Chapter 10.08 OFF-HIGHWAY VEHICLES ADOPTED

Chapter 10.08 OFF-HIGHWAY VEHICLES ADOPTED

10.08.010 Title.

This ordinance shall be referred to as the “Pueblo County Ordinance Regarding Off-Highway Vehicles and Golf Cars Within the Colorado City Metropolitan District,” and may be cited and referenced as such. 

10.08.020 Authority.

Sections 33-14.5-108(1) and 33-14.5-110 C.R.S., as amended, authorize the Board of County Commissioners to adopt regulations for the control of matters of local concern, including regulation of the operation of Off-Highway Vehicles on County roads.

10.08.030 Definitions.

The County hereby adopts the statutory definition of Off-Highway Vehicle (OHV) from C.R.S. Section 33-14.5-101(3) as any self-propelled vehicle which is designated to travel on wheels or tracks in contact with the ground, which is designed primarily for use off of the public highways, and which is generally and commonly used to transport persons for recreational purposes and certain surplus military vehicles as defined in C.R.S. Section 42-6-102.  OHV does not include the following: (a) Vehicles designed and used primarily for travel on, over, or in the water; (b) Snowmobiles; (c) Military vehicles; (d) Golf carts; (e) Vehicles designed and used to carry disabled persons; (f) Vehicles designed and used primarily for agricultural, logging, or mining purposes; (g) Vehicles registered pursuant to Article 3 of Title 42, C.R.S.; or (h) certain surplus military vehicles used by local governments for firefighting efforts. 

10.08.040 Designation of Routes.

OHV travel shall be allowed, subject to the restrictions listed in this Ordinance, on all county roads located within the boundaries of the Colorado City Metropolitan District (“CCMD”) and no other areas.  

10.08.050 Restrictions and Prohibited Acts.

Section 5.01    Any person operating an OHV on County roads within the CCMD pursuant to this Ordinance shall be in possession of a valid motor vehicle operator’s license and be at least 16 years of age.

Section 5.02     Helmets are required for OHV operators and passengers under the age of 18.

Section 5.03     Seat belts shall be worn if the vehicle has them as standard equipment.

Section 5.04     A child restraint system shall be used if the OHV was designed by the manufacturer to be used with a child restraint system.

Section 5.05     The number of occupants of an OHV shall be limited to the greater of the

1number of occupants that the off highway vehicle was designed by the manufacturer to hold or the number of occupants that that the vehicle was designed to hold plus one occupant in an aftermarket seat if the aftermarket seat is installed in accordance with the instructions of the aftermarket seat manufacturer and does not extend outside the roll cage; if the off highway vehicle is an all-terrain vehicle or motorcycle, limit the number of occupants to two.

Section 5.06     Eye protection is required for all OHV operators and passengers.

Section 5.07   Any person operating an OHV on County roads within the CCMD shall have the vehicle registered and numbered with the Colorado Parks and Wildlife Division. 

Section 5.08  OHVs operating on Pueblo County roads within the CCMD shall be equipped with:

  1. A muffler in constant operation and properly maintained;
  2. A spark arrestor in good working order which has been approved by the U.S. Forest Service as evidenced by the bona fide permanent marking of “qualified” or “approved” on the spark arrestor;
  3.  A braking system that may be operated by hand or foot, capable of producing deceleration of 14 feet per second on ground level at a speed of 20 miles per hour; and
  4. At least one lighted headlamp and one lighted tail lamp, each having the minimum candlepower prescribed by regulation of the Division of Parks and Wildlife while being operated between the hours of sunset and sunrise. Headlights, taillights, and front and rear turn signal lights must be illuminated and in working condition on any OHV operated between one-half hour after sunset and one-half hour before sunrise.
  5. A florescent red or orange safety flag shall be affixed to the rear of any OHV 5 feet to 7 feet above the ground and must be displayed at all times the vehicle is operated on County roads.

Section 5.08     It shall be unlawful to operate an OHV on County roads within the CCMD in any of the following manners:

  1. On any portion of any street except the far-right portion of the street;
  2. To ride together in any pattern except in single file.

Section 5.09     OHVs operating on Pueblo County roads within the CCMD shall be considered to be motor vehicles for purposes of maintaining at lease the minimum liability insurance coverage required by the Colorado Motor Vehicle Financial Responsibility Law, Title 42, Article 7, C.R.S.

Section 5.10     All ordinances and regulations pertaining to vehicles or motor vehicles shall be applicable to the operation of OHVs on County roads within the CCMD, except those which, by their nature, can have no application. In the event of a conflict between such ordinances and regulations and this Ordinance, this Ordinance shall govern.

Section 5.11 On County roads within the CCMD, OHVs shall drive at the posted speed limit. If there is no posted speed limit, the speed limit is 20 miles per hour. 

10.08.060 Golf Cars.

Pursuant to C.R.S. Section 42-1-102(39.5) “golf car” means a self-propelled vehicle not designed primarily for operation on roadways and that has: (a) A design speed of less than twenty miles per hour; (b) At least three wheels in contact with the ground; (c) An empty weight of not more than one thousand three hundred pounds; and (d) A carrying capacity of not more than four persons.

Consistent with C.R.S. Section 42-4-111(1)(bb), the County authorizes the use of golf cars on streets and highways within the Colorado City Metropolitan District consistent and in compliance with the requirements of Title 42, C.R.S. provided:

  1. Any person operating a golf car in the CCMD must be at least sixteen (16) years of age and have in their possession a valid current driver’s license;
  2. A golf car operated on County roads within the CCMD shall display a triangular slow moving vehicle emblem on the rear, have rear tail/break lights and reflex reflectors on each side and one on the rear; must have a windshield or protective eye wear, and must have headlights and tail lights if operating at night; and
  3. A golf car shall not operate on a state highway; except a golf car may directly cross a state highway at an at-grade crossing to continue traveling along a roadway that is not a state highway. 

10.08.070 Limitations.

This Ordinance does not authorize or designate the use of OHVs on lands, roads, or trails under the jurisdiction of municipalities or state agencies or on other lands or roads not within the boundaries of the CCMD.  Nothing in this Ordinance shall prohibit the use of OHVs for agricultural purposes on any County road. 

10.08.080 Penalties.

The following penalties shall apply to this Ordinance:

Section 7.01 The provisions of C.R.S. Section 42-4-1701 are adopted by this reference.

Section 7.02 Prosecution may be brought against a violator in accordance with C.R.S. Section 30-15-402, and under the penalty assessment procedure provided in C.R.S. Section 16-2-201.  Such violations shall be a Class 2 Petty Offense and, upon conviction or confession of guilt thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) for each separate violation, plus a surcharge of ten dollars ($10) under C.R.S. Section 30-15-402(2) and any applicable Court surcharges and administrative fees.

Section 7.03 Each violation of this Ordinance shall be deemed separate and distinct from any other violation of this Ordinance or of any other federal, state, or local law rule, order, or regulation. 

10.08.090 Application.

The restrictions on operation of OHVs contained in this Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, within the Colorado City Metropolitan District, the use of which this County has jurisdiction and authority to regulate. 

10.08.110 Validity.

If any part or parts of this Ordinance are for any reason found to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.  The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts are declared invalid. 

10.08.111 Safety.

The adoption of this Ordinance is in the best interest, safety, and welfare of the citizens of and visitors to Pueblo County. 

10.08.112 Sunset Clause.

No later than 30 days prior to December 31, 2026, Pueblo County shall consider the effectiveness of this Ordinance at achieving its purposes and protecting the health, safety, and welfare of its residents. Without further action by the Board of County Commissioners, this resolution shall expire on December 31, 2026, without further action of the Board. (Ord. 2024-31 § 12, Ord. 2025-33 § 12)

10.08.113 Authenticity.

The foregoing text is the authentic text of Pueblo County Ordinance No. 2025-33.

The first reading of said Ordinance took place on December 9, 2025.  It was published in full in the Pueblo Chieftain, a newspaper of general circulation in Pueblo County, Colorado, on December 11, 2025. 

It was adopted on December 22, 2025, and the Pueblo County Clerk is hereby ordered and directed to cause this Ordinance to be republished by title and with amended sections in the Pueblo Chieftain, a newspaper of general circulation in Pueblo County, Colorado, December 18, 2025, and shall take effect on (30 days later) January 26, 2026. (Ord. 2024-31 § 13, Ord. 2025-33 § 13)

 

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