It shall be unlawful for any person The purpose of this division
is to protect the public health, safety, and welfare by regulating
the operation of off-highway vehicles on public streets.
[Ordinance 2010-01-19-01 adopted 1/19/10; Ordinance 2022-10-17-02 adopted 10/17/2022; Ordinance 2024-02-20-05 adopted 2/20/2024]
All-terrain yehicle (ATV).
A vehicle, equipped with a seat or seats that is designed
to propel itself with three or more tires in contact with the ground
and as defined by the Texas Transportation Code section 551A.001,
as it now reads or as it may be amended.
Golf cart.
A motor vehicle designed by the manufacturer primarily for
use on a golf course as assigned by section 551 .401, Texas Transportation
Code, as it now reads or as it may be amended.
Neighborhood electric vehicle (NEV).
A vehicle that can attain a maximum speed of 35 miles per
hour on a paved level surface and otherwise complies with the Federal
Motor Vehicle Safety Standard 500.
Night.
The time between the end of evening civil twilight and the
beginning of Operation of off-highway vehicles morning civil twilight,
as published in the American Air Almanac, converted to local time
Off-highway vehicle.
A recreational off-highway vehicle as defined in the Texas
Transportation Code section 551A.001, excluding sand rails and all-terrain
vehicles (ATV), as it now reads or as it may be amended, a golf cart
as defined herein, neighborhood electric vehicle (NEV), a recreational
off-highway Vehicle (ROV), or a utility vehicle (UTV).
Recreational off-highway vehicle (ROV).
A vehicle, as defined in the Texas Transportation Code 551A.001
as it now reads or as it may be amended, that is equipped with a seat
or seats for the use of the rider, a passenger, or passengers, designed
to propel itself with four or more tires in contact with the ground.
Sand rails. A vehicle as defined by Section 502.001 of the Texas Transportation
Code as it now reads or as it may be amended, that is designed or
built primarily for off-highway use in sandy terrains, including for
use on sand dunes. These vehicles are prohibited in Lakeway.
Sand rails.
A vehicle as defined by section 502. 001 of the Texas Transportation
Code as it now reads or as it may be amended, that is designed or
built primarily for off-highway use in sandy terrains, including for
use on sand dunes. These vehicles are prohibited in Lakeway.
Utility Vehicle (UTV).
A vehicle as defined by section 551A.001 of the Texas Transportation
Code, as it now reads or as it may be amended, that is equipped with
side-by-side seating for the use of the operator and passenger and
is designed to propel itself with at least four tires in contact with
the ground.
[Ordinance 2010-01-19-01 adopted 1/19/10; Ordinance 2022-10-17-02 adopted 10/17/2022; Ordinance 2024-02-20-05 adopted 2/20/2024]
The operation of off-highway vehicles within the corporate limits
of the city upon public streets is hereby authorized under the following
terms and conditions:
(1)
Operation of off-highway vehicles must be by a licensed driver;
(2)
Operation of off-highway vehicles is restricted to the following
locations:
(A) Public streets with a posted speed limit of not more than 35 miles
per hour;
(B)
On a recreation lane or path when provided;
(C)
Off-highway vehicles may not be operated upon any public sidewalks,
shared-use paths under eight feet (8') in width, pedestrian walkways,
trails, playgrounds, greenbelts, or other public recreational areas
not designated for motor vehicle traffic, except in designated areas;
(D)
An off-highway vehicle may cross a street at an intersection,
including an intersection with a street that has a posted speed limit
of more than 35 miles per hour;
(E) Notwithstanding other prohibitions in this section, off-highway vehicles
may not be operated on the following streets:
(i) Lakeway Drive, between Lakeway Boulevard and Cross Creek;
(ii) Lohmans Spur, between RM 620 and Lohmans Crossing;
(vi) State Highway 71, including the right-of-way;
(vii) RM 620, including the right-of-way;
(F) Designated locations associated with a city-sponsored event;
(3)
Off-highway vehicles may not pull trailers, boats, jet skis,
other objects or people on public streets and the right-of-way;
(4)
Off-highway vehicles shall follow all rules of the road as required
by the Texas Transportation Code;
(5)
Off-highway vehicles shall carry liability insurance in the
amounts required for motor vehicles;
(6)
Operation of off-highway vehicles is prohibited at night;
(7)
Off-highway vehicles shall not carry more passengers than for
which the off-highway vehicles was designed by the manufacturer;
(8)
Off-highway vehicles must be equipped with a slow-moving-vehicle
emblem that:
(A) Has a reflective surface designed to be clearly visible in daylight
or at night from the light of standard automobile headlamps at a distance
of at least 500 feet;
(B)
Is mounted base down on the rear of the vehicle at a height
from three to five feet above the road surface; and
(C)
Is maintained in a clean, reflective condition;
(9)
Off-highway vehicles must be equipped with the following minimum
equipment as mandated by section 551.4041 of the Texas Transportation
Code as amended:
(10)
Off-highway vehicles must move to the right and yield the right-of-way
to faster moving vehicles;
(11)
Off-highway vehicles must remain in the outside lane of multi-lane
streets, unless turning left;
(12)
The driver and every occupant of an off-highway vehicles must
remain seated in a seat designed to hold passengers while the off-highway
vehicles is in motion; and
(13)
No person may ride in the lap of the driver or any other occupant.
[Ordinance 2010-01-19-01 adopted 1/19/10; Ordinance 2022-10-17-02 adopted 10/17/2022; Ordinance 2024-02-20-05 adopted 2/20/2024]
(c)
All other off-highway vehicles not permitted in this chapter.
[Ordinance 2010-01-19-01 adopted 1/19/10; Ordinance 2022-10-17-02 adopted 10/17/2022; Ordinance 2024-02-20-05 adopted 2/20/2024]
(a)
It shall be unlawful for any person to operate an off-highway
vehicles on a public street within the corporate limits of the city
except in accordance with the provisions of this division.
(b)
Any person who shall violate the provisions of this division
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined not less than one dollar ($1.00) or more than five
hundred dollars ($500.00). It shall not be necessary for the complaint
to allege or for proof to be made that the act was knowingly done,
or with any other culpable mental state, nor shall it be necessary
for the complaint to negate any exception contained in this division.
[Ordinance 2010-01-19-01 adopted 1/19/10; Ordinance 2022-10-17-02 adopted 10/17/2022; Ordinance 2024-02-20-05 adopted 2/20/2024]