[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;
(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).