTICE
1. This Ordinance shall be entered into the minutes of the Town records and shall be posted in at least five conspicuous places in Town.
2. The full text of this Ordinance, or a concise summary of it including a statement of purpose, principal provisions, and table of contents or list of section headings, shall be published in a newspaper circulating in the municipality within fourteen, (14), days of it’s adoption.
3. A reference to a place within the municipality where the full text may be examined, shall be published along with a concise summary. When the text or concise summary of this Ordinance is published, the notice shall explain citizens’ rights to petition for a vote on the Ordinance at an annual or special meeting as provided in 24 V.S.A. §1973, and the notice shall also contain the name, address and telephone number of a person with knowledge of, and who is available, to answer questions about this Ordinance.
SECTION XI 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.
Board of Selectmen
Town of Montgomery
Kenneth Cota, Chairman
Jerome Mayhew
Merle Van Gieson
Tosca Smith
Scott Perry
Montgomery Town Clerk’s Office received for record this _______ day of ______________, A.D., 2002 at _______P.M.
Attest:____________________________
Renee Patterson,
Town Clerk
_____________________________________________________________________________________________________
TOWN OF BAKERSFIELD
ALL TERRAIN VEHICLE ORDINANCE
This ordinance is in effect from April 1st to December 1st between the hours of 6:00am and 10:00pm to persons holding a valid driver's license.
The select board of the Town of Bakersfield, in the County of Franklin and the State of Vermont, in accordance with Title 23, V.S.A. 1971-1983 hereby adopt this ordinance regulating the use of All Terrain Vehicles, in the Town of Bakersfield and described as follows:
1. As used in this ordinance "All Terrain Vehicle or ATV" means any non-highway recreational vehicle, except snowmobiles, when used for cross country travel on trails or on any one of the following or a combination thereof; land, water, snow, ice, marsh, swampland, and natural terrain.
2. The use of ATV's is authorized on all town roads located in the Town of Bakersfield EXCEPT TR#1 (Boston Post Road), TR#21 (Academy Drive), TR#31 (The Avenue), TR#3 from Route 108 to Town Garage.
3. An ATV may be operated only in accordance with V.S.A. Title 23 Chapter 31, Section 3501-3517 and will be enforced.
4. ATV signs have to be posted to notify motorists that ATV's are on the road. These are NOT trail signs.
5. Travel by ATV's will be single file, to the right, with headlights on, at a rate of speed not to exceed 25MPH.
6. An ATV may not be operated unless registered pursuant to this Chapter 31 or any other section of this Title 3502-3504, as stated in the All Terrain Vehicle Operator's Manual, by the State of Vermont and the Vermont Statutes Annotated, Title 23, 1999 Cumulative Supplement for use in 1999-2000 except when operated:
1. On the property of the owner of the ATV
2. Off the highway, in a ski area while being used for the purpose of grooming snow, maintenance or in rescue operations
3. Solely on privately owned land when the operator is specifically invited to do so and has on his person the written consent of the owner
7. The registration of an ATV does not constitute a license to cross or operate an ATV on private lands that do not have trails.
8. Unless you have a signed Bakersfield Riders Card on your person, you do not have permission to ride on Bakersfield Town Roads. A Riders Card, copy of the Ordinance and copy of All Terrain Vehicle Operators Manual is available at L&L Sales and Service. TR 31 (The Avenue).
9. If any portion of the ordinance is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected. A violation of this Ordinance shall be a civil matter enforced in accordance with the provisions of 24 V. S. A. Title 2974a and 1977 et seq. A civil penalty of not more than $500 may be imposed for this violation of this civil ordinance, and the waiver fee shall be set at $100 for the first offense, $200 for the second offense within a six month period, and $300 for all subsequent offenses within a six month period. Each day that the violation continues will constitute a separate violation of this ordinance.
10. Liability insurance is mandatory for an ATV.
11. The Town of Bakersfield accepts no liability for the operation of ATV's on these Town Highways as listed.
Robert Gervais, Sr.
Brian Westcom
Larry Krygier
______________________________________________________________________________________________________
TOWN OF BELVIDERE
ALL TERRAIN VEHICLE ORDINANCE
1. The Selectboard of the Town of Belvidere in the County of Lamoille and State of Vermont, in accordance with Title 23, V.S.A. 1971-1983 hereby adopt this ordinance regulating the use of All Terrain Vehicles in the Town of Belvidere and described as follows:
2. As used in this ordinance "All Terrain Vehicle or ATV" means any non-highway recreational vehicle, except snowmobiles, when used for cross country travel on trials or any one of the following or a combination thereof; land, water, snow, ice, marsh, swampland, and natural terrain.
3. The use of ATV's is authorized on all town roads located in the Town of Belvidere.
3A. The roads are closed to ATV travel between December 15 and April 1.
4. An ATV may be operated only in accordance with V.S.A Title 23, Chapter 31, Section 3501-3517 and will be enforced by the ATV Club.
5. ATV signs have to be posted to notify motorists that ATV's are on the road. These are NOT trail signs.
6. Travel by ATV will be single file, to the right, with headlights on at a rate of speed not to exceed 25MPH.
7. An ATV may not be operated unless registered pursuant to this Chapter 31 or any other section of this Title 3502-3504, as stated in the All Terrain Vehicle Operator's Manual, by the State of Vermont and the Vermont Statutes Annotated, Title 23, 1999 Cumulative Supplement for use in 1999-2000 except when operated:
(1) on the property of the owner of the ATVE
(2) off the highway, in a ski area while being used for the purpose of grooming snow, maintenance or in rescue operations
(3) solely on privately owned land when the operator is specifically invited to do so and has on his person the written consent of the owner
8. The registration of an ATV does not constitute a license to cross or operate an ATV on private lands that do not have trails.
9. Unless you have a signed copy of this ordinance on your person, you do not have permission to ride on Belvidere town roads. This ordinance is available at the Town Office or from any Selectboard member. All copies will be signed by the operator and a Selectboard member or the Belvidere Town Clerk.
10. If any portion of the Ordinance is held unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected.
A violation of this Ordinance shall be a civil matter enforced in accordance with the provisions of 24 V.S.A Title 2974a and 1977 et seq. A civil penalty of not more than $500 may be imposed for a violation of this civil ordinance, and the waiver fee shall be set at $100 for the first offense, $200 for the second offense within a six month period, and $300 for all subsequent offenses within a six month period. Each day that the violation continues will constitute a separate violation of this ordinance.
In accordance with 24 V.S.A 1971-1976 and 24 V.S.A 2291 this ordinance is adopted by the Belvidere Selectboard on June 13, 2000, to become effective sixty days from the adoption thereof.
Citizens have the right to petition for a vote on the ordinance within 45 days in accordance with V.S.A Section 1973.
Robert H. Granger
Hugh Tallman Selectboard
Kenneth Adams Jr.
_______________________________________________________________________________________________________
TOWN OF FRANKLIN ATV ORDINANCE
Notice-to operators of All Terrain Vehicles in the Town of Franklin
The Selectboard of the Town of Franklin in the County of Franklin and the State of Vermont, by the grant of authority set forth in 24 V.S.A. 3510 hereby adopts this ordinance regulating the use of All Terrain Vehicles (hereinafter ATV's) in the Town of Franklin as hereinafter set forth. This Ordinance amends the Ordinance entitled "Ordinance Town of Franklin, Notice to All Operators and Owners of Snowmobiles and All Terrain Vehicles in the Town of Franklin, Vermont" adopted by the selectboard of the Town of Franklin in May 7, 1985 in its entirety. This ordinance shall constitute a civil ordinance within the meaning of 24 V.S.A Chapter 59.
1. As used in this ordinance "All Terrain Vehicle or ATV" means any non-highway recreational vehicle, except snowmobiles, when used for cross country travel on trails or on any one of the following or a combination thereof, land, water, snow, ice, marsh, swampland, and natural terrain.
2. The use of ATV's is authorized on all town roads located in the Town of Franklin between the hours of 6:00am and 10:00pm except that by order of the State of Vermont. ATV's may not be operated on Vermont Route 120 (including Main Street in Franklin) and Vermont Route 236. Signs shall be posted to notify motorists that ATV's may be traveling these roads.
3. ATV's operated on town roads pursuant to this Ordinance shall have the following properly working equipment: one or more headlights, a red rear light, number plate bracket, brakes in good mechanical condition, a United States Forest Service qualified spark arrester and an effective muffler system. Lights shall be on during vehicle operation from 30 minutes after sunset to 30 minutes before sunrise. Muffler systems shall comply with the noise level standards set forth in 23 V.S.A 3505(b) and regulations adopted pursuant thereto.
4. ATV's operated on town roads pursuant to this Ordinance shall be currently registered by the State of Vermont in accordance with 23 V.S.A 3502. A registration does not constitute a license to operate an ATV on public or private lands.
5. ATV's operated for agricultural purposes may be operated not closer than three (3) feet from the traveled portion of any highway for the purpose of traveling within the confines of a farm.
6. Operators of ATV vehicles operated on town roads pursuant to this Ordinance shall at all times while operating said ATV, wear a DOT approved safety helmet.
7. Except as otherwise provided in this Ordinance, a person may only operate or permit an All Terrain Vehicle owned by him or under his control to be operated in accordance with 23 V.S.A Chapter 31 and more specifically, in accordance with 23 V.S.A. 3506 and all regulations adopted pursuant thereto.
8. ATV's traveling on town roads pursuant to this Ordinance shall travel on the right in single file, with headlights on during the hours set forth in paragraph 3 above at a rate of speed not to exceed 30MPH.
9. Any part or provision of this Ordinance shall be considered severable and, if any provision of this Ordinance, or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions of application, and to this end the provisions of the Ordinance are declared severable.
10. (a). A violation of this Ordinance shall be a civil matter enforced in accordance with the provisions of 24 V.S.A Chapter 59. A person who violates a provision of this civil ordinance shall be subject to a civil penalty of up to $500 per day for each day that such violation continues. Each day the violation continues shall constitute a separate violation. The Constable of the Town and/or any person (s) duly appointed by the Selectboard shall have the authority to act as issuing Municipal Official (s) to issue and pursue before the Judicial Bureau a municipal complaint.
(b). Waiver Fee
(c). Civil Penalties
11. Operators of ATV's shall be liable, in addition to the fees set forth above, for all repair costs incurred for damage to town roads caused by the operation of their ATV.
12. The Town of Franklin accepts no liability for the operation of ATV's on Franklin town roads as set forth in this Ordinance.
In accordance with 24 V.S.A. Chapter 59, this Ordinance is adopted by the Town of Franklin Selectboard on the 26th day of June 2001, to become effective sixty (60) days from the adoption thereof. Citizens have the right to petition for a vote on the Ordinance within forty-four (44) days from the adoption thereof in accordance with 24 V.S.A 1973.
George Godin
Peter Kittell
Pauline Gadbois Selectboard
Wayne Fisk
Richard Boudreau