Rules — Town of South Fork OHV/ATV Regulations

Town of South Fork
OHV / ATV / Golf Car Rules & Regulations

Know the rules before you ride — these are town and state law

Rules and regulations for ATV/OHV/Golf Cars within the Town of South Fork.

(1) Off Highway Vehicles; All Terrain Vehicles and Golf Cars

A. Definitions

i. "All-terrain Vehicle -ATV" means a three- or four-wheeled vehicle that travels on low-pressure ties with a seat that is straddled by the operator and with handlebars for steering control.

ii. "Driver/Operator" means the person who operates or is in actual physical control of the ATV, OHV or Golf Car.

iii. "Golf Car" as regulated by C.R.S. Title 42-4-111 and defined in C.R.S. 42-1-102 (39.5).

iv. "Joyriding" means back and forth operation of an OHV on either permitted or non-permitted town roads with no apparent purpose other than the satisfaction of doing so.

v. "Off Highway Vehicle -OHV" means any self-propelled vehicle which is designed to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highway, and which is generally and commonly used to transport persons for recreational purposes. "Off Highway Vehicle" includes dune buggies, dirt bikes and motorcycles but does not include the following:

  • a. Vehicles designed and used primarily for travel on, over, or in the water;
  • b. (ii) Snowmobiles;
  • c. (iii) Military Vehicles;
  • d. (iv) Golf Cars;
  • e. (v) Vehicles designed and used to carry disabled persons;
  • f. (vi) Vehicles designed and used specifically for agricultural, logging or mining purposes; or
  • g. (vii) Vehicles registered pursuant to Article 3 of Title 42, C.R.S.

vi. & "Off-highway vehicle route"; means any road, trail, or way owned or managed by the state, Town, or any agency or political subdivision thereof or the United States designated for off-highway vehicle travel. In accordance with Section 33-14.5-108(1), C.R.S., the following routes and areas of the town are hereby designated as off-highway vehicle routes: All roadways contained within the Town of South Fork, EXCLUDING: US and Colorado State highways, any roadways owned by Rio Grande County upon which OHV operation is not allowed and all public streets accessed through Ponderosa Drive within the Ponderosa subdivisions and within the Deer Park and Sentinel Mountain subdivisions. Reference is made to the Town of South Fork OHV/ATV Rules and Regulations map incorporated herein by reference as Exhibit A – which describes the Town streets upon which ATVs and OHVs are allowed and not allowed. Such map may be viewed at the South Fork Town Hall or Visitor's Center and all OHV/ATV users are required to be familiar with the same.

vi. "Operate" means to ride in or on and control the operation of an off-highway vehicle, all-terrain vehicle or golf car.

vii. "Owner" means a person, other than a lienholder, having title to an off-highway vehicle and entitled to the use or possession thereof.

B. Operation of off-highway vehicles, all- terrain vehicles and golf cars.

i. No person may operate an off-highway vehicle, all-terrain vehicle or golf car within the town on any public street, road, or highway of this state or on any such town street or county road, unless the person is at least sixteen years of age and possesses a valid Colorado Driver's license or a valid driver's license from another state.

ii. No person shall operate an off-highway vehicle, all-terrain vehicle, or golf car on a road, roadway or alley of the Town while carrying any person or riding in any position that may interfere with the operation or control of such vehicle or the view of the operator.

iii. Every person operating an off-highway vehicle, all-terrain vehicle or golf car shall do so in compliance with the provisions of applicable laws of the State of Colorado, the Model Traffic Code of the Town of South Fork, Colorado, Article 14.5 of Title 33, C.R.S., Section 42-4-236 (a)(b)(c) requiring child restraint systems and codified in 2 C.C.R. 405-1, Chapter 5, specifically, but not limited to:

  • a. Rule #500 – Registration - The annual registration is valid from April 1 to March 31 every year.
  • b. Rule #501 – Display of Validation Decals - All OHVs owned and operated in the Town must display current Colorado registration stickers when in an OHV staging area or operated on designated trails or routes. OHVs from out of state must also display a current Colorado OHV use permit sticker.
  • c. Rule #503 – Safety Equipment
  • d. Rule #504 – Operation of Off-Highway Vehicles
  • e. Registration with the Colorado Parks and Wildlife Department
  • f. Registration with the Town of South Fork for permit

iv. Every person operating an off-highway vehicle, all-terrain vehicle or golf car shall have on their person and be able to show proof of liability insurance for the off-highway vehicle, all-terrain vehicle or golf car being operated.

v. ATV's, OHV's, and Golf Cars shall not travel off trail.

vi. The operator of an off-highway vehicle or golf car in the Town shall not exceed a maximum speed of fifteen (15) miles per hour or such lower speed as designated by an official traffic control device.

vii. No person may operate a golf car, an OHV or ATV upon a state highway (Highway 149; Highway 160) except that such operator may directly cross the state highway at 90 degrees at an at-grade crossing to continue traveling along the "off-highway route" as described above. The State of Colorado does not recognize out-of-state registrations for ATV's and OHV's (C.R.S. 33-14.5-108.5) unless crossing state highways at 90 degrees and at designated crossings.

viii. ATV's, OHV's and Golf Cars shall stop and yield right of way to all other users of access trails and crossings.

ix. ATV's, OHV's and Golf Cars are permitted on Town-maintained streets unless otherwise posted and as designated by the Town of South Fork OHV/ATV Rules and Regulations Map, incorporated herein by reference as Exhibit A.

x. ATV, OHV and Golf Car hours of permitted use are 0700-sunset except for actively plowing or otherwise conducting snow-removal operations from residences and businesses.

xi. All ATV, OHV and Golf Car operators must sign a copy of the permit/rules and regulations in order to operate the machine within Town limits.

xii. All ATV, OHV and Golf Car operators are responsible for knowing and following the rules -ignorance is not a valid defense.

xiii. ATV/OHV/Golf Cart must be ridden directly to destination using the most direct allowed path NO JOYRIDING.

C. Safety equipment.

1. Every off-highway vehicle operated pursuant to this Chapter shall be equipped, as provided by Section 33-14.5-109(1)(a) and (b), C.R.S., and the Colorado Division of Parks and Outdoor Recreation, Chapter 5 – OHV Regulations (which are incorporated herein by reference), as follows:

  • i. At least one (1) headlamp;
  • ii. At least one (1) red tail lamp;
  • iii. Braking system;
  • iv. Spark arrester; and
  • v. Muffler.

2. Every off-highway vehicle, all-terrain vehicle, or golf car operated pursuant to this section shall be equipped with a safety flag. Such flags will be made available (along with the safety rules, a free sticker, and trail maps) for sale at the Town Visitor Center (as well as local vendors).

3. All ATV, OHV, and Golf Car operators and riders must use appropriate safety equipment, seat belts, eye protection (if no windshield), and operators and riders who are 18 years and under must wear a Department of Transportation approved safety helmet, and, if applicable, child restraint devices must be used.

  • i. The only exception for helmet use is if the rider is in a child restraint or age-appropriate restraint that was originally incorporated into the ATV, OHV OR Golf Car by the manufacturer.

4. An ATV, OHV, or Golf Car may only carry number of passengers for which it was manufactured.

D. Notice of accident.

i. The operator of an off-highway vehicle involved in an accident resulting in property damage, injuries, or death, or some person acting for the operator, or the owner of the off-highway vehicle having knowledge of the accident, shall immediately, by the quickest available means of communication, notify the Police Department.

ii. The Police Department, upon receiving a report of an accident under this Section, shall forward a copy thereof to the Colorado Division of Parks and Outdoor Recreation.

iii. Within forty-eight (48) hours after an accident involving an off-highway vehicle, the accident shall be reported to the Denver office of the Colorado Division of Parks and Outdoor Recreation. The report shall be made on forms furnished by such Division and shall be made by the owner or operator of the vehicle or someone acting for the owner or operator. (Ord. 7 §1, 2011)

E. Enforcement, Violations and Fines.

i. Any person who violates the provisions of this ordinance shall be guilty of a municipal ordinance offense and, upon conviction thereof shall be punished by a minimum fine of fifty ($50.00) dollars, and a maximum fine of not more than three-hundred ($300.00) dollars. Such fines and surcharges are set forth in Section 109.7 (1) E (ii) of the Model Traffic Code of the Town of South Fork.

Pursuant to the Colorado Municipal Court Rules of Procedure 210(b)(4), the Municipal Court may, by order, which from time to time may be amended, supplemented, or repealed, designate the ordinance offenses contained herein and the penalties for which may be paid at the office of the court clerk.

Additional Rules for Operation of Off-Highway Vehicles.

In addition to the regulations, all other applicable local, state and federal laws, any person operating an ATV/off-highway vehicle or Golf Car on approved routes within the Town of South Fork must adhere to the rules below. In the event there is a conflict between the rules below and the Colorado Parks and Outdoor Recreation Board's regulations, the rules below control. It is recommended the ATV/OHV also have proper registration with Division of parks and wildlife and/or forest service as required for use outside of city limits and in the national forest.

Rules for ATV/OHV/Golf Car use within city limits on approved trails and streets.

  • All drivers must have a valid driver's license & proof of liability insurance.
  • All ATV/OHV riders must use appropriate safety equipment, Seat belts, Eye protection (if no windshield) and riders 18 years and under must wear Department of Transportation approved safety helmet and if applicable child restraint devices must be used. A) The only exception for helmet use is if the rider is in a child restraint or age-appropriate restraint that was originally incorporated into the OHV by the manufacturer.
  • ATV/OHV/Golf Car may only carry the number of passengers it was manufactured for.
  • All ATV/OHV/Golf Car's operated within city limits must have South Fork safety flag and permit (available at the South Fork Visitor Center 28 Silver Thread Lane South Fork CO, Twin Pines Motorsports 29130 US 160 South Fork CO, & Aspen Ridge RV Park 700 CO-149 South Fork CO). The annual registration is valid from April 1 to March 31 of the following year.
  • NO ATV/OHV/Golf Car will be driven on highways 149 or 160, Colorado does not recognize out of state registration for ATV/OHV's, unless crossing at 90 degree (C.R.S. 33-14.5-108.5) and at designated crossings.
  • ATV/OHV/Golf Car maximum speed limit of 15 mph within city limits.
  • ATV/OHV/Golf Car shall stop and yield right of way to all other users of access trails and crossings.
  • ATV/OHV/Golf Car - Permitted on city-maintained streets unless otherwise posted by city sign.
  • ATV/OHV/Golf Car must be ridden directly to the destination using the most direct allowed path NO JOYRIDING or cruising.
  • ATV/OHV/Golf Car must remain on designated routes and trails; no off-trail riding.
  • ATV/OHV hours of permitted use are 0700-sunset (snow removal exception)
  • All ATV/OHV/Golf Car operators are subject to citation and fines for violation of these rules, municipal ordinance, traffic code, and state statutes. Parent or guardian may be cited in the event of a minor in violation.
  • All ATV/OHV/Golf Car operators must sign/acknowledge/initial a copy of the permit/rules and regulations in order to operate the machine within city limits acknowledging they have read and understand the rules.
  • All ATV/OHV/Golf Car operators are responsible for knowing and following the rules ignorance is not a valid defense.
  • Off-highway vehicles (OHVs) include motorcycles, dirt bikes, three-wheelers, ATVs, surplus military vehicles, and dune buggies that are operated on public lands and trails in Colorado must be registered with Colorado Parks and Wildlife in addition to having a Town of South Fork permit. All OHVs owned and operated in Colorado must display current registration stickers when in an OHV staging area or operated on designated trails or routes. OHVs from out of state must also display a current Colorado OHV use permit sticker. The annual registration is valid from April 1 to March 31 of the following year.