[HISTORY: Adopted by the Town Meeting of the Town of Salem 3-15-2003 (Ch. 162 of
the 1995 Code). Amendments noted where applicable.]
For purposes of this chapter, "off-highway recreational vehicle"
shall have the meaning provided in RSA 215-A:1, VI.
B.
No person
shall operate an off-highway recreational vehicle:
(1)
In
excess of 25 miles per hour during night hours within the Town of
Salem, New Hampshire. As used in this subsection, "night hours" means
the hours between 1/2 hour after sunset and 1/2 hour before sunrise.
(2)
Upon
any portion of the right-of-way of any public way, including the traveled
portion of a maintained public way, except as provided in this chapter.
(3)
Within
the limits of any railroad right-of-way where the rails are still
intact unless otherwise posted, except in any emergency pursuant to
the provisions of RSA 215-A:9, VII; provided, however, that an off-highway
recreational vehicle may be driven upon the right-of-way of any railroad
for a crossing of the tracks at their intersection with an authorized
trail, road or highway where an off-highway recreational vehicle is
not otherwise prohibited. Any person violating the provisions of this
subsection shall be guilty of a violation for the first offense and
shall be guilty of a misdemeanor for any subsequent offense.
(4)
Upon
any airport runway or landing field, or within cemeteries, except
in an emergency pursuant to the provisions of RSA 215-A:9, VII. Any
person violating the provisions of this subsection shall be guilty
of a violation for the first offense and shall be guilty of a misdemeanor
for any subsequent offense.
(5)
On
the right-of-way of any public way classified as a Class I highway
and designated as an interstate highway, toll road or limited access
highway.
C.
When meeting,
the operators of off-highway recreational vehicles shall reasonably
turn to the right and reduce speed to avoid collision.
A.
No person shall operate an off-highway recreational vehicle at a
speed greater than is reasonable and prudent under the existing conditions
and without regard for actual and potential hazards. In all cases
speed shall be controlled so that the operator will be able to avoid
colliding with any person, vehicle, or object.
B.
Where no hazards exist which would require a lower speed to comply with Subsection A, the speed of any off-highway recreational vehicle in excess of the limit specified in this section shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
(1)
Ten miles per hour within 150 feet of any so-called bob-house, fishing
shanty or occupied fishing hole of another.
(2)
Ten miles per hour on Class I through VI highways when the off-highway
recreational vehicle is being operated within the rights-of-way adjacent
to such highways; town or city sidewalks; Class IV, V, and VI highways
approved for off-highway recreational vehicle operation; and bridges
open for off-highway recreational vehicle operation.
(3)
Ten miles per hour at trail junctions or parking lots or when passing
trail grooming equipment.
(4)
Ten miles per hour within 150 feet of any person unless operating
in a designated area.
(5)
Fifteen miles per hour on plowed roads on Department of Resources
and Economic Development property open to off-highway recreational
vehicle operation.
(6)
Thirty-five miles per hour on all trail connectors.
(7)
Forty-five miles per hour when operating an off-highway recreational
vehicle on any approved off-highway recreational vehicle trail.
D.
The driver of every off-highway recreational vehicle shall, consistent with the requirements of Subsection A, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding trail, and when a special hazard exists with respect to pedestrians or other traffic by reason of weather or trail conditions.
Pursuant to RSA 215-A:15, towns and cities may authorize the
use of sidewalks and Class IV, Class V or Class VI highways and bridges,
or portions thereof, for use by off-highway recreational vehicles.
The operation of off-highway recreational vehicles may also be allowed
on sidewalks adjacent to Class I, Class II, Class III, or Class III-a
highways pursuant to RSA 236:56, II(e). Operators of off-highway recreational
vehicles using said roads, or portions thereof, shall keep to the
extreme right and shall yield to all conventional motor vehicle traffic.
The Bureau of Trails, or its designee, shall so post such highways
where authorized.
A person may operate an off-highway recreational vehicle across
any public way where the operation of said off-highway recreational
vehicle is not otherwise prohibited by law, but said person shall
comply with the following provisions:
A.
The crossing shall be made at an angle of approximately 90° to
the direction of the public way and at a place where no obstruction
prevents a quick and safe crossing;
B.
The operator shall bring the off-highway recreational vehicle to
a complete stop before crossing the shoulder or, if none, the public
way, before proceeding;
C.
The operator shall yield the right-of-way to all motor vehicle traffic
on such public way which constitutes an immediate hazard to such crossing;
and
D.
The operator shall possess a valid motor vehicle driver's license
or shall have successfully completed the approved off-highway recreational
vehicle safety training course.
Only all-terrain vehicles as defined by RSA 215-A:1, I-b, trail
bikes as defined by RSA 215-A:1, XIV, and snow traveling vehicles
as defined by RSA 259:102 may be operated on any frozen surface of
any public body of water within the Town of Salem, New Hampshire.
Any person violating any provisions of this chapter shall be
punishable by a fine as authorized under RSA 215-A, Off Highway Recreational
Vehicles and Trails.
