[HISTORY: Adopted by the Board of Commissioners of Otero County 7-5-2016 by Ord. No. 16-06; amended in its entirety 11-18-2022 by Ord. No. 22-05. Subsequent amendments noted where applicable.]
STATUTORY REFERENCES
Off-Highway Motor Vehicle Act — See NMSA 1978, § 66-3-1001 et seq.
Mandatory Financial Responsibility Act — See NMSA 1978, § 66-5-201 et seq.
Driving under the influence of intoxicating liquor — See NMSA 1978, § 66-8-102.
Vehicles subject to registration — See NMSA 1978, § 66-3-1.
A. 
The Board of Commissioners of Otero County, New Mexico hereby authorize the operation of recreational off-highway vehicles, as defined herein, on any paved street or highway owned and controlled by Otero County under the conditions set forth in the Off-Highway Motor Vehicle Act, §§ 66-3-1011 through 66-3-1016, NMSA 1978 (and any amendments thereto) and this chapter; and
B. 
The operation of recreational off-highway motor vehicles is prohibited at all times on limited access highways and freeways, pursuant to NMSA (1978) § 66-3-1011A(1).
A. 
An off-highway motor vehicle (OHV) is defined as a motor vehicle designed by the manufacturer for operation exclusively off the highway or road and includes:
(1) 
All-terrain vehicle, which means a motor vehicle 50 inches or less in width, having unladed dry weight of 1,000 pounds or less, traveling on three or more low-pressure tires and having a seat designed to be straddled by the operator and a handle-bar type steering control;
(2) 
Recreational off-highway vehicle ("ROV"), which means a motor vehicle designed for travel on four or more nonhighway tires, for recreational use by one or more persons, and having:
(a) 
A steering wheel for steering control;
(b) 
Nonstraddle seating;
(c) 
Maximum speed capability greater than 35 miles per hour;
(d) 
Gross vehicle weight rating no greater than. 1,750 pounds;
(e) 
Less than 80 inches in overall width, exclusive of accessories;
(f) 
Engine displacement of 1,000 cubic centimeters or less as equipped from the manufacturer; and
(g) 
Identification by means of a seventeen-character vehicle identification number.
B. 
The authorization granted by this chapter for the operation of off-highway motor vehicles is limited to OHVs as defined in this chapter. No other vehicle defined as an off-highway motor vehicle under NMSA § 66-3-1001.1(E) is authorized for operation on any paved street or highway owned and controlled by Otero County.
A. 
OHVs may not be operated on any paved street or highway owned and controlled by Otero County unless:
(1) 
The vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act;
(2) 
The vehicle has brakes, mirrors (including driver's side rear view), mufflers and a signal horn;
(3) 
The operator and all passengers are properly secured by safety belts (ROVs only);
(4) 
The operator of the vehicle is wearing eye protection in compliance with the Off-Highway Motor Vehicle Act;
(5) 
All passengers and operators under the age of 18 are wearing eye protection and securely fastened safety helmets in compliance with NMSA § 66-3-1010.3(B)(1); and
(6) 
The vehicle is equipped with a spark arrester approved by the United States Forest Service.
A. 
A person must have obtained the following in order to operate an OHV:
(1) 
A valid driver's license. Neither a learner's permit nor a motorcycle license shall satisfy this requirement;
(2) 
An OHV education card issued by the New Mexico Department of Game and Fish if 18 years of age or younger;
(3) 
Insurance or evidence of financial responsibility for OHVs being operated in compliance with the provisions of the Mandatory Financial Responsibility Act, NMSA § 66-5-205. A home owner's policy will not satisfy this requirement; and
(4) 
Unless accepted under NMSA § 66-3-1, registration of OHV being operated. For New Mexico residents, OHVs must be registered at the New Mexico Motor Vehicle Division. For nonresidents, OHVs must be registered in the owner's state of residence. For nonresidents whose state of residence does not provide for registration of OHVs, nonresidents must obtain a nonresident permit through the New Mexico Department of Game and Fish.
B. 
If applicable, proof of Subsection A(1) through (4) must be in a person's possession while operating an OHV.
A. 
A person shall not operate an OHV on any paved street or highway owned and controlled by Otero County:
(1) 
In excess of the posted speed limit or as otherwise prohibited by state law;
(2) 
In a careless, reckless or negligent manner so as to endanger the person or property of another;
(3) 
While under the influence of intoxicating liquor or drugs as provided by § 66-8-102 NMSA 1978;
(4) 
While in pursuit of and with intent to hunt or take a species of animal or bird protected by law unless otherwise authorized by the state game commission;
(5) 
In pursuit of or harassment of livestock in any manner that negatively affects the livestock's condition;
(6) 
To intentionally approach wildlife;
(7) 
In a manner that has a direct negative effect on or interferes with persons engaged in agricultural practices;
(8) 
In excess of 10 miles per hour within 200 feet of a business, animal shelter, horseback rider, bicyclist, pedestrian, livestock or occupied dwelling, unless the person operates the vehicle on a closed course or track or a public roadway;
(9) 
When conditions such as darkness limit visibility to 500 feet or less, unless the vehicle is equipped with:
(a) 
One or more headlights of sufficient candlepower to light objects at a distance of 150 feet; and
(b) 
At least one taillight of sufficient intensity to exhibit a red or amber light at a distance of 200 feet under normal atmospheric conditions;
(10) 
That produces noise that exceeds 96 decibels when measured using test procedures established by the society of automotive engineers pursuant to standard SAE J-1287;
(11) 
Unless the OHV is equipped with a spark arrestor approved by the United States Forest Service;
(12) 
In the left lane of traffic or in a side-by-side manner. OHVs must be operated single file and as far to the right of the right lane as safely possible;
(13) 
All occupants are sitting in a designated seat in the OHV;
(14) 
Where off-highway motor vehicle traffic is prohibited under local, state or federal rules or regulations; or
B. 
Operators must follow this chapter and all state laws pertaining to the operation of motor vehicles as set forth in the Motor Vehicle Code, Chapter 66, NMSA 1978.
A. 
A person must be at least 16 years of age to operate an OHV.
B. 
A person under the age of 18 shall not operate an off-highway motor vehicle unless the person is visually supervised at all times by a parent, legal guardian or a person over the age of 21 who has a valid driver's license.
OHVs operating on streets or highways owned and controlled by Otero County shall operate at either the posted speed limit or at a speed limit that may be established by the New Mexico State Transportation Commission for such vehicles, whichever is slower.
Off-highway vehicles (OHVs) being used for agricultural operation are exempt from this chapter.
Prosecution of violations under this section may be commenced by the issuance of a citation charging the violation. Citations may be issued by a deputy from the Otero County Sheriff's Office, a wildlife conservation officer, state police officer or any other peace officer with jurisdiction in Otero County.
Any individual, firm, partnership, corporation or other entity who violates this chapter shall be guilty of a penalty assessment misdemeanor and subject to penalties as listed under § 66-3-1020 (NMSA 1978).