The text
10.06 - Prohibition of Dynamic Braking Systems#
Footnotes:
--- (1) --- Adopted by Ord. 2023-10 on 10/17/2023
10.06.010 - Purpose#
The purpose is to mitigate noise pollution within the Town of Virgin by prohibiting the use of dynamic brake devices or systems within Town limits.
10.06.020 - Definitions#
"Dynamic braking device of system" means a device or system used for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. A dynamic braking device or system is often commonly referred to as a Dynamic Brake, Jacob's Brake, C-Brake, engine brake, or compression brake.
10.06.030 - Prohibition#
It is unlawful for the driver of any motor vehicle to use, operate, or cause to be operated any dynamic braking device or system on any dynamic braking device or system on any street or road within the boundaries of the Town of Virgin. The emitting of any compression noise shall be prima facie evidence of the use of a dynamic braking device or system.
10.06.040 - Exceptions#
The prohibitions shall not apply to emergency driving situations requiring the use of dynamic braking device or system to protect the safety and property of the residents of the Town, other motor vehicle operators, pedestrians and the operator and passengers of the motor vehicle involved in said emergency situation. Fire trucks and other emergency vehicles are exempt from the prohibitions of this chapter.
10.06.050 - Signage#
Signs stating "ENGINE BRAKE ORDINANCE ENFORCED" may be installed at locations deemed appropriate by the Mayor to advise motorists of the prohibition of the use of the engine brakes within Town limits of Virgin. The provisions of this ordinance shall be in full force and effect and may be enforced even if no signs are installed.
10.06.060 - Violations and Penalties#
Any person violating the prohibition provision shall be guilty of a class C misdemeanor, punishable according to Utah Code Section 76-3-301. Each day such violation is committed or such permitted to continue shall constitute a separate offense and shall be punishable as such.
10.08 - Off-Highway Vehicles#
10.08.010 - Definitions#
For purposes of this Chapter, the following terms shall have the following meanings:
"All-terrain type I vehicle" means any motor vehicle 52 inches or less in width, having an unlading dry weight of 800 pounds or less, traveling on three or more low pressure tires, having a seat designated to be straddled by the operator and designed for or capable of travel over unimproved roads.
"All-terrain type II vehicle" means any other motor vehicle not defined in "All-terrain type I vehicle" above designed for or capable of travel over unimproved terrain. This term does not include golf carts, any vehicle designed to carry a disabled person, any vehicle not specifically designed for recreational use, or farm tractors as defined under Section 41-1a-102 of the Utah Code.
"Motorcycle" means every motor vehicle having a saddle for the use of the operator and designed to travel on not more than two tires.
"Off-highway vehicle" means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, or motorcycle.
10.08.020 - Registration of Vehicle#
Unless exempted under Section 41-22-9 of the Utah Code, a person may not operate or transport and an owner may not give another person permission to operate or transport, any off-highway vehicle on any public land, trail, street, or highway within the Town of Virgin unless the off-highway vehicle has been registered in accordance with the requirements of Title 41 Chapter 22 of the Utah Code for the current year.
10.08.030 - Vehicle Equipment Requirements#
All off-highway vehicles, as defined herein, shall be equipped with: A.
Brakes adequate to control the movement of and to stop and hold the vehicle under normal operating conditions; and
B.
Headlights and taillights when operated between sunset and sunrise; and
C.
A noise control device.
10.08.040 - Protective Headgear Requirements — Owner Duty#
A.
A person under the age of 18 may not operate or ride on an all-terrain type I vehicle or motorcycle on any public land, trail, street, or highway within the Town of Virgin unless the person is wearing properly fitted and fastened, United States Department of Transportation safety-rated protective head gear designed for motorized vehicle use.
B.
The owner of an off-highway vehicle or any other person may not give permission to a person who is under the age of 18 years to operate or ride on an off-highway vehicle in violation of this Section.
10.08.050 - Restrictions on Use of Privately Owned Lands Without Permission#
A.
No person shall operate or accompany a person operating an off-highway vehicle upon privately owned land of any other person, firm or corporation without permission from the owner or person in charge.
10.08.060 - Unlawful for Person to Tamper with Signs or Fencing on Privately Owned Land#
It shall be unlawful for any person to tear down, mutilate, or destroy any sign, signboards, or other notice which regulates trespassing for purposes of operating an off-highway vehicle on land, or to tear down, deface, or destroy any fence or other enclosure or any gate or bars belonging to any such fence or enclosure.
10.08.070 - Prohibited Uses#
No person may operate an off highway vehicle in Town parks, or in connection with acts of vandalism, harassment of wildlife or domestic animals, burglaries or other crimes, or excessive mechanical noise.
10.08.080 - Supervisions, Safety Certificate or Driver's License Required#
A person may not operate and an owner may not give that person permission to operate an off-highway vehicle on any public land, trail, street or highway within the Town of Virgin unless the person: A.
Is under the direct supervision of a certified off highway vehicle safety instructor during a scheduled safety course,
B.
Has in his possession the appropriate safety certificate issued by the State of Utah, or
C.
Has in his possession a valid motor vehicle operator's license.
10.08.090 - Operation by Persons Under Age 8 Prohibited#
Except as provided in Section 41-22-29(3) of the Utah Code, a person under the age of eight (8) may not operate and an owner may not give another person who is under eight (8) permission to operate an off-highway vehicle on any public land, trail, street, or highway within the Town of Virgin.
10.08.100 - Supervision on Designated Routes#
Any operator of an off-highway vehicle who is under the age of 16 shall be under the direct visual supervision of an adult who is at least 18 years of age while using a route designated under VMC 10.08.110.
10.08.110 - Designation of Off-Highway Vehicle Routes#
A.
Within the City of Virgin, the following streets are designated as the only off-highway vehicle routes within the City of Virgin for the specific purpose of allowing off-highway vehicle operators to gain access to or from a private or public area open for off-highway vehicle use:
ANY PUBLIC ROAD WITHIN TOWN OF VIRGIN LIMITS
B.
Except for off highway implements of husbandry used in accordance with Section 41-22-5.5, a person may not operate an off-highway vehicle on any street or highway for any other purpose than to gain direct access to or from a private or public area open for off-highway vehicles.
10.08.120 - Speed/Regulations#
Any person operating an off-highway vehicle is subject to the provisions of Title 41, Chapter 6 of the Utah Code, unless specifically excluded.
The Highway Speed shall not exceed 20 miles per hour and that any vehicle as defined by this Chapter SHALL NOT TRAVEL ON THE SIDEWALKS IN THE TOWN OF VIRGIN.
10.08.130 - Fines#
Any violation to this Chapter is a class C misdemeanor punishable by a minimum fine of $82.00.