[HISTORY: Adopted by the Town Meeting of the Town of Salem 3-15-2003 (Ch. 162 of the 1995 Code). Amendments noted where applicable.]
For purposes of this chapter, "off-highway recreational vehicle" shall have the meaning provided in RSA 215-A:1, VI.
No person shall operate an off-highway recreational vehicle:
In excess of 25 miles per hour during night hours within the Town of Salem, New Hampshire. As used in this subsection, "night hours" means the hours between 1/2 hour after sunset and 1/2 hour before sunrise.
Upon any portion of the right-of-way of any public way, including the traveled portion of a maintained public way, except as provided in this chapter.
Within the limits of any railroad right-of-way where the rails are still intact unless otherwise posted, except in any emergency pursuant to the provisions of RSA 215-A:9, VII; provided, however, that an off-highway recreational vehicle may be driven upon the right-of-way of any railroad for a crossing of the tracks at their intersection with an authorized trail, road or highway where an off-highway recreational vehicle is not otherwise prohibited. Any person violating the provisions of this subsection shall be guilty of a violation for the first offense and shall be guilty of a misdemeanor for any subsequent offense.
Upon any airport runway or landing field, or within cemeteries, except in an emergency pursuant to the provisions of RSA 215-A:9, VII. Any person violating the provisions of this subsection shall be guilty of a violation for the first offense and shall be guilty of a misdemeanor for any subsequent offense.
On the right-of-way of any public way classified as a Class I highway and designated as an interstate highway, toll road or limited access highway.
When meeting, the operators of off-highway recreational vehicles shall reasonably turn to the right and reduce speed to avoid collision.
No person shall operate an off-highway recreational vehicle at a speed greater than is reasonable and prudent under the existing conditions and without regard for actual and potential hazards. In all cases speed shall be controlled so that the operator will be able to avoid colliding with any person, vehicle, or object.
Where no hazards exist which would require a lower speed to comply with Subsection A, the speed of any off-highway recreational vehicle in excess of the limit specified in this section shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful:
Ten miles per hour within 150 feet of any so-called bob-house, fishing shanty or occupied fishing hole of another.
Ten miles per hour on Class I through VI highways when the off-highway recreational vehicle is being operated within the rights-of-way adjacent to such highways; town or city sidewalks; Class IV, V, and VI highways approved for off-highway recreational vehicle operation; and bridges open for off-highway recreational vehicle operation.
Ten miles per hour at trail junctions or parking lots or when passing trail grooming equipment.
Ten miles per hour within 150 feet of any person unless operating in a designated area.
Fifteen miles per hour on plowed roads on Department of Resources and Economic Development property open to off-highway recreational vehicle operation.
Thirty-five miles per hour on all trail connectors.
Forty-five miles per hour when operating an off-highway recreational vehicle on any approved off-highway recreational vehicle trail.
The driver of every off-highway recreational vehicle shall, consistent with the requirements of Subsection A, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding trail, and when a special hazard exists with respect to pedestrians or other traffic by reason of weather or trail conditions.
Pursuant to RSA 215-A:15, towns and cities may authorize the use of sidewalks and Class IV, Class V or Class VI highways and bridges, or portions thereof, for use by off-highway recreational vehicles. The operation of off-highway recreational vehicles may also be allowed on sidewalks adjacent to Class I, Class II, Class III, or Class III-a highways pursuant to RSA 236:56, II(e). Operators of off-highway recreational vehicles using said roads, or portions thereof, shall keep to the extreme right and shall yield to all conventional motor vehicle traffic. The Bureau of Trails, or its designee, shall so post such highways where authorized.
A person may operate an off-highway recreational vehicle across any public way where the operation of said off-highway recreational vehicle is not otherwise prohibited by law, but said person shall comply with the following provisions:
The crossing shall be made at an angle of approximately 90° to the direction of the public way and at a place where no obstruction prevents a quick and safe crossing;
The operator shall bring the off-highway recreational vehicle to a complete stop before crossing the shoulder or, if none, the public way, before proceeding;
The operator shall yield the right-of-way to all motor vehicle traffic on such public way which constitutes an immediate hazard to such crossing; and
The operator shall possess a valid motor vehicle driver's license or shall have successfully completed the approved off-highway recreational vehicle safety training course.
Only all-terrain vehicles as defined by RSA 215-A:1, I-b, trail bikes as defined by RSA 215-A:1, XIV, and snow traveling vehicles as defined by RSA 259:102 may be operated on any frozen surface of any public body of water within the Town of Salem, New Hampshire.
Any person violating any provisions of this chapter shall be punishable by a fine as authorized under RSA 215-A, Off Highway Recreational Vehicles and Trails.