Fayette Recreational Off-Highway Vehicles, Operation on Highways Prohibited, Exceptions: Operation within Streams and Rivers Prohibited, Exceptions: License Required for Operation, Exception ordinance (§ 340.120)

A. No person shall operate a recreational off-highway vehicle, as defined in Section 300.010 of this Code, upon the highways of this City, except as follows:

1. Recreational off-highway vehicles owned and operated by a governmental entity for official use;

2. Recreational off-highway vehicles operated for agricultural purposes or industrial on-premises purposes;

3. Recreational off-highway vehicles operated within three (3) miles of the operator's primary residence. The provisions of this Subsection shall not authorize the operation of a recreational off-highway vehicle in a City unless such operation is authorized by such City as provided for in Subsection (A)(5) below;

4. Recreational off-highway vehicles operated by handicapped persons for short distances occasionally only on the State's secondary roads;

5. The City may issue special permits to licensed drivers for special uses of recreational off-highway vehicles on highways within the City limits. A fee of fifteen dollars ($15.00) may be collected and retained by the City for such permit.

B. No person shall operate a recreational off-highway vehicle within any stream or river in this State, except that recreational off-highway vehicles may be operated within waterways which flow within the boundaries of land which a recreational off-highway vehicle operator owns, or for agricultural purposes within the boundaries of land which a recreational off-highway vehicle operator owns or has permission to be upon, or for the purpose of fording such stream or river of this State at such road crossings as are customary or part of the highway system. All Law Enforcement Officials shall enforce the provisions of this Subsection within the geographic area of their jurisdiction.

C. A person operating a recreational off-highway vehicle on a highway pursuant to an exception covered in this Section shall have a valid operator's or chauffeur's license, except that a handicapped person operating such vehicle pursuant to Subsection (A)(4) of this Section, but shall not be required to have passed an examination for the operation of a motorcycle. An individual shall not operate a recreational off-highway vehicle upon a highway in this City without displaying a lighted headlamp and a lighted tail lamp. A person may not operate a recreational off-highway vehicle upon a highway of this City unless such person wears a seat belt. When operated on a highway, a recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover.