Current through Register Vol. XLI, No. 50, December 13, 2024
Section 204-1-8 - Special Utilization Licenses8.1. The Executive Director may issue a special utilization license to authorize the use of specified facilities of the Hatfield-McCoy Recreation Area by a class of vehicle use that would not be permitted in the absence of the license. Upon application, a special utilization license may be issued to the owner or operator of a single vehicle or to an event promoter or sponsor or to a responsible organized user group.8.2. Where a multiple-vehicle special utilization license is issued to an event promoter, sponsor, or user group, it shall be the responsibility of the promoter, sponsor, or user group to assure that each vehicle operator participating in the event has received a copy of the license; is aware of and has agreed to comply with all of the conditions, restrictions, and requirements applicable to that license; and is properly displaying the license in or on the vehicle.8.3. Every person driving or riding as a passenger in any vehicle covered by any special utilization license must hold and display a currently valid user permit except that where the special utilization license expressly exempts all or some specific persons in the covered vehicle from the user permit requirements, such persons need not hold and display a user permit.8.4. A special utilization license shall be valid only during the specific dates and times specified on the face of the license, which may be any limited period up to and including one year.8.5. Special utilization license fees -- Application for a special utilization license shall be made to the Executive Director by such means as the Authority shall establish accompanied by the basic fee Specified by the Authority for such license. Where unusual expenses or loss of income will be incurred by the Authority as a result of the use of the trail system contemplated by the special utilization license application, the Executive Director may negotiate with the license applicant and assess any additional fee necessary to recover those expenses.8.6. Special utilization licenses are issued entirely in the discretion of the Executive Director based on consideration of the following factors: 8.6.a. The availability and suitability of trail or other facility to accommodate the contemplated recreational use;8.6.b. The number of trail users expected for the licensed activity, and the volume of other recreational traffic anticipated at the time the licensed activity would be undertaken;8.6.c. The ability of the Authority staff to adequately and properly provide staffing assistance to the licensed activity while also carrying on normal staff functions;8.6.d. The need to protect all trail users from unnecessary hazards;8.6.e. The need to protect trails and other facilities from damage;8.6.f. The condition of the trail tread and other facilities due to weather and other variables;8.6.g. The potential of the anticipated use to cause damage, problems, or hazards due to the size, weight, footprint, and cargo capacity of the vehicles that would use the facilities;8.6.h. The desirability of opening the trail system to new user markets and the need to experiment with particular kinds or classes of use to determine suitability and compatibility;8.6.i The demonstrated responsibility, including financial and organizational responsibility, of the applicant for the license; and, 8.6.j. Any other factors deemed appropriate under the circumstances by the Executive Director.8.7. A special utilization license shall be subject to such conditions, restrictions, and requirements as are set out in the license document, which may include any of the following or others:8.7.a. Restrictions on special trails and facilities to be used;8.7.b. Restrictions of specific dates and times of use;8.7.c. Restrictions based on weather and changing trail tread conditions, including a requirement that the activity be cancelled or postponed if necessary;8.7.d. Restrictions on the direction of travel, speed, and grouping or dispersal of trail users;8.7.e. Requirement that the special use be monitored and supervised by one or more licensed Hatfield-McCoy trail guides accompanying the trail users on the trails;8.7.f. Requirement that the vehicles operating under the license must be inspected by a Hatfield-McCoy ranger immediately prior to entering the trail system;8.7.g. Requirements for provision of insurance or bonding, or the payment of a damage deposit by the license holder;8.7.h. Requirements for provision of necessary auxiliary staffing and temporary resources by the license holder; and,8.7.i. Any other conditions, restrictions, or requirements deemed appropriate and necessary by the Executive Director, whether or not the conditions, restrictions, or requirements are similar to those enumerated above.8.8. The special utilization license issued for a vehicle, or a copy of a multiple-vehicle license under which the vehicle is operating, shall be displayed in the lower-front windshield of a vehicle with a windshield or in another clearly visible location on a vehicle without a windshield at all times.8.9. The operator of the vehicle shall allow any ranger or other law enforcement officer to inspect the special utilization license, and, upon request, shall physically surrender the license into the hands of the officer for inspection.