Elko City Zoning Code

TITLE 7

TRAFFIC

CHAPTER 5 RECKLESS DRIVING; DRIVING UNDER THE INFLUENCE1

(Rep. by Ord. 833, 8-14-2018)

7-1-1: BICYCLES TO BE REGISTERED:

Every person who owns and/or operates a bicycle within the limits of the city shall cause the ownership thereof to be registered with the office of the chief of police in accordance with the provisions of this chapter. (Ord. 140, 3-14-1961)

7-1-2: APPLICATION FOR REGISTRATION REQUIRED:

The owner of every bicycle shall, on or before January 10 of each calendar year, file with the chief of police an application for registration, setting forth the owner's name, address, residence and age; name and address of the owner's parent or guardian, if the owner is a minor; make of bicycle; serial number; the former owner's name or dealer's name from whom purchased, describing all extra equipment; and such other information as shall be required. (Ord. 140, 3-14-1961)

7-1-3: LICENSE:

The application shall be immediately acted upon by the chief of police and the bicycle shall be inspected as to its mechanical and safety condition. If the bicycle shall be approved by the chief of police, then upon the payment to the chief of police of the sum as set by resolution of the city council, he shall assign a registration number to each bicycle so registered and shall issue a metallic license plate which will contain the registration number, the year for which it was issued and such other identification, which shall be permanently attached to the bicycle; and shall deliver to the owner a registration receipt which shall set forth upon the face thereof the name and address of the owner of the registered bicycle, the maker and manufacturer's serial number. The receipt or certification of registration shall be signed in ink by the registered owner and a duplicate of such receipt of registration may be obtained from the chief of police by filing an affidavit of the loss or destruction of the receipt and upon payment of a fee as set by resolution of the city council. The chief of police shall remit to the city clerk prior to the first day of each month all money collected because of the registration and licensing. (Ord. 290, 8-26-1980)

7-1-4: ALTERING LICENSE:

It shall be unlawful for any person to alter any registration tag, plate or registration receipt issued in conformity with the provisions of this chapter. (Ord. 140, 3-14-1961)

7-1-5: SALE TO BE REPORTED:

In the event that a licensed bicycle is sold or transferred, the license tag, plate or other means of identification shall pass to the new owner in the sale, and the sale of the bicycle shall be reported to the chief of police by the new owner or transferee thereof, within five (5) days after the sale or transfer of the bicycle, and the chief of police shall make a record of the sale or transfer, together with the name of any new owner or transferee of the bicycle. (Ord. 140, 3-14-1961)

7-1-6: BICYCLES ON SIDEWALKS:

No person shall ride any bicycle on the sidewalks in the business district of the city. Bicycles may, however, be pushed upon the sidewalks. This prohibition shall not be applicable to police officers operating a bicycle while engaged in their assigned duties. In all other parts of the city, bicycles may be ridden upon the sidewalks, provided the riders follow all regulations as to the use. (Ord. 444, 5-10-1994)

7-1-7: PARKING OF BICYCLES:

No person shall park any bicycle between the curbs on any street in the business section. When bicycles are parked on any sidewalk, they shall be parked so as to leave a space of at least five feet (5') for the free passing of pedestrians and shall be parked in such a manner that they will not obstruct any entrance to any building open to the public. (Ord. 140, 3-14-1961)

7-1-8: PEDESTRIANS' RIGHT OF WAY:

Pedestrians shall at all times have the right of way upon the sidewalks and if necessary the riders of bicycles shall dismount and vacate the sidewalk in order to let the pedestrians pass. Such riders shall have their bicycles under control at all times. (Ord. 140, 3-14-1961)

7-1-9: BICYCLES TO OBEY TRAFFIC LAWS:

Every person riding a bicycle on the public streets, alleys or sidewalks shall at all times obey all stop lights and stop signs, and all other traffic signals and regulations, and shall be governed by the laws of the state relating to the operation on the public streets, alleys and sidewalks of vehicles so far as such laws apply to vehicles other than motor vehicles. (Ord. 140, 3-14-1961)

7-1-10: OPERATION REGULATIONS:

All persons owning or operating a bicycle shall be subject to the following rules and regulations:

A. Riding On Bicycles: A person operating a bicycle shall not ride other than upon or astride the permanent and regular seat attached thereto, nor carry any other persons upon such bicycle other than upon a firmly attached and regular seat thereon.

B. Number Of Persons Carried: No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

C. Speed: No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.

D. Riding On Right: Every person operating a bicycle upon a roadway shall ride as near to the right hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

E. Emerging From Alley Or Driveway: The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right of way to all pedestrians approaching on the sidewalk or sidewalk area and, upon entering the roadway, shall yield the right of way to all vehicles approaching on the roadway.

F. Clinging To Vehicles: No person riding upon any bicycle shall attach the bicycle or himself to any vehicle upon a roadway.

G. Riding In A Group: Persons operating bicycles upon a roadway shall ride not more than two (2) abreast, and upon a sidewalk shall ride in a single file.

H. Carrying Articles: No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping both hands upon the handlebar.

I. Riding On Sidewalks: No person shall ride a bicycle upon a sidewalk when to do so interferes in any way with the convenience or safety of pedestrians.

J. Authority To Prohibit Riding On Sidewalk: The chief of police is authorized to erect signs on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person and when such signs are in place, no person shall disobey the same.

K. Courtesy To Pedestrians: Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right of way to any pedestrian, and shall give audible signal before overtaking and passing or before meeting such pedestrian.

L. Lamps And Reflectors On Bicycle: Every bicycle when in use at nighttime shall be equipped with a lamp on the front, which shall emit a white light visible from a distance of at least three hundred feet (300') to the front, and with a red reflector on the rear, which shall be visible from all distances from fifty (50) to three hundred feet (300') to the rear, when directly in front of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of three hundred feet ( 300') to the rear may be used in addition to the red reflector.

M. Brakes On Bicycles: Every bicycle shall be equipped with a brake, which will enable the operator to make the braked wheel skid on dry, level, clean pavement. (Ord. 140, 3-14-1961)

7-1-11: IMPOUNDING OF BICYCLE:

In the event of the violation of any of the provisions of this chapter or any of the provisions of law for the operation of bicycles by any person under the age of eighteen (18) years, any police officer of the city, if the violation shall have occurred in his presence, shall immediately upon such violation take into his possession and impound the bicycle of the offender, and shall immediately and in any event within twenty four (24) hours, conduct a hearing as to the matter of such violation, and if he shall find such violation to have occurred, he shall make a notation thereof upon his official blotter and shall give an impounding receipt to the owner or operator of the bicycle showing the terms of the impounding, and shall impound the bicycle for the following periods: for the first violation, ten (10) days; for the second violation, twenty (20) days; for the third violation, thirty (30) days. (Ord. 140, 3-14-1961)

7-1-12: COMPLAINTS:

In the event of the violation of any of the provisions of this chapter by any person under the age of eighteen (18) years, which shall not have occurred in the presence of any police officer, but which shall be made the subject of a complaint to the officers in writing by any person, any of the police officers may, if the complaint is deemed responsible and justified, impound the bicycle of the claimed offender, and shall within twenty four (24) hours conduct a hearing into the subject of the violation after giving due notice to the claimed offender, and if he shall find the offense to have occurred, he shall issue an impounding receipt stating the terms of the impounding and shall make a notation thereof on his official blotter and shall impound the bicycle of the offender for the following periods: for the first violation, ten (10) days; for the second violation, twenty (20) days; and for the third violation, thirty (30) days. (Ord. 140, 3-14-1961)

7-1-13: DISPOSAL, SALE OF IMPOUNDED BICYCLES:

A. Authorized; Requirements: It shall be the duty of the chief of police to keep all lost or stolen bicycles that come into the possession of the police department or any of its members, and he shall make all reasonable effort to discover the owners thereof and restore the bicycles to such owners. He shall not be obliged to keep the bicycles longer than a period of ninety (90) days, and if the owner of such bicycle shall not be found within the period of ninety (90) days, the chief of police shall advertise in a newspaper of general circulation published in the city at least once each week for two (2) consecutive weeks, the sale of such bicycles, and may on the date specified in such advertisement, offer to the public at public auction all such bicycles which have been in his possession for ninety (90) days or more prior to such date, and may sell the same for the highest and best price obtainable. Should such bicycles not be sold at the sale, he shall so make record of same and then shall dispose of the bicycles in a manner which shall best serve the public interest.

B. Return To Owner During Notice Period: The chief of police shall have the right to return any bicycle to the owner thereof during the two (2) weeks period of the public notice of sale and prior to the time set for the public auction.

C. Report Of Sales: The chief of police shall make full report to the city clerk of the bicycles sold and amount of money received by him for same at any such sale, and the monies received at such sale shall be placed in the treasury of the general fund of the city. (Ord. 140, 3-14-1961)

7-2-1: PURPOSE, AMENDMENT, INTERPRETATION AND CONFLICT:

A. The purposes of this Title are to adopt, by reference, the traffic laws of NRS Chapters 484A through 484E. inclusive, as amended from time to time, to apply to the City insofar as such may be made applicable. In the event the City may not enact or exercise jurisdiction over various portions of any such laws by reason of preemption by State law or otherwise, those portions shall be of no force and effect within the Municipal Court of the City and may only be enforced as allowed by State law.

B. The City Council may amend the provisions adopted by reference at any time by ordinance as provided by law. In the event any of the State laws herein adopted are amended by the State, such amendments are hereby adopted by the City to the extent permissible by law. If amendments are made by the State and the foregoing is not sufficient to establish the City Code herein is thereby so amended, the City Council may adopt any such amendments as deemed desirable by resolution, which changes to the Code shall be effective upon approval thereof.

C. Whenever an adopted provision of NRS Chapters incorporated herein refers to another provision of the Nevada Revised Statutes, the referenced provision is also adopted by reference to the extent it is consistent with the purpose herein set forth. During the prosecution of a complaint involving a substantially continuous event that involves at least one misdemeanor established by this Chapter and additional violations which are civil infractions, the City may elect to treat all offenses/violations as misdemeanors and/or may treat offenses/violations as a combination of misdemeanors and/or civil infractions provided that the traffic laws of the State of Nevada do not prohibit such prosecution.

D. Violations of adopted provisions of NRS Chapters 484A through 484E, inclusive, within the City shall be deemed violations of this Chapter. The Municipal Court may exercise jurisdiction over any violation of NRS Chapters 484A through 484E, inclusive, which occurs within the City, regardless of whether the charging document alleges a specific violation of a provision of this Chapter under the City Code or a specific violation of a provision of NRS Chapters 484A through 484E, inclusive, and regardless of which law enforcement agency investigated the violation or instituted the charging document.

E. In the event of a conflict between any State law and any City code adopted in this Chapter, the State law shall prevail. (Ord. 877, 11-22-2022, eff. 1-1-2023)

7-2-2: TRAFFIC LAWS:

The City hereby adopts, by reference, NRS Chapters 484A through 484E, inclusive, as amended from time to time. The commission of any act within the limits of the City, or the failure to perform any act within the City, which is made a civil infraction or a misdemeanor by NRS Chapters 484A through 484E, inclusive, constitutes a violation of this section. Violations of any provisions or portions thereof of NRS 484A through 484E, inclusive, which may be made misdemeanors under NRS 484A through 484E, inclusive, are hereby made misdemeanors within the City under this City Code, which include, without limitation, NRS 484B.100, 484B.117, 484B.127, 484B.130, 484B.135, 484B.150, 484B.157, 484B.267, 484B.317, 484B.330, 4484B.600, 484B.607, 484B.650. 484B.653, 484B.657, and those provisions of Chapter 484C and Chapter 484E. All other violations shall constitute a civil infraction within the City. (Ord. 877, 11-22-2022, eff. 1-1-2023)

7-2-3: MANDATORY MOTOR VEHICLE INSURANCE:

The City hereby adopts the provisions of NRS 485.187, Unlawful Acts; Fines; Exceptions concerning mandatory motor vehicle insurance to the full extent such can be made applicable to the City. (Ord. 877, 11-22-2022, eff. 1-1-2023)

7-2-4: MISCELLANEOUS:

The City hereby adopts the following miscellaneous codes/provisions as part of the traffic laws of this Chapter:

A. Authority Of Police And Fire Department Officials:

1. Enforcement: It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all traffic laws of this city and all of the state vehicle laws applicable to traffic in this city.

2. Direct Traffic: Officers of the police department or such officers as are assigned by the chief of police are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.

3. Fire Officers: Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.

B. Copies From Police Department: In the event copies of public records are provided by the police department, such copies shall be charged at the rate of one dollar ($1.00) for the first page and twenty five cents ($0.25) for each additional page, unless otherwise provided by resolution of the City Council.

C. Traffic Engineer: The city engineer or such other person as may be designated by the City Manager shall act as the city traffic engineer for purposes of establishing any traffic related matters required under this Chapter.

D. Authority Of Police And Fire Department Officials:

3. Fire Officers: Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.

E. Public Employees To Obey Traffic Regulations: The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, a state, county or city, and it shall be unlawful for any said driver to violate any of the provisions of this chapter except as otherwise permitted in this chapter or by state statute.

F. Authority To Install Traffic Control Devices; Presumptions: The city engineer shall place and maintain or cause to be placed or maintained, traffic control signs, signals and devices when and as required under the traffic ordinances of this city and approved by the city council to make effective the provisions of this chapter, and may place and maintain such additional traffic control devices as he may deem necessary, with approval of the city council, to regulate traffic under the traffic ordinances of this city or under state law or to guide or warn traffic. Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority and to be in compliance with the legal requirements of this chapter, unless the contrary shall be established by competent evidence.

G. City Engineer To Designate Crosswalks, Establish Safety Zones And Traffic Lanes: The city engineer is hereby authorized to:

1. Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where in his opinion there is particular danger to pedestrians crossing the roadway, and at such other places as he may deem necessary.

2. Establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.

3. Mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. Where such traffic lanes have been marked, it shall be unlawful for the operator of any vehicle to refuse to keep such vehicle within the boundaries of any such lane except when lawfully passing another vehicle or preparatory to making a lawful turning movement.

H. Speed Regulations:

1. General Provisions:

a. Maximum Limits: No person shall drive a vehicle at a speed greater than:

(1) Fifteen (15) miles per hour in an area designated as a school zone except: a) on a day on which school is not in session; b) during the period from a half hour after school is no longer in operation to a half hour before school is next in operation; c) if the zone is designated by an operational speed limit beacon, during the hours when the pupils of the school are in class and the yellow lights of the speed limit beacon are not flashing in the manner which indicates that the speed limit is in effect; or d) if the zone is not designated by an operational speed limit beacon, during the times when the sign designating the school zone indicates that the speed limit is not in effect. The foregoing speed limits and restrictions also shall apply when passing any school grounds which are not separated from the street or highway by a fence, gate or any other physical barrier, while such grounds are in use by children.

(2) Twenty five (25) miles per hour on all streets, alleys and highways unless a different speed limit is posted pursuant to the provisions set forth in this code. All speed zones established for which signs have been posted for a rate of speed other than twenty five (25) miles per hour as of the effective date hereof are hereby ratified and approved subject to change pursuant to subsection C of this section.

(3) Establishment Of Speed Zones: Whenever the city engineer shall determine upon the basis of an engineering and traffic investigation that any maximum speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any highway, street, alley or other thoroughfare open to the public, the city engineer may determine and declare a reasonable and safe maximum limit thereat, which shall be effective upon approval of the city council and appropriate signs giving notice thereof are erected. Such maximum speed limit may be declared to be effective at all times or at such times as are indicated upon the said signs; and differing limits may be established for different times of day, different types of vehicles, varying weather conditions and other factors bearing on safe speeds, which shall be effective when posted upon appropriate fixed or variable signs.

(4) Exceeding Speed Limit Unlawful: The speed of any vehicle in excess of any of the limits specified herein or established as authorized in this chapter is unlawful.

b. Determination Of Speed: Any relevant evidence of speed is admissible, including, without being limited to, the following:

(1) Estimation by visual observation of a moving vehicle.

(2) The speedometer reading of a following vehicle at a speed not greater than the speed of the vehicle being followed.

(3) Readings from radar equipment designed for such purpose when the equipment has been tested with a tuning fork after being set up at the location where the reading was taken.

(4) Speed may be determined by a speedometer in the vehicle.

I. Careless Driving, Inattentive Driving And Required Turn Signal: The City adopts the following provisions concerning careless driving, inattentive driving and required turn signal to the extent permissible under State law:

1. Careless Driving: No person shall operate, drive or exercise control of a motor vehicle in other than a careful manner and with due regard to the safety and convenience of pedestrians and other vehicles and persons not so operating, driving or propelling the vehicle.

2. Inattentive Driving: No person shall operate a motor vehicle within the city in an inattentive manner. For purposes of this section, "inattentive manner" means the operation of a motor vehicle in a manner which evidences a lack of the degree of attentiveness required to safely operate the vehicle under the prevailing conditions, including, but not limited to, the nature and condition of the roadway, presence of other traffic, presence of pedestrians and weather conditions. It shall further include, without limitations, any driver whose vehicle, because of his driving error or negligent attention, collides with another vehicle, person or fixed object.

3. Required Turn Signal: No person shall turn a vehicle at an intersection, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a street, alley or highway until after giving a signal of such movement in the form required by state law, regardless of whether such turning movement may affect any other vehicle.

J. Permits For Promotional Use Of City Streets:

1. Upon proper application to the city, a permit may be granted by the city council for promotional use of a portion of a city street to display or exhibit prizes or educational materials not to be offered for sale. The permit is discretionary with the city council who shall consider traffic interruptions and pedestrian safety before passing on such permit. Each application is to be considered on its own merits with no application to issue for displays of vehicles or materials held for sale.

2. A. Application; Information Required: Each application to the city for promotional use of a portion of a city street, alley or highway is to contain the following information:

a. Name and address of applicant.

b. Exact description of the portion of which city street, alley or highway is to be used.

c. Type of promotional materials to be placed in city street, alley or highway.

d. Proposed promotional purpose.

e. Proposed period of time that the portion of the city street, alley or highways are to be used.

3. Fees: Each applicant will pay to the city the sum as set by resolution of the city council, before such permit for promotional use of the city streets, alleys or highways will be considered, except that such fees may be waived for nonprofit organizations.

4. Permits: Upon approval of the city council, the chief of police will issue a permit for promotional use of a specified portion of a particular city street, alley or highway. Such permit shall set forth:

a. Name and address of permittee (nontransferable).

b. Exact description of that portion of which city street, alley or highway is to be used for promotional purposes.

c. Limitations on types of materials or promotional schemes to be used on the street, alley or highway.

d. Limitation of time that permit is to be valid, not to exceed ninety (90) days.

e. Any other conditions of the permit that the city council deems necessary to preserve the health, safety and welfare of persons or places of business.

5. Termination: All permits are discretionary with the city council and may be terminated by the city council for any reason detrimental to the orderly affairs of the city or the health and safety of its inhabitants.

K. Permits Required For Parades, Processions And Assemblages:

1. Permit Required: A permit is required for all parades, processions or assemblages which will occupy, march or proceed along or over any street, alley or highway within the city, except those parades, processions and assemblages of forces of the United States armed services, military forces of the state and forces of the county and city police and fire departments.

2. Application; Issuance Conditions: Upon proper application to the chief of police, a permit may be granted by the chief of police with the concurrence of the city manager or city engineer for a parade, procession or assemblage upon certain alleys, streets or highways within the city. Before granting a permit, the chief of police, city manager and city engineer shall consider traffic interruptions and pedestrian safety before passing on such permit. Any permit may be terminated or revoked for any reason detrimental to the public health, safety or welfare of the city or its inhabitants.

3. Information Included In Application: Applications shall include:

a. Name and address of applicants.

b. Exact description of those portions of city streets, alleys or highways to be utilized.

c. Proposed period of time that portions of city streets, alleys or highways are to be utilized.

d. Proposed purpose of such parade, procession or assemblage.

4. Fees: Each applicant shall pay to the city the sum as set by resolution of the city council, before such permit will be considered, except such fee may be waived for nonprofit organizations by the chief of police with the concurrence of the city manager or city engineer.

5. Permit: The chief of police shall issue all permits which terms and conditions shall contain:

6. Name and address of permittee (nontransferable).

7. Exact description of that portion of the city streets, alleys or highways which are to be utilized.

8. Limitations and conditions regarding the use of said streets, alleys or highways.

9. Specific time that permit is valid, not to exceed twenty four (24) hours.

10. Any other conditions the chief of police and the city manager or city engineer deem necessary to preserve the health, safety and welfare of the city and its inhabitants.

11. Regulation And Enforcement: All parades, processions and assemblages for which a permit is issued shall be regulated by the police department through the chief of police.

12. Appeal: Any person whose application for a parade permit has been denied or revoked by the chief of police may appeal to the city council for a hearing to show cause why the parade permit should be issued or should not be revoked. Such appeal must be filed with the city clerk on or before the thirtieth day following such denial or revocation. Such appeal shall be heard by the city council at the earliest next regular meeting that will allow for proper notice under the state open meeting law. At such hearing, the city council shall receive such evidence and take such testimony as it deems necessary. After such hearing, the city council shall review the testimony taken and any other evidence submitted and shall announce its decision sustaining or reversing the denial or revocation of the parade permit.

L. Police Officers Authorized To Remove Vehicles:

1. Whenever any police officer finds a vehicle standing upon a highway, street or alley in violation of any of the provisions of this chapter, such officer may move such vehicle, or require the driver or person in charge of the vehicle to move it to a position off the paved or improved or main traveled part of such highway, street or alley.

2. Whenever any police officer finds a vehicle unattended upon any highway, street, alley, bridge or causeway, or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer may provide for the removal of such vehicle in any manner provided by law.

3. Any police officer may remove any vehicle or part of a vehicle found on the highway, street or alley, or cause it to be removed, to the nearest garage or other place of safekeeping if:

a. The vehicle has been involved in an accident and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle; or

b. The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; or

c. Whenever any police officer provides for the removal of any vehicle pursuant to this section and has probable cause to believe that the vehicle or its contents constitute any evidence which tends to show that a criminal offense has been committed, or tends to show that a particular person has committed a criminal offense, the police officer shall take such steps as may be required by law and reasonably necessary to preserve the evidence, including, but not limited to, safe storage, until the evidence is released to the owner or otherwise disposed of according to law.

M. Towing Cars Away:

1. Authority: The police department, and all members thereof assigned to traffic duty, are hereby authorized to remove and tow away, or have removed and towed away by commercial towing service, any vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant, obstructs or may obstruct the movement of any emergency vehicle, is in a fire lane or parked in any location prohibited by this chapter.

2. Storage; Return To Owner: Vehicles so towed away for illegal parking shall be stored in a safe place and may be restored to the owner or operator of such vehicle upon payment of a fee as set by resolution of the city council, within twenty four (24) hours after the time such car was removed, plus a fee as set by resolution of the city council for each additional twenty four (24) hours or fraction thereof, plus all costs incurred for towing and storing such vehicle.

N. Parking Of Truck-Tractors And Trailers:

1. Definitions: As used in this section:

TRAILER:	As defined by Nevada Revised Statutes section 482.125. The definition at the time of the adoption hereof is every vehicle without motive power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.
TRUCK- TRACTOR:	As defined by Nevada Revised Statutes section 482.130. The definition at the time of the adoption hereof is every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

2. Parking:

a. It is a violation for any truck-tractor or trailer with an individual gross vehicle weight rating in excess of twenty six thousand one (26,001) pounds to be parked or left unattended upon any highway, street, alley, city public parking area, and/or public property under the jurisdiction of the city, unless the parking of any such truck-tractor or trailer falls within any of the exception set forth in this chapter.

b. It is a violation for any trailer with a gross vehicle weight rating in excess of twenty six thousand one (26,001) pounds to be detached from a truck-tractor and left parked or unattended upon any highway, street, alley, city public parking area, and/or public property under the jurisdiction of the city.

c. The driver or registered owner of any truck-tractor or trailer shall be liable for any violations of the provisions of this of this chapter.

d. Exceptions for parking of truck-tractors or trailers:

(1) "Truck-tractors" or "trailers", this chapter, may be parked on highways, streets or alleys within the jurisdiction of the city under any of the following conditions:

(A) Generally: Any such vehicles involved in the expeditious loading or unloading of materials, goods or products; all truck-tractors or trailers owned or operated by the city, any public utility, or any contractor while engaged in the repair, maintenance or construction of city streets, street improvements or street utilities within the city.

(B) Special Parking Permit: The city manager or designee may at their discretion, upon application in writing, filed with the city clerk, issue a special parking permit stating the conditions for and authorizing the applicant to park a designated number of truck-tractors or trailers on certain streets or alleys within the jurisdiction of the city as long as the applicant meets the conditions set forth in the permit and the applicant has a fixed place of business located within the city, which is the applicant's principal place of business.

(D) An application fee for the permit shall be established by resolution of the city council and included in the appendix to this code. The application form shall also be approved by resolution of the city council.

(2) Every public street parking permit issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. Permits for public street parking are nontransferable and do not run with the land.

(3) Parking of a truck-tractor or trailer by a property owner shall be allowed only along their own property frontage.

(4) Permits shall be subject to periodic review by the city for compliance.

(5) The procedure and time periods for filing and obtaining a public street parking permit are as follows:

(A) The application for the permit must:

(B) Specifically describe the type and number of truck-tractors and/or trailers which may be parked on the public street or alley.

(D) State the days of the week and the hours of the day when the vehicles may be parked on designated streets or alleys.

(E) State that the public street or alley parking shall be confined to the area depicted on the map.

(F) Certify that there will be no other use of the public parking space or other activity conducted from the area of the public street or alley designated for the parking.

(G) Acknowledge that the public parking permit does not guarantee the applicant that the public parking area will be available at all times.

(H) Acknowledge that no signs or other indications of commercial activity will be permitted in the public street.

(I) Certify that the public street parking space shall not generate vehicular or pedestrian traffic visibility problems, block driveways or other safety issues.

(J) Certify that the character of the public street parking area shall be maintained in appearance and cleanliness.

(K) Certify that no vehicles parked shall produce excess noise, odor, dust or smoke.

(6) Procedure and time limitations for obtaining a permit include:

(A) The city manager or duly authorized representative shall make a determination on the application within ten (10) days of receiving the completed application and all required information.

(B) Any denial of an application by the city manager shall include, in writing, the reason for such denial.

(C) The decision to grant or deny a public street parking permit may be appealed by the applicant or any interested party to the city council. A written appeal from the applicant or interested party shall be filed with the city clerk within ten (10) days of the date of the decision of the city manager to deny or grant the permit. In the event of any such appeal, the notice requirements and procedures set forth in section 3-2-25 of this code shall be followed. The city council shall hear and consider facts and evidence from any persons or material presented and shall consider any relevant written communications from any persons at the appeal. (Ord. 877, 11-22-2022, eff. 1-1-2023)

7-3-1: TITLE:

This chapter may be cited as the ELKO ABANDONED VEHICLE CODE. (Ord. 252, 7-12-1977)

7-3-2: DEFINITION:

"Department" means the Nevada state department of motor vehicles. (Ord. 252, 7-12-1977)

7-3-3: RESPONSIBILITY FOR REMOVAL AND DISPOSITION OF ABANDONED VEHICLES:

Every person who abandons a vehicle is responsible for the cost of removal and disposition of such vehicle. An abandoned vehicle is presumed to have been abandoned by the registered owner thereof. The registered owner may not rebut this presumption by showing that he transferred his interest in the abandoned vehicle unless he complied with the provisions set forth in Nevada Revised Statutes sections 482.399 through 482.420, inclusive. (Ord. 252, 7-12-1977)

7-3-4: AUTHORITY FOR REMOVAL OF ABANDONED VEHICLES:

Any police officer of the city, who has reason to believe that a vehicle has been abandoned within the city, may remove such vehicle from any public property or, at the request of the owner or person in possession or control of any private property, from such private property. Any person who removes an abandoned vehicle pursuant to this section shall take such vehicle to the nearest garage or other place designated by the chief of police for storage. (Ord. 252, 7-12-1977)

7-3-5: APPRAISAL REQUIREMENT:

The chief of police shall have the vehicle appraised within five (5) days of its removal by a person designated by the chief of police. (Ord. 252, 7-12-1977)

7-3-6: NOTICE REQUIREMENTS:

The chief of police shall, within forty eight (48) hours after the appraisal:

A. Notify the director of the department of the removal of the vehicle. Such notice shall contain:

1. A description of the vehicle.

2. The appraised value of the vehicle.

3. A statement as to whether the vehicle will be junked, dismantled or otherwise disposed of.

B. Notify the registered owner and any person having a security interest in the vehicle by registered or certified mail that the vehicle has been removed and will be junked or dismantled or otherwise disposed of unless the registered owner or the person having a security interest in the vehicle responds and pays the costs of removal.

C. Failure to reclaim within fifteen (15) days after official notification, a vehicle appraised at two hundred dollars ($200.00) or less, constitutes a waiver of interest in the vehicle by any person having an interest in the vehicle.

D. If all recorded interests in the vehicle appraised at two hundred dollars ($200.00) or less is waived, either as provided in this section or by written disclaimer by any person having an interest in the vehicle, the department shall issue a certificate of dismantling to the automobile wrecker to whom the vehicle may have been delivered or a certificate of ownership to the garage owner if he elects to retain the vehicle and the vehicle is equipped as required as in Nevada Revised Statutes chapter 484. (Ord. 252, 7-12-1977)

7-3-7: DISPOSITION OF VEHICLES APPRAISED AT VALUE EXCEEDING TWO HUNDRED DOLLARS:

If the vehicle is appraised at a value of more than two hundred dollars ($200.00), the chief of police shall dispose of it as provided in section 7-3-8 of this chapter. (Ord. 252, 7-12-1977)

7-3-8: LIEN ON STORED VEHICLE:

Whenever a vehicle has been removed to a garage or other place as provided by section 7-3-4 of this chapter, the owner of the garage shall have a lien on the vehicle for the cost of towing and storing for a period not exceeding ninety (90) days. If the vehicle is appraised at a value of two hundred dollars ($200.00) or less and is not reclaimed within the period prescribed in section 7-3-6 of this chapter, the owner of the garage may satisfy his lien by retaining the vehicle and obtaining a certificate of ownership thereto as provided in section 7-3-6 of this chapter. If the vehicle is appraised at a value of more than two hundred dollars ($200.00) and is not reclaimed within ninety (90) days, the owner of the garage may satisfy his lien, in accordance with the provisions of Nevada Revised Statutes sections 108.267 through 108.360, inclusive. (Ord. 252, 7-12-1977)

7-3-9: UNLAWFUL ABANDONMENT OF VEHICLES:

No person may abandon a vehicle upon any public highway or road. No person may abandon a vehicle upon public or private property without the express or implied consent of the owner or person in lawful possession or control of such property. (Ord. 252, 7-12-1977)

7-3-10: UNLAWFUL POSSESSION OF UNREGISTERED VEHICLES UNFIT FOR USE; EXCEPTIONS:

A. Unless he first obtains a license pursuant to Nevada Revised Statutes section 487.050, no person may for any reason keep more than two (2) unregistered vehicles on real property owned by him or under his possession or control if such vehicles are no longer intended for or in condition for lawful use on the highway.

B. The provisions of this section do not apply to:

1. Premises used by licensed dealers, manufacturers or rebuilders.

2. Vehicles to be stored or used as a source for parts in conjunction with the operation or maintenance of a fleet of vehicles for the carriage of persons or property.

3. Premises used as a farm, ranch, mine or motor vehicle repair shop.

4. Any person engaged in the restoration of one or more vehicles entitled to registration as a horseless carriage or otherwise having classic or historic significance. (Ord. 252, 7-12-1977)

7-3-11: PENALTIES:

Every person violating any of the provisions of this chapter shall, upon conviction therefor, be punished as provided in title 1, chapter 3 of this code. Each violation of the provisions of this chapter shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 252, 7-12-1977)

7-4-1: DEFINITIONS:

The following terms whenever used in this chapter shall have the meaning indicated:

HIGHWAY: The entire width between the boundary lines of every way maintained by a public authority when any part thereof is open to the use of the public for purposes of vehicular traffic.

MOPED: A vehicle which looks and handles essentially like a bicycle and can be propelled either by peddling or by a small engine and: 1) is designed to travel with not more than three (3) wheels in contact with the ground, but is not a tractor; and 2) is capable of a maximum speed of not more than thirty (30) miles per hour on a flat surface with not more than one percent (1%) grade in any direction when the motor is engaged.

MOTORCYCLE: Every motor vehicle equipped with a seat or saddle for the use of the driver and designed to travel on not more than three (3) wheels in contact with the ground, including a power cycle, but excluding a tractor and a moped. (Ord. 247, 5-24-1977)

7-4-2: DRIVER'S LICENSE; EXCEPTION:

Except for a nonresident who is at least sixteen (16) years of age and is authorized by the state of his residency to drive a motorcycle, a person shall not drive a motorcycle upon a highway unless such person holds a valid motorcycle driver's license issued pursuant to the laws of the state which authorize such person to drive or operate said motorcycle. (Ord. 247, 5-24-1977)

7-4-3: OPERATION:

A motorcycle or moped shall not be driven upon a highway while carrying more than one person unless such motorcycle or moped is designed to carry more than one person. A passenger shall ride either behind the driver and astride the permanent or regular seat which was designed for two (2) persons, or astride another seat firmly attached at the rear of the driver or in a sidecar attached. Every such motorcycle or moped designed for transporting a passenger shall be equipped with footrests adjusted to fit such passenger. (Ord. 247, 5-24-1977)

7-4-4: OPERATIONS PROHIBITED; EXCEPTIONS:

No driver of a two (2) or three (3) wheel vehicle shall carry any other person on, upon or within such vehicle on any street or highway in the city, except as hereinafter provided; provided, however, that if any two (2) or three (3) wheel motor vehicle shall have either a double seating device with double foot rests or a sidecar attachment providing a separate seat space with such sidecar attachment for each person riding therein so that such person shall be seated entirely within the body of said sidecar, then it shall be permissible for an operator who has attained the age of fifteen (15) years or has had an operator's license for at least six (6) months to carry a passenger. A demonstration ride by a licensed dealer or his employee is excepted from the provisions hereof. No motorcycle or moped shall be ridden upon any sidewalk of the city. Handlebars on motorcycles and mopeds shall not exceed twelve inches (12") in height, measured from the crown or point of attachment. No person shall operate any motorcycle or moped equipped with handlebars that are more than fifteen inches (15") in height above that portion of the seat occupied by the driver and depressed by the weight of the driver. No rider of a motorcycle or moped shall hold to any moving vehicle for the purpose of being propelled. No driver of a motorcycle or moped shall pass other vehicles in between lanes of traffic traveling in the same direction, authorized emergency vehicles excepted. (Ord. 247, 5-24-1977)

7-4-5: SPEED:

No person shall operate any motorcycle or moped at a speed greater than the speed limit legally posted; provided, however, at no time may an operator under the age of fifteen (15) years or who has had an operator's license for less than six (6) months operate a motorcycle or moped at a speed greater than thirty five (35) miles per hour. (Ord. 247, 5-24-1977)

7-4-6: EQUIPMENT REQUIRED:

The following equipment shall be required on all motorcycles and all mopeds except on actual trail rides conducted outside of public roads and highways:

A. Rear View Mirrors: All motorcycles and mopeds covered under this chapter shall be equipped with two (2) mirrors, containing a reflection surface of not less than three inches (3") in diameter, mounted one on each side of the vehicle and positioned so as to enable the operator to clearly view the highway for a distance of two hundred feet (200') to the rear of his vehicle.

B. Windshield: All motorcycles and mopeds covered under this chapter shall be equipped with a windshield of sufficient quality, size and thickness to protect the operator from foreign objects, except that in lieu of such windshield the operator shall wear glasses, goggles, or face shield of material and design to protect him from foreign objects.

C. Brakes: All motorcycles and mopeds covered under this chapter shall be equipped with brakes adequate to control the movement of same to stop and hold such vehicles, including two (2) separate means of applying brakes; one means shall be effective to apply the brakes to the front wheel and one means shall be effective to apply the brakes to the rear wheels. All such vehicles shall be equipped with a stop lamp on the rear of the vehicle, which shall display a red or amber light, or any shade of color between red and amber, visible from a distance of not less than one hundred feet (100') to the rear in normal sunlight, and which shall be actuated upon application of the rear service brakes.

D. Speedometer: All vehicles covered under this chapter shall be equipped with a properly operating speedometer capable of registering at least a maximum legal speed limit for that vehicle.

E. Fenders: All vehicles covered under this chapter shall be equipped with a fender over each wheel. All fenders shall be of the type provided by the manufacturer, but can be made of other material.

F. Lights: All vehicles covered under this chapter shall carry at least one lighted headlamp capable of showing a white light visible at least five hundred feet (500') in the direction in which the same are proceeding, and one taillamp mounted on the rear which when lighted, shall emit a red light plainly visible from at least five hundred feet (500') to the rear, and such lights required by this subsection shall be burning whenever such vehicles are in motion during the period from one-half (1/2) hour after sunset and one-half (1/2) hour before sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the streets are not clearly discernible at a distance of at least one thousand feet (1,000') ahead. Every such headlamp on a vehicle covered under this subsection shall be located at a height of not more than fifty four inches (54") or less than twenty four inches (24") from the ground as measured from the center of the lamp to the level ground upon which such vehicle stands without a load.

G. Muffler: Every motorcycle and moped operated or driven on public highways of the city shall be equipped with a muffler or silencer which will reduce the sound of the explosion of the engine to the greatest possible degree; provided, that it shall be unlawful for any person to drive or operate or permit to be driven or operated any motor vehicle at any time with the muffler cut out or not in operation.

H. Headgear: No person under the age of seventeen (17) years shall operate or ride upon any vehicle covered under this chapter unless such person is equipped with and wearing on the head a safety helmet of the type and design manufactured for the use of the operators of such vehicles. A swell foundation approved type safety helmet or the equivalent is acceptable. All safety helmets shall consist of lining, padding and chinstraps and be of the type as not to distort the view of the driver. The chinstrap shall be fastened in place.

I. Shoes: No person shall operate or ride upon any vehicle covered under this chapter unless such person is wearing protective foot covering. Sandals, thongs and open toed shoes are not considered protective foot covering.

J. Exceptions: This section shall not apply to operators or passengers of three (3) wheeled vehicles which have an enclosed passenger compartment.

K. Reflectors: Every motorcycle and moped shall carry on the rear at least one reflector, which shall be mounted at a height not less than twenty inches (20") or more than sixty inches (60") from the ground as measured from the center of the reflector to the level ground upon which such motorcycle or moped stands without a load. Each such reflector shall be of a size and character and so mounted as to be visible at night from all distances within three hundred feet (300') when directly in front of lawful lower beams of headlamps.

L. Turn Signals: Every motorcycle manufactured after January 1, 1973, which is sold or offered for sale and which is intended to be operated upon the highways of this state, shall be equipped with electric turn signal lamps. Such lamps shall be located on the front and rear and shall indicate an intention to turn by flashing lights in the direction toward which the turn is to be made. The lamps showing to the front shall be mounted on the same level and as widely spaced laterally as practicable and, when signaling, shall emit a white or amber light, or a shade of light between white and amber. The lamp showing to the rear shall be mounted on the same level and as widely spaced laterally as practicable, and, when signaling shall emit a red or amber light, or any shade of light between red and amber. (Ord. 247, 5-24-1977)

7-4-7: PENALTIES:

Any person violating any provisions of this chapter shall, upon conviction therefor, be punished as provided in title 1, chapter 3 of this code. (Ord. 261, 6-27-1978)

7-6-1: DEFINITIONS:

The following words, terms, and phrases, and their derivations, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning:

HIGHWAY:	The entire width between the boundary lines of every way maintained by a public authority when any part of such way is open to the use of the public for purposes of vehicular traffic.
LARGE ALL-TERRAIN VEHICLE:	Any all-terrain vehicle that includes seating capacity for at least two (2) people abreast and either:
	A. At least two (2) additional back seats such that there is a total seating capacity for at least four (4) people; or
	B. A truck bed located behind the two (2) front seats.
OFF HIGHWAY VEHICLE:	A motor vehicle that is designed primarily for off-highway and all-terrain use.
	A. The term includes, but is not limited to:
	1. An all-terrain vehicle, including, without limitation, a large all-terrain vehicle without regard to whether that large all-terrain vehicle is registered by the Department of Motor Vehicles in accordance with NRS 490.0825 as a motor vehicle intended to be operated upon the highways of this State;

OFF HIGHWAY	2. An all-terrain motorcycle;
VEHICLE: (cont.)	3. A dune buggy;
	4. A snowmobile; and
	5. Any motor vehicle used on public lands for the purpose of recreation.
	B. The term does not include:
	1. A motor vehicle designed primarily for use in water;
	2. A motor vehicle that is registered by the Department of Motor Vehicles in accordance with Chapter 482 of NRS;
	3. A low-speed vehicle as defined in NRS 484B.637; or
	4. Special mobile equipment, as defined in NRS 482.123.
TOW:	To transport an off-highway vehicle to a storage facility using a truck or other vehicle suitable for such purpose.
TRAIL:	An unpaved path or track across unimproved land that is authorized for use by off-highway vehicles.
TRAIL CONNECTOR:	A route not more than two (2) miles in length and designated by resolution that permits off-highway vehicles to travel to and from one (1) or more trails. (Ord. 844, 10-8-2019)

7-6-2: OPERATOR REQUIREMENTS:

A. Except as otherwise provided in this Chapter or under State law, a person may operate an off-highway vehicle on a highway that is designated as an off-highway vehicle route by resolution of the City Council for the purpose of reaching a private or public area that is open for use by off-highway vehicles.

B. No person under the age of sixteen (16) shall operate an off-highway vehicle on any highway.

C. No person shall operate an off-highway vehicle on any highway unless:

1. The person possesses a valid motor vehicle operator's license in compliance with State law;

2. The person possesses evidence of liability insurance coverage for the off-highway vehicle to the extent such insurance coverage and evidence of coverage are required by NRS Chapter 490;

3. A certificate of registration is attached to the off-highway vehicle; provided, a certificate of registration is not required for an off-highway vehicle which:

a. Is owned and operated by:

(1) A federal agency;

(2) An agency of this state; or

(3) A county, incorporated city or unincorporated town in this state;

b. Is part of the inventory of a dealer of off highway vehicles;

c. Is registered or certified in another state and is located in this state for not more than ninety (90) days;

d. Is used solely for husbandry on private land or on public land that is leased to the owner or operator of the off-highway vehicle; or

e. Is used for work conducted by or at the direction of a public or private utility.

D. No person shall operate an off-highway vehicle on a highway for a distance of more than two (2) miles.

E. Except as otherwise provided in subsection E.2 and in addition to the requirements set forth in NRS 490.070, a person shall not operate an off-highway vehicle on a highway unless the off-highway vehicle has:

1. At least one (1) headlamp that illuminates objects at least five hundred feet (500') ahead of the vehicle;

2. At least one (1) tail lamp that is visible from at least five hundred feet (500') behind the vehicle;

3. At least one (1) red reflector on the rear of the vehicle, unless the tail lamp is red and reflective;

4. A stop lamp on the rear of the vehicle; and

5. A muffler which is in working order and which is in constant operation when the vehicle is running.

F. A person shall not, except as otherwise provided in this Subsection F, operate an off-highway vehicle on a highway that is not otherwise designated for use by off-highway vehicles. A person may operate an off-highway vehicle on a highway that is not otherwise designated for use by off-highway vehicles:

1. If the off-highway vehicle is operated on the highway for the purpose of crossing the highway, comes to a complete stop before crossing and crosses as close as practicable to perpendicular to the direction of travel on the highway;

2. If the off-highway vehicle is operated on the highway for the purpose of loading or unloading the off-highway vehicle onto or off of another vehicle or trailer, if the loading or unloading is as close as practicable to the place of operation of the off-highway vehicle; or

3. During an emergency if it is impossible or impracticable to use another vehicle or if a peace officer directs the operation of the off-highway vehicle.

4. If the off-highway vehicle is operated on a portion of highway that is designated as a trail connector for a trail authorized for use by off-highway vehicles for not more than two (2) miles. (Ord. 844, 10-8-2019)

7-6-3: ADDITIONAL RESTRICTIONS REGARDING DRIVING OR OPERATING OFF-HIGHWAY VEHICLES:

A. No person who is sixteen (16) years of age or older who owns or possesses an off-highway vehicle may give another person who is under sixteen (16) years of age permission to operate the off-highway vehicle on any highway without regard to whether the highway is designated as an off-highway vehicle route.

B. The operator and each occupant of an off-highway vehicle that is being driven on a highway shall wear a helmet.

C. The operator of an off-highway vehicle shall comply with the Elko Traffic Code (Title 7, Chapter 2). (Ord. 844, 10-8-2019)

7-6-4: GENERAL RULES AND REGULATIONS:

A. No person shall leave or allow any off-highway vehicle to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.

B. It shall be unlawful for any person operating an off-highway vehicle to make, permit, continue or cause to be made or to create any unreasonably loud, disturbing and unnecessary noise that is audible to a person with ordinary hearing within one hundred fifty feet (150') of any district zoned residential. (Ord. 844, 10-8-2019)

7-6-5: DESIGNATED OFF-HIGHWAY VEHICLE ROUTES:

A. Off-highway vehicles shall only be used and operated on highways and trails that are designated as off-highway vehicle routes or trail connectors by resolution of the City Council.

B. The City may post signs establishing designated crossing routes over streets, roads and highways whether or not designated as off-highway vehicle routes.

C. No person shall operate an off-highway vehicle on a sidewalk. (Ord. 844, 10-8-2019)

7-6-6: ENFORCEMENT:

A. A violation of this Chapter shall constitute a criminal offense. Any person violating any provision of this Chapter shall, upon conviction therefor, be punished as provided in Title 1, Chapter 3 of this Code.

B. Conviction of three (3) violations of this Chapter by an owner or operator of an off-highway vehicle within a three (3) year period shall constitute prima facie evidence of a nuisance and the Court may make such orders as it deems necessary to abate such nuisance, including, without limitation, an order prohibiting the owner or operator from operating or permitting others to operate an off-highway vehicle on highways within the City.

C. The responsibility for compliance with the provisions of this Chapter shall rest with:

1. The operator of the off-highway vehicle, and

2. The owner of the off-highway vehicle who contributes to a violation, or who enables or induces an operator to commit a violation, in which event the operator and owner may be jointly or severally prosecuted for the violation.

D. It shall not be a defense to an alleged violation of this Chapter that the owner or operator of the off-highway vehicle is a minor.

E. A parent or guardian who fails to properly supervise a minor and thereby permits the minor to violate this Chapter may be held liable for the violation committed by the minor. (Ord. 844, 10-8-2019)

7-6-7: TOWING AND STORAGE OF OFF-HIGHWAY VEHICLES:

A. Off-highway vehicles may be towed and stored by the City subject to this Section.