Public Hearing - ATV and Off Road Vehicles
When:The Board of Selectmen will hold a public hearing on the Proposed Ordinance for the use of ATV's and Off Road Vehicles on Chebeague Island.
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Town of
Off-Highway Vehicle Ordinance
Purpose
It is the intent and purpose of this ordinance to assure the safe operation of Off-Highway Vehicles (OHV’s) on designated public ways and the safe operation of golf carts on public ways.
Definitions
The following definitions shall apply in the interpretation of this ordinance:
Golf Cart. “Golf cart” means a motor-driven vehicle that is originally designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. “Golf cart” does not include an All Terrain Vehicle (ATV) defined in Title 12, section 13001.
Off-Highway Vehicle (OHV). Any vehicle designed primarily for off-highway use, including All-terrain Vehicles (ATV), Utility Vehicles or mini-trucks. A motor driven, off-road, recreational vehicle capable of cross-country travel on land, snow, ice, marsh, swampland or other natural terrain. It includes, but is not limited to, multi-wheel or low pressure tire vehicle; a motorcycle or related 2-wheel, 3-wheel or belt-driven vehicle; or other means of transportation deriving motive power from a source other than muscle or wind. For purposes of this ordinance, OHV does not include a single or multi-track vehicle; an amphibious machine; snowmobile; an airmobile; a construction or logging vehicle used in performance of its common functions; a farm vehicle used for farming purposes; a vehicle used exclusively for emergency, military, law enforcement or fire control purposes.
Public Way. “Public Way” means a way, owned and maintained by the municipality, over which the general public has a right to pass. For the purposes of this ordinance, it means a way commonly used for vehicular traffic and does not mean a public right-of-way primarily used as a footpath.
General:
All vehicles operated on public ways under this ordinance must comply with the following requirements:
(1) All vehicles operated on public ways under this ordinance must carry proof of proper insurance.
(2) Operators of any vehicle under this ordinance must possess a valid driver’s license to operate on public ways.
(3) All vehicles under this ordinance must be properly registered to operate on public ways:
- Golf carts must display a registration sticker issued by the Town of Chebeague Island.
- OHV’s must be registered with the Maine Department of Inland Fisheries and Wildlife.
Off-Highway Vehicle (OHV) Operation:
(1) For the purpose of this ordinance, the operation of OHV’s with roll-over protection and passenger restraints on public ways shall be subject to all laws and rules applicable to motor vehicles as defined in 29-A MRSA Section 101 subsection 42.
(2) For the purpose of this ordinance, the operation of OHV’s without roll-over protection and passenger restraints on public ways shall be subject to all laws and rules that are applicable to motor vehicles as defined in 29-A MRSA Section 101 subsection 38
(3) This ordinance prohibits OHV travel on another’s private property except as one would travel via automobile or motorcycle (e.g. on a driveway), and when conforming to current Maine statute listed below:
(a) Any person operating an OHV upon the land of another shall stop and identify himself and produce the state registration certificate required pursuant to 12 M.R.S.A. section 7854 upon the request of the land owner, his duly authorized representative, constable, or deputy sheriff.
(b) No person shall operate an OHV on the land of another after forbidden to do so by the owner thereof, the owner’s agent, constable, or deputy sheriff, either personally or by appropriate notices posted conspicuously on that property.
Golf Cart Operation:
The operation of golf carts shall be permitted on the roads of
(1) Such golf carts shall be operated only in daylight, not earlier than one-half hour before sunrise and not later than one-half hour after sunset.
(2) Such carts shall keep to the extreme right of the roadway, shall not exceed a speed of ten (10) miles per hour; and shall obey all traffic laws applicable to motor vehicles.
(3) Each golf cart shall be equipped with an auditory warning device, a visual safety flag on a whip antenna of at least six (6) feet in height and slow vehicle markings.
Violation of Regulations
It shall be unlawful for any person to violate any provisions of this ordinance.
Penalty
Any person, firm or corporation violating any provision of this ordinance shall be punished by a fine of $25 dollars for the first offense, and $100 for each offense thereafter.
Severability
Should any provisions of this ordinance be declared invalid for any reason, such declaration shall not affect the validity of other provisions or of this ordinance as a whole, it being the legislative intent that the provisions of this ordinance shall be severable and remain valid notwithstanding such declaration.