In this article, the following terms have that meaning ascribed to them in this section. All references to statutes, rules, regulations, or ordinances refer to them as the same may be amended, restated, revised, or otherwise modified from time to time and includes any successor statue, rule, regulation or ordinance thereto. When the context and construction require, words used in the singular are used in the plural and vice versa. The word “includes” and its variants means without limitation, and the word “or” is not exclusive. Words defined in the Texas Transportation Code but not defined in this article shall have that meaning ascribed to them in the Texas Transportation Code.
All-terrain vehicle.
A motor vehicle that is:
(1) 
Equipped with a seat or seats for the use of:
(A) 
The rider; and
(B) 
A passenger, if the motor vehicle is designed by the manufacturer to transport a passenger;
(2) 
Designed to propel itself with three or more tires in contact with the ground;
(3) 
Designed by the manufacturer for off-highway use;
(4) 
Not designed by the manufacturer primarily for farming or lawn care; and
(5) 
Not more than 50 inches wide.
Highway.
The width between the boundary lines of a publicly maintained way, any part of which is open to the public for vehicular travel, and includes any sidewalk, shoulder, or berm.
Off-highway vehicle.
An all-terrain vehicle, a recreational off-highway vehicle, or a utility vehicle, but does not include a golf cart, as that term is defined by section 551.401, Texas Transportation Code, or a vehicle owned by the state, a county, or a municipality for operation on a public beach or highway to maintain public safety and welfare.
Recreational off-highway vehicle.
A motor vehicle that is:
(1) 
Equipped with a seat or seats for the use of:
(A) 
The rider; and
(B) 
A passenger or passengers, if the vehicle is designed by the manufacturer to transport a passenger or passengers;
(2) 
Designed to propel itself with four or more tires in contact with the ground;
(3) 
Designed by the manufacturer for off-highway use by the operator only; and
(4) 
Not designed by the manufacturer primarily for farming or lawn care.
Utility vehicle.
A motor vehicle that is not a golf cart, as that term is defined by section 551.401, Texas Transportation Code, or lawn mower and is:
(1) 
Equipped with side-by-side seating for the use of the operator and a passenger;
(2) 
Designed to propel itself with at least four tires in contact with the ground;
(3) 
Designed by the manufacturer for off-highway use only; and
(4) 
Designed by the manufacturer primarily for utility work and not for recreational purposes.
(Ordinance 2020-584 adopted 4/13/20)
Operation of an off-highway vehicle on a highway or public street is prohibited.
(Ordinance 2020-584 adopted 4/13/20)
The operator of an off-highway vehicle may operate the vehicle on a highway that is not an interstate or limited access highway if:
(1) 
The transportation is in connection with:
(A) 
The production, cultivation, care, harvesting, preserving, drying, processing, canning, storing, handling, shipping, marketing, selling, or use of agricultural products, as defined by section 52.002, Texas Agriculture Code; or
(B) 
Utility work performed by a utility;
(2) 
The operator attaches to the back of the vehicle a triangular orange flag that is at least six feet above ground level;
(3) 
The vehicle’s headlights and taillights are illuminated;
(4) 
The operation of the vehicle occurs in the daytime; and
(5) 
The operation of the vehicle does not exceed a distance of 25 miles from the point of origin to the destination.
(Ordinance 2020-584 adopted 4/13/20)