Chapter 088: Off Highway Recreation Vehicles (OHRV) on Town Property

[HISTORY: Adopted by the Town Council of the Town of Durham through Ordinance #2020-06 dated February 3, 2020].

No person shall operate any Off-Highway Recreational Vehicle (OHRV) on any property owned by the Town of Durham

88-1.    Authority

This ordinance has been enacted pursuant to the authority granted the Durham Town Council by NH RSA 41:11-a (Town Property), which allows the Durham Town Council to adopt ordinances to regulate the use of Town owned lands.

88-2.    Purpose and Intent

• To protect the users of Town property from physical injury that may result from the unrestricted operation of motor vehicles at these locations.
• To prevent damage to Town property including playing fields, trails, parking areas, steep slopes, wetlands, activity areas and other improvements, thereby reducing the cost to the taxpayers of Durham for operating and managing these facilities.
• To prevent soil erosion, damage to vegetation and turf, and other injury to the environment.
• To reduce the risk of fire from motorized vehicles on Town property.
• To reduce the amount of unwanted noise, dust and flying debris.
• To encourage indigenous wildlife to inhabit Durham’s conservation areas.
• To protect the use and enjoyment of these areas for the users of these areas.
• To limit the Town’s exposure to liability for any injuries that might result from the unrestricted operation of motor vehicles on Town property.

88-3.    Definitions

“Off Highway Recreational Vehicle (OHRV)” shall mean any and all liquid petroleum, gasoline, propane or electrically powered vehicles which travel on one or more wheels or tracks, including but not limited to All-Terrain Vehicles (ATVs), Off Highway Recreational Vehicles (OHRVs), Utility Terrain Vehicles (UTVs), and  trail bikes as defined by RSA 215-A:1, as well as snowmobiles.

Such vehicles shall not include:

• Wheeled devices typically designed and intended for use by, and operated by the handicapped which were not originally manufactured as motor vehicles such as trail bikes or ATVs;
• Maintenance and repair equipment operated by or with the authorization of the Town of Durham:
• Any emergency vehicles operated by or under the direction of the Durham Police, Fire, and/or McGregor Ambulance service as well as similar vehicles of local, State or federal government agencies conducting similar activities;

“Town-owned Land” shall mean any and all land acquired by the Town of Durham whether by purchase, gift, tax deeding, or any other means in accordance with the laws of the State of New Hampshire, which may include but not be limited to recreational facilities and sports fields.

88-4.    Penalties

The penalty for the violation of this ordinance shall be a fine not to exceed one hundred dollars ($150.00) for each instance.