Ordinance

ORDINANCE 3- 2023

AN ORDINANCE AMENDING AND RESTATING IN ITS ENTIRETY TITLE 12, CHAPTER 1 (MOTOR VEHICLES AND TRAFFIC) OF THE CODE OF THE TOWN OF MOORCROFT, WYOMING

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF MOORCROFT, WYOMING THAT TITLE 12, (MOTOR VEHICLES AND TRAFFIC) IS HEREBY AMENDED AND RESTATED IN ITS ENTIRETY AS FOLLOWS.

TITLE 12 MOTOR VEHICLES, TRAFFIC OFFENSES, SNOWMOBILES

THE TOWN OF MOORCROFT ADOPTS THE UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS

12-1-01 ADOPTION OF UNIFORM ACT REGULATING TRAFFIC ON HIGHWAY ADOPTED, EXCEPTIONS

The Uniform Act Regulating Traffic on Highways as set forth in Wyoming State Statutes §31-2-205 through 31-7-117, in effect as of July 1, 2021, and as may be amended from time to time, is adopted herein by this reference as if fully set forth herein; provided, however, that the following statute sections or subsections thereof are specifically excluded from this adoption:

31-2-225

31-4-103

31-5-118

31-5-225

31-5-229

31-5-233-235

31-5-959

31-5-1009

31-5-1009

31-5-1101 - 31-5-1112

31-5-1201

31-5-1206

31-5-1501 – 31-5-1507

(b) Except and unless a specific penalty is provided and adopted in this Section for violation of an adopted provision of the Uniform Act Regulating Traffic On Highways, a violation of the adopted provisions of the Uniform Act Regulating Traffic On Highways shall be punishable by a fine of up to three-hundred dollars ($300.00).

(c) A copy of the Uniform Act Regulating Traffic On Highways as adopted by this Section is on file in the Moorcroft Town Hall for examination and inspection during normal business hours.

12-102 – DEFINITIONS - All definitions contained in the Uniform Act Regulating Traffic On Highways as adopted by the Town in Section 12-101 of this Code shall apply to all Chapters contained in Title 12 of this Code.

CHAPTER 3 – PARKING

12-301 – PARKING AND STREET USE RESTRICTIONS; PENALTY-

12-301 – PARKING AND STREET USE RESTRICTIONS; PENALTY -

(a) The following parking restrictions are in addition to the provisions of Wyoming Statutes Sections 31-5-501 through 31-5-512 of the Uniform Act Regulating Traffic On Highways as adopted by the Town in Section 12-101 of this Code.

(b) For the purposes of this Section, “recreational vehicle” means a motorized vehicle, or a non-motorized vehicle which can be driven or towed by a motorized vehicle, which is primarily designed for temporary living accommodations for recreational, camping and/or travel use including, but not limited to, motorized motorhomes, motorized camping vans, camp/travel trailers, pop-up camp trailers, and slide-in pick-up box campers (but not pick-up box toppers).

(c) It shall be unlawful for any person to park, leave, place or let stand on any public highway, street or alley within the Town or on any municipal Town parking area any vehicle which is not currently licensed to be operated or towed on public highways or which is inoperable, or which cannot be safely operated or towed.

(d) It shall be unlawful for any person to park, leave, place or let stand on any public highway, street or alley within the Town or on any municipal Town parking area any construction equipment, construction machinery, construction materials or supplies, and excavated material, - excluding motor vehicles, for more than fourteen (14) days within any sixty (60 ay period; except and unless actively in use in connection with an ongoing construction project on property adjoining the public highway, street or alley at such location or within the parking area, and only to the extent permitted by the Town Police Department.

(e) It shall be unlawful for any person to park, leave, place or let stand on any public highway, street or alley within the Town any vehicle if any part of the vehicle extends onto or over any public sidewalk or onto or over the travel lane of the public highway, street or alley, or blocks or limits access to any private driveway or blocks or limits access to any business.

(f) Parking of motor vehicles or trailers as defined in this Title, is permitted upon any public street, alley or highway within the Town of Moorcroft, provided such parking does not constitute a safety hazard and further provided that any such parking is “short-term.” For purposes of this provision, “short-term parking” shall be defined as the continuous parking of any motor vehicle or trailer for not more than fourteen (14) consecutive days in any twenty-one (21) day period. It shall be unlawful to continuously park any motor vehicle or trailer on any public street, alley or highway within the Town of Moorcroft for more than fourteen consecutive days in any twenty-one (21) day period.

(G) Unless marked with paint or directed by signage, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked in the direction of authorized traffic movement with the right-hand wheels of the vehicle parallel to and within eighteen (18) inches of the right-hand curb or as close as practicable to the right edge or the right-hand shoulder.

(h) Violation of this section shall be punishable by a fine of up to three-hundred dollars ($300.00).

CHAPTER 4 – SNOWMOBILES

12-401 – OPERATION

12-402 – PROHIBITED VEHICLES

12-403 – INSPECTION

12-404 – PENALTY

12-401 - OPERATION-It shall be unlawful for any person to drive or operate any snowmobile at any place within the Town for recreational use. It shall be lawful for any person to drive or operate a snowmobile within the town if the operator is traveling directly from the operator’s place of residence out of Town or from out of town directly to the operator’s place of residence within the Town, and in any event, the operator shall not operate the snowmobile:(a) On Highways 14, 16, 14-16, or on Big Horn Avenue, except to cross;(b) At a rate of speed greater than reasonable or proper under all surrounding circumstances;

(c) In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage to such person or property;

(d) While under the influence of alcohol or a controlled substance, which, if the operator was operating a motor vehicle, would be in violation of the provisions of Wyoming Statute Section 31-5-233;

(e) Without a lighted head lamp and tail lamp when required for safety;

(f) In any planting area in a manner which damages or destroys growing stock;

(g) Without a muffler in good working order and connected to the snowmobile exhaust system;

(h) Without brakes adequate to control the movement of and to stop and hold the snowmobile;

(i) On the sidewalks of the Town except where necessary to enter or emerge from an alley within the Town;

(j) On direct crossing of a highway, street or alley unless:

(1) The crossing is made at an angle of approximately ninety degrees to the direction of the highway, street or alley and at a place where no obstruction prevents a quick and safe crossing;

(2) The snowmobile is brought to a complete stop before crossing the shoulder or main-traveled way of the highway, street or alley;

(3) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and

(4) In crossing a divided highway, the crossing is made only at the intersection of such highways with another public street or highway;

(k) While towing a sled, toboggan or other object, except with solid hitch;

(l) If the operator does not hold a valid, current driver’s license or is not accompanied by a licensed driver who is actually occupying a seat on the snowmobile while such snowmobile is being operated;

(m) Abreast of another snowmobile;

(n) Between the hours of ten o’clock p.m. and one-half hour before sunrise;

(o) In any Town park or recreation area controlled by the Town, except when posted as “open” to snowmobiles and within the hours permitted;

(p) Upon private property other than that of the snowmobile owner or operator without express permission of the owner;

(q) While carrying a bow or firearm unless the same is securely encased;

(r) Without observing all traffic signs, signals, rules and regulations applying to motor vehicles; or

(s) So as to allow or permit the snowmobile to be or remain unattended on public property, streets, highways or other public grounds or places while the motor is running or with keys to start such snowmobile in the ignition switch.

15-402 - PROHIBITED VEHICLES-No snowmobile or other over-snow vehicle shall be operated within the Town which is propeller driven or which has tracks capable of damaging a road surface, or which has a gross weight exceeding one thousand seven hundred fifty (1,750) pounds.

12-403 - INSPECTION-The Town Police may at any time, upon reasonable cause to believe that a snowmobile is unsafe or not equipped as required by this Section, or that its equipment is not in proper adjustment or repair, required the operator of such snowmobile to stop and submit such snowmobile to an inspection and test with reference thereto as may be appropriated. No person shall operate any snowmobile after receiving such notice with reference thereto as above provided, until such snowmobile and its equipment have been properly repaired and adjusted and otherwise made to conform to the requirements of this Section. Provided however, this Section shall not prohibit a person from returning said snowmobile to the residence of the owner.

12-404 - PENALTY-Violation of any provision of this Chapter shall be punishable by a fine of up to three-hundred dollars ($300.00).”

12-501

REPEALING CLAUSE

Section 12 of the Moorcroft Town Code are hereby repealed in their entirety.

12-502

LEGAL STATUS

Whenever there is a discrepancy between the requirements of these regulations and any other Town regulations, the most restrictive shall apply.

12-503

EFFECTIVE DATE

This Ordinance shall be in full force and effect from and after passage on three readings or an emergency reading and publication according to law

Passed, approved, and adopted on this 22nd day of November, 2023

TOWN OF MOORCROFT:

By: /s/ Dale Petersen

Mayor Protem

ATTEST:

/s/ Cheryl Schneider

Town Clerk/Treasurer

Publish: November 30, 2023