11-3-17 Off-road operation of motorized vehicles.
A. Definitions.
1. “Operate” is defined as driving or controlling an off-road motorized vehicle, whether moving or not.
2. “Off-road motorized vehicle” means any motorized vehicle when operated off of highways on any land or natural terrain, i.e., two-wheel, three-wheel or four-wheel vehicles, motorcycles, four-wheel drive vehicles and dune buggies.
3. “Undeveloped public or private property” means any property without a structure, occupied or not, including but not limited to dry washes and river beds, desert areas and non-paved empty lots.
4. “Dry wash or river bed” means a watercourse having beds, banks, sides and channels through which water currently flows, through which waters flow periodically or no longer flows.
5. “Willful and wanton” is negligent misconduct by act or omission with conscious disregard for the safety of other persons or property.
B. Declaration of Nuisance. It is unlawful for any person to operate an off-road motorized vehicle with a willful and wanton disregard for the safety of other persons or property. Operation of off-road motorized vehicles on undeveloped property, as defined herein, including washes and river beds, is hereby declared to be a nuisance, and it is further declared that such activity interferes with the enjoyment of property, reduces the value of the property, creates noise and dust pollution and poses a danger to the public health, safety, comfort, convenience and welfare. It shall be unlawful for any person to operate an off-road motorized vehicle on undeveloped private property as defined herein, except as permitted by this section.
C. Exceptions. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY:
1. Off-highway vehicle use areas managed specifically for off-road vehicle use through the development or designation of off-highway trails.
2. Off-road motorized vehicles operated on private property, off the roadway, where written permission has been granted to the operator of the vehicle by the legal owner of the property. Written permission shall be in operator’s possession and must be shown upon demand of a law enforcement officer. Nothing in this subsection shall be construed as permitting the operation of motorized vehicles within dry wash or river bed closer than one-quarter (1/4) mile of any structure.
3. Operation of a motorized vehicle for farming or ranching purpose.
4. Operation of a motorized vehicle by a business or enterprise which is licensed by the Town and where the motorized vehicle is being used in the lawful operation of the licensed business or enterprise.
5. Operation of a motorized vehicle by a governmental employee while on government business.
6. Operation of a golf cart on a golf course.
7. Operation of an authorized emergency vehicle, including a towing service.
D. Violation/Penalty. A person who violates Oro Valley Town Code Section 11-3-17 is guilty of a class 2 misdemeanor. In addition to or in lieu of the fine prescribed by this section, a judge may order the person to perform at least eight but not more than twenty-four hours of community service or complete an approved safety course, or both. (Effective 3/15/95).