For the purposes of this chapter, motorized recreation vehicles (“MRVs”) shall refer to any of the following, except where singled out:
“Golf cart”
means a gas-powered or electric-powered four-wheeled vehicle originally designed and manufactured for operation on a golf course for sporting purposes and has a speed attainable in one mile of not more than twenty miles per hour. A golf cart is not a nonhighway vehicle or off-road vehicle as defined in RCW 46.04.365.
Note: Golf carts are limited to “zones” and are limited to streets having a speed limit of twenty-five miles per hour or less by state statute.
“Off-road vehicle (ORV)”
means any two-, three- or four-wheel motorized vehicle that is used for recreational purposes on nonhighway roads, trails, or natural terrain.
“Wheeled all-terrain vehicle (WATV)”
means any motorized nonhighway vehicle (all-terrain vehicle or “ATV”) with handlebars, that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has four tires having a diameter of thirty inches or less, or a utility-type vehicle (“UTV,” “side-by-side”) designed for and capable of travel over designated roads that travels on four or more low-pressure tires of twenty psi or less, has a maximum width less than seventy-four inches, has a maximum weight less than two thousand pounds, has a wheelbase of one hundred ten inches or less, and satisfies at least one of the following:
1. 
Has a minimum width of fifty inches;
2. 
Has a minimum weight of at least nine hundred pounds; or
3. 
Has a wheelbase of over sixty-one inches.
Specific types of vehicles excluded from this chapter are dune buggies, rails, go carts, home-made unlicensed vehicles, and rally cars.
(Ord. 952 § 1, 2025)
Persons operating MRVs on city streets must comply with all state and local laws, including statutes for operating MRVs.
A. 
WATVs and ORVs.
1. 
A person may not operate a WATV or ORV upon a public roadway of this state without obtaining a valid driver’s license issued to Washington residents in compliance with Chapter 46.20 RCW or possessing a valid driver’s license issued by the state of the person’s residence if the person is a nonresident.
2. 
A person who operates a WATV or ORV is granted all rights and is subject to all duties applicable to the operator of a motorcycle under RCW 46.37.530 and Chapter 46.61 RCW, unless otherwise stated in this act, except that they may not be operated side-by-side in a single lane of traffic.
3. 
A person who operates a WATV or ORV on city streets, and all passengers riding in or upon such vehicle, must wear a securely fastened motorcycle helmet while the vehicle is in motion, except for vehicles equipped with seatbelts and roll bars or an enclosed passenger compartment. For purposes of this section, “motorcycle helmet” has the same meaning as provided in RCW 46.37.530.
4. 
ORV equipment must comply with state regulations in RCW 46.09.470 as follows:
a. 
A headlight and taillight, illuminated between the hours of dusk and dawn;
b. 
An adequate braking device;
c. 
A spark arrester approved by the department of natural resources;
d. 
An adequate and operating muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the “A” scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred and five decibels on the “A” scale at a distance of twenty inches from the exhaust outlet shall be acceptable substitute in lieu of the Society of Automotive Engineers test procedure J 331a.
5. 
WATVs and ORVs may only be operated on roads where the speed limit for all types of vehicles is thirty-five miles per hour or less.
B. 
WATVs.
1. 
All WATVs operated on public roadways must be street licensed, display valid tabs and have registrations readily accessible.
2. 
A person who operates a WATV on a public roadway must be able to provide a DOL required declaration meeting all requirements of RCW 46.07.457(b).
3. 
A person who operates a WATV on a public roadway must comply with the following equipment requirements:
a. 
Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion;
b. 
One tail lamp meeting the requirements of RWC 46.37.525 and used at all times when the vehicle is in motion. If it is a UTV as described under RCW 46.09.310, it must have two tail lamps meeting the requirements of RCW 46.37.070;
c. 
One stop lamp meeting the requirements of RCW 46.37.200;
d. 
Reflectors meeting the requirements of RCW 46.37.060;
e. 
During hours of darkness, turn signals meeting the requirements of RCW 46.37.200;
f. 
A mirror attached to either the right or left handlebar. A UTV, as described under RCW 46.09.310(19), must have two mirrors meeting the requirements of RCW 46.37.400;
g. 
A windshield meeting the requirements of RCW 46.37.430, unless the operator wears glasses, goggles, or a face shield while operating the vehicle, of a type conforming to rules adopted by the Washington State Patrol;
h. 
A horn or warning device meeting the requirements of RCW 46.37.380;
i. 
A brake system maintained in good working order;
j. 
A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and
k. 
For UTVs, as described under RCW 46.09.310(19), seat belts meeting the requirements of RCW 46.37.510.
C. 
Golf Carts.
1. 
Golf carts are limited to golf cart zones and may only be operated on streets having a speed limit of twenty-five miles per hour or less.
2. 
Every person operating a golf cart is granted all rights and is subject to all duties applicable to the driver of a vehicle under Chapter 46.61 RCW.
3. 
Every person operating a golf cart must be at least sixteen years of age and must have completed a driver education course or have previous experience driving as a licensed driver.
4. 
A person who has a revoked license under RCW 46.20.285 may not operate a golf cart.
5. 
Golf carts must be equipped with reflectors, seat belts, and rearview mirrors when operated upon streets and highways.
(Ord. 952 § 1, 2025)
MRV unlawful activities shall include the following and any other violation of federal, state, or county statutes or ordinances:
A. 
It is unlawful for any person to operate an MRV in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation.
B. 
It unlawful to operate an MRV on a city sidewalk.
C. 
It is unlawful to trespass on private roadways and property or to endanger the property of another.
D. 
It is a misdemeanor for any person to operate an MRV while under the influence of intoxicating liquor or a controlled substance.
E. 
It is a gross misdemeanor to operate an MRV in such a way as to endanger human life.
F. 
It is a gross misdemeanor to operate an MRV in such a way as to run down or harass any wildlife or animal, nor carry, transport, or convey any loaded weapon in or upon, nor hunt from, any MRV except by permit issued by the Director of the Department of Fish and Wildlife under RCW 77.32.237; provided, that it shall not be unlawful to carry, transport, or convey a loaded pistol in or upon an MRV if the person complied with the terms and conditions of Chapter 9.41 RCW.
(Ord. 952 § 1, 2025)
A. 
Appropriate agency that engages in emergency management, as defined in RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law enforcement agency, as defined in RCW 16.52.011, within the scope of the agency’s official duties.
B. 
Some applicable segments of this chapter may be suspended while in parades which have been authorized by the state of Washington, any department, board, commission, or political subdivision of the state of Washington.
(Ord. 952 § 1, 2025)
A. 
Unless stated otherwise, violation of any section of this chapter is a traffic infraction, punishable by a fine not less than $25.00 or more than $500.00. Any misdemeanor offense may be punishable by up to ninety days in jail and/or up to one thousand dollars ($1,000) in fines. Any gross misdemeanor may be punishable by up to three hundred sixty-five days in jail and/or five thousand dollars ($5,000) in fines.
B. 
The parent or legal guardian of a child violating PMC 10.54.020(A)(1) who knowingly allows the child to operate an MRV in violation of this chapter is guilty of an infraction punishable by a fine not to exceed $500.00.
(Ord. 952 § 1, 2025)
In addition to the penalties provided in this chapter, the owner and/or operator of any MRV as described by the chapter shall be liable for any damage to property, including, but not limited to, damage to trees, shrubs, or growing crops as the result of operating these vehicles. The owner of such property may recover from the person responsible three times the amount of the damage.
(Ord. 952 § 1, 2025)
A. 
WATVs and ORVs. All roads within the city of Pomeroy are open to use, except that WATV and ORVs shall not operate or park on SR12, Main Street, except to cross at a ninety-degree angle at an intersection, except Elm Street, where the crossing will be 5th Street driving with traffic flow.
B. 
Golf Carts. The golf cart zone is same as city limits, except that golf carts shall not operate or park on SR12, Main Street, except to cross at a ninety-degree angle at the intersection, except Elm Street, where the crossing will be 5th Street driving with traffic flow.
(Ord. 952 § 1, 2025)