TOWN OF MONTGOMERY
ALL TERRAIN VEHICLE ORDINANCE
EFFECTIVE DATE
October 17, 2003
TABLE OF CONTENTS
PAGE
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 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 20 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