They are basing the law on "tires". So does that mean if I put L/T tires on my machine I will be good?
I think one of the articles I read said there were 23 rental companies in Sedona. Most are on the main drag right where everyone can see them. This is going to hurt a lot of businesses.
DRAFT CITY OF SEDONA ORDINANCE
BY: TOM MURPHY ON: APRIL 27, 2023 IN: UNCATEGORIZED WITH: 0 COMMENTS
Below is an email from from Karen Osburn with the City of Sedona. They are proposing a city ordinance (DRAFT ATTACHED) to prohibit the use of OHVs within city limits on pavement. I have included her information at the bottom of her note should you have questions for the City of Sedona. At this time Arizona State Parks and Trails will remain neutral on this ordinance. If you have questions or concerns, please let me know and I’ll be happy to assist you.
I have attached the DRAFT of an improper motor vehicle equipment ordinance for your review. I would like to also extend an invitation to all of you to attend a meeting with the Mayor, Vice Mayor and City Attorney on Monday May 8th at 11:30 am in the City Council Chambers, 102 Roadrunner Drive. This will provide an opportunity, outside of the formality of a regular council meeting, for stakeholders to ask questions and provide input on the draft document. We are tentatively planning to have our first public meeting for the full Council to discuss the draft ordinance on May 23 at the regular 4:30 p.m. meeting. That is the same evening SDR will be providing its update on the work of GSRC.
There will be at least one other public meeting before Council would be acting on the ordinance.
Please let me know if you have any questions. Thanks, Karen”
Karen Osburn
[email protected]
DRAFT ———————————————————————————
ORDINANCE NO. 2023-_
AN ORDINANCE OF THE CITY OF SEDONA, ARIZONA, ADOPTING AN AMENDMENT
TO THE CITY CODE TITLE 10 (VEHICLES AND TRAFFIC) BY ADDING CHAPTER 10.30
(IMPROPER MOTOR VEHICLE EQUIPMENT); PROVIDING FOR PENALTIES, A
SAVINGS CLAUSE, AND FOR REPEAL OF CONFLICTING ORDINANCES; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, adhering to Federal and State safety regulations related to motor vehicles reduces the chances
of serious injury; and
WHEREAS, every year tire failure causes approximately 11,000 vehicle crashes and 200 deaths
nationwide and adhering to Department of Transportation (DOT) tire regulations reduces the chance of
tire failure; and
WHEREAS, only DOT approved tires are allowed to be used in highway service; and
WHEREAS, no UTV, ATV, or OHV tires are currently DOT approved for highway or on street use (see
NHTSA June 3, 2022 letter re: Improper Certification of UTV/ATV Tires to FMVSS; U.S Tire
Manufacturers Tire Information Service Bulletin TISB 07); and
WHEREAS the City deems it necessary to adopt certain regulations regarding improper motor vehicle
equipment to protect the health, safety, and welfare of the City residents in accordance with DOT
regulations.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SEDONA,
ARIZONA, as follows:
Section 1. Amendment of Sedona City Code Title 10 (Vehicles and Traffic)
Title 10 (Vehicles and Traffic) of the City Code of the City of Sedona is hereby amended by adding
the following Chapter:
Chapter 10.30 – IMPROPER MOTOR VEHICLE EQUIPMENT
10.30.010 – Definitions.
In this chapter unless the context otherwise requires:
“Driver” means a person who drives or is in actual physical control of a motor vehicle.
“Highway” means the entire width between the boundary lines of every paved way if a part of the way is
open to the use of the public for purposes of motor vehicle travel including public roads and streets.
“Manufacturer” means a person or entity—
(A)manufacturing or assembling motor vehicles or motor vehicle equipment; or
(B)importing motor vehicles or motor vehicle equipment for resale.
“Motor vehicle” means a self-propelled vehicle, including Utility Terrain Vehicles, All Terrain Vehicles,
and Off Highway Vehicles.
“Owner” means the person in whose name such motor vehicle is registered.
“Public employees” means any federal, state, county or City employees.
“State or Federal motor vehicle safety standards” means all motor vehicle standards listed in A.R.S Title
28 or Title 49 of the Code of Federal Regulations (FMVSS) including:
(A)A.R.S. 28-971 – Brake light or stop lamp in good working order
(B) A.R.S. 28-955 or A.R.S. 28-1179(A)(3) – Muffler or noise dissipative device in good working
order.
(C) A.R.S. 28-957.01 or A.R.S. 28-964(A)- Adequate windshield or eye protection.
(D)49 C.F.R. § 574.5(e)(3) – The DOT symbol must not appear on tires to which no Federal Motor
Vehicle Safety Standard is applicable.
(E) 49 C.F.R. § 574.5(e)(1) – All motor vehicles operated on highways must be equipped with
street legal tires approved by NHTSA or DOT.
10.30.020 – Operating Motor Vehicle with Improper Motor Vehicle Equipment Prohibited.
A person shall not drive or move on a highway a motor vehicle that:
A. Is in an unsafe condition that endangers a person.
B. Does not contain those parts or is not at all times equipped with lamps and other equipment
in proper condition and adjustment as required in this chapter.
C. Is equipped in any manner in violation of State or Federal motor vehicle standards.
D. Is not approved by the manufacturer to be operated on a highway.
An owner shall not drive or allow a person to drive or move on a highway the owner’s motor
vehicle that:
A. Is in an unsafe condition that endangers a person.
B. Does not contain those parts or is not at all times equipped with lamps and other equipment
in proper condition and adjustment as required in this chapter.
C. Is equipped in any manner in violation of State or Federal motor vehicle standards.
D. Is not approved by the manufacturer to be operated on a highway.
10.30.030 – Applicability; Exceptions.
This chapter applies to all highways within the Sedona City limits.
This chapter does not apply to public employees in the performance of their official duties or to
any motor vehicle owned or operated by any federal, state, or local governmental entity.
10.30.40 – Inspections.
If at any time there is reasonable cause to believe that a motor vehicle is unsafe or is not equipped as
required by this chapter or that a vehicle’s equipment is not in proper adjustment or repair, any peace
officer may require the driver of the motor vehicle to stop and submit the vehicle to an inspection and
such test with reference to the inspection as may be appropriate.
6.15.050 – Authority to Impound Vehicles.
Vehicles operated in violation of this chapter may be impounded in the same manner as provided for by
the provisions of SCC 10.15.150.
6.15.060 – Enforcement; Liability.
Any AZPOST certified peace officer, community service officer, community service aide may
issue a written warning or citation for the violation of this chapter.
Persons Liable. If any motor vehicle is found in violation of any provision of this chapter, the
owner, the person in whose name such motor vehicle is registered, as well as the driver of the
vehicle at the time of the violation, shall be jointly and severally responsible for such violation and
are subject to the penalties therefor. If the vehicle is not attended by a driver, the owner, or person
in whose name such vehicle is registered, shall be held prima facie responsible for such violation
and is subject to the penalties therefor. Proof that a person other than the owner was operating the
vehicle at the time of the violation shall not constitute a valid defense to the offense.
6.15.070 – Separate Offenses.
Each violation pursuant to this chapter shall constitute a separate offense and each day a violation remains
unabated may constitute a separate offense.
6.15.080 – Penalties.
A. Upon a first violation of this chapter, an officer shall issue a written warning and repair order. A
certificate of correction or adjustment of illegal or faulty equipment shall be obtained the person
and shown to the police department within five days.
B. If there is a violation of this chapter and the person fails to provide the City with a certificate of
correction or adjustment within five days or the person has previously been issued a warning within
one hundred eighty (180) days from the date a warning was issued, the violation is a civil offense
punishable by a fine not to exceed five hundred dollars ($500.00), plus any other penalties,
assessments or surcharges authorized by law.
C. If there is a violation of this chapter and the person has previously been convicted two (2) or more
times of violating this chapter under subsection B, the new violation is a class 1 misdemeanor, plus
any other penalties, assessments or surcharges authorized by law.
Section 3. Savings Clause
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remainder of this Ordinance.
Section 4. Repeal
All other code provisions, ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed to the extent of such conflict as of the effective date hereof.
Section 5. Effective Date
The effective date of this Ordinance shall be 60 days following adoption by the City Council.
PASSED AND ADOPTED by the Mayor and Council of the City of Sedona, Arizona, this 23rd
day of May, 2023.
Scott M. Jablow, Mayor
