The Magdalena Village Board of Trustees last week approved the first reading and publication of Ordinance No. 2022-03, which allows riders of ATVs and OHVs to be driven on village streets. The action effectively reverses the prohibition of their operation within village limits.
The ordinance follows New Mexico statute allowing the operation of off-road vehicles “on paved streets owned and controlled by the authorizing entity,” in this case, the municipality. But the use of these vehicles on county and state roadways is still banned and riders may be cited.
The ordinance stipulates that “a person shall not operate an off-highway motor vehicle on state game commission-owned, state game commission-controlled or state game commission-administered land, except as specifically allowed.”
• The speed limit for all-terrain vehicles operated within the Village shall be 10 mph or the posted speed limit, whichever is less. If the posted speed limit is higher than 30 mph, the operator shall operate the all-terrain vehicle on the extreme right-hand side of the roadway.
• The vehicle has one or more headlights and one or more taillights that comply with the Off-Highway Motor Vehicle Act.
• The vehicle has brakes, a mirror and mufflers.
• The operator has valid driver’s licenses or permits as required under the Motor Vehicle Code and off-highway motor vehicle safety permits.
• The operator is insured in compliance with provisions of the Mandatory Financial Responsibility Act.
• Operators and passengers are wearing eye protection and a safety helmet.
• Each offense under this ordinance shall be punished by a fine of $94 that shall not be suspended or deferred. Each subsequent offense shall be punished by an additional ninety-four dollar $94 fine.
A second reading of the ordinance will be voted on during a public hearing at the next board meeting.