SECTION I. AUTHORITY. Under authority granted in 24 V.S.A. Chapter 59, 24 V.S.A. § 2291(4), 19 V.S.A. § 304, and 23 V.S.A. § 3510, the Selectboard of the Town of Brighton hereby adopts the following civil ordinance regulating the time, manner, and location of operation of all-terrain vehicles within the town.
SECTION II. PURPOSE. The purpose of this ordinance is to protect the health and safety of operators of all-terrain vehicles and of the residents of the Town and to protect the animals, property and environment of the Town.
SECTION III. DEFINITIONS.
A. “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: water, snow, ice, marsh, swampland and natural terrain.
B. “Operate” shall include any attempt to operate and shall be construed to cover all matters and things connected with the presence and use of all-terrain vehicles whether they be in motion or at rest.
SECTION IV. OPERATION OF ATVs.
A. All ATVs must be registered, equipped and operated according to the requirements of 23 V.S.A. Chapter 31 and as stated herein.
B. All-terrain vehicles may be operated only on the following town highways:
- 5-Mile Square Road (TH 15) from MP 450 extending 0.4 mile to MP 850; and
- 5-Mile Square Road (TH 15) from MP 1500, extending 0.6 mile and ending at Route 105; and
- 10-Mile Square Road (TH 7) from MP 500 extending 0.5 mile to MP 1000; and
as shown on a maps displayed in the office of the Town Clerk; and when they have been opened to ATV use and so posted.
MP locations herein refer to the E911 location system, and if in conflict with maps filed then the map information shall govern.
C. All posted speed limits and traffic control devices apply to the operation of ATVs on Town highways except that ATV speed shall not exceed 25 miles per hour.
D. ATVs being operated on town highways shall be operated with head lights on and in single file on right hand shoulder, with no passing of another moving ATV or motor vehicle allowed.
E. All-terrain vehicles shall not be operated on public bike paths or hiking trails or on V.A.S.T. snowmobile trails.
F. ATVs may not be operated within the Town between 9 P.M. and 7 A.M. Monday through Sunday, and only between the dates of May 15 and November 15.
G. ATVs shall not be operated on the Town’s recreation fields and beach, on the grounds of any town facilities, on the public green in the center of town, in any burial ground, on the school playground, or in the parking lot of any church in the Town.
SECTION V. PENALTIES.
First offense……………………………………… $25.00, waiver fee $15.00
Second offense…………………………………. $50.00, waiver fee $30.00
Third and each subsequent offense……… $100.00, waiver fee $75.00
SECTION VI. ENFORCEMENT. This is a civil ordinance and shall be enforced by any certified police officer through the Judicial Bureau
SECTION VII. 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.
SECTION VIII. EFFECTIVE DATE. This ordinance shall become effective 60 days after its adoption by the Brighton Selectboard and shall supersede and replace all previous ordinances regulating the time, manner, and location of operation of all-terrain vehicles. If a petition is filed under 24 V.S.A. § 1973, that statute shall govern the taking effect of this ordinance.