City of Kingsley, Ordinance No. 236 — All-Terrain Vehicles

City of Kingsley
ORDINANCE NO. 236  
CHAPTER 10.70
ALL-TERRAIN VEHICLES

10.70.010  Purpose
10.70.020  Definitions
10.70.030 General Regulations
10.70.040  Operation of All-Terrain Vehicles  
10.70.050  Hours of Operation  
10.70.060  Negligence    
10.70.070  Financial Responsibility
10.70.080  Accident Reports

10.70.010    PURPOSE.  The purpose of this chapter is to regulate the operation of all-terrain vehicles within the City.

10.70.020  DEFINITIONS.  For use in this chapter the following terms are defined:
1. “All-terrain vehicle” or “ATV” means a motorized vehicle, with not less than three and not more than six non-highway tires, that is limited in engine displacement to less than 1,000 cubic centimeters and in total dry weight to less than 1,200 pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control.
(Code of Iowa, Sec. 321I.1)

2. “Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or saddle designed to be straddled by the operator and handlebars for steering control and that is intended by the manufacturer for use on natural terrain.  “Off-road motorcycle” includes a motorcycle that was originally issued a certificate of title and registered for highway use under Chapter 321 of the Code of Iowa, but which contains design features that enable operation over natural terrain.  An operator of an off-road motorcycle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.
(Code of Iowa, Sec. 321I.1)

3. “Off-road utility vehicle” means a motorized vehicle, with not less than four and not more than eight non-highway tires or rubberized tracks, that has a seat that is of bucket or bench design, not intended to be straddled by the operator, and a steering wheel or control levers for control.  “Off-road utility vehicle” includes the following vehicles:
(Code of Iowa, Sec. 321I.1)

A. “Off-road utility vehicle – type 1” includes vehicles with a total dry weight of 1,200 pounds or less and a width of 50 inches or less.
B. “Off-road utility vehicle – type 2” includes vehicles, other than type 1 vehicles, with a total dry weight of 2,000 pounds or less and a width of 65 inches or less.
C. “Off-road utility vehicle – type 3” includes vehicles with a total dry weight of more than 2,000 pounds or a width of more than 65 inches, or both.
An operator of an off-road utility vehicle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.
(Code of Iowa, Sec. 321G.1)

10.70.030    GENERAL REGULATIONS.  No person shall operate an ATV, off-road motorcycle or off-road utility vehicle within the City in violation of Chapter 321I of the Code of Iowa and must be operated by persons possessing a valid Iowa operator’s license and who is at least sixteen (16) years of age.  All traffic regulations applicable to the operation of motor vehicles on streets, roads, and highways of the State of Iowa and the City of Kingsley shall apply to the operation of a ATV, off-road motorcycle or off-road utility vehicle on the streets and alleys of the City of Kingsley.  An ATV must be registered with the Iowa Department of Natural Resources and the registration and non-resident user permit decals must be displayed on the machine.
(Code of Iowa, Ch. 321I)

10.70.040 OPERATION OF ALL-TERRAIN VEHICLES.  The operators of ATVs shall comply with the following restrictions as to where ATVs may be operated within the City:

1. Streets.  ATVs and off-road utility vehicles may be operated on streets only in accordance with Section 321.234A of the Code of Iowa.
(Code of Iowa, Sec. 321I.10[1 & 3])

2. Trails.  ATVs shall not be operated on snowmobile trails except where designated.
(Code of Iowa, Sec. 321I.10[4])

3. Parks and Other City Land.  ATVs shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City.

4. Sidewalk or Parking.  ATVs shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking.”

5. Direct Crossing.  An all-terrain vehicle or off-road utility vehicle may make a direct crossing of a highway provided all of the following occur:
(Code of Iowa, Sec. 321I.10[5])
A. The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing.
B. The all-terrain vehicle or off-road utility vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway.
C. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.
D. The crossing is made from a street, roadway, or highway designated as an all-terrain vehicle trail by a state agency, county, or city to a street, roadway, or highway designated as an all-terrain vehicle trail by a state agency, county, or city.

10.70.050    HOURS OF OPERATION.  No ATVs, off-road motorcycles, or off-road utility vehicles shall be operated anywhere in the City between the hours of 10:00 p.m. and 6:00 a.m. except for emergency situations or for loading or unloading from a transport trailer.

10.70.060  NEGLIGENCE.  The owner and operator of an ATV are liable for any injury or damage occasioned by the negligent operation of the ATV.  The owner of an ATV shall be liable for any such injury or damage only if the owner was the operator of the ATV at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV at the time the injury or damage occurred.
(Code of Iowa, Sec. 321I.19)

10.70.070    FINANCIAL RESPONSIBILITY.  The owner or operator of any ATV/UTV must maintain and provide current proof of financial responsibility in accordance with Iowa Code Section 321.20B when operated or used for any purpose inside the City limits.

10.70.080    ACCIDENT REPORTS.  Whenever an ATV is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand five hundred dollars ($1,500.00) or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law.
(Code of Iowa, Sec. 321I.11)

Passed by the Council on the 6th day of August, 2018 and approved this 6th day of August, 2018.

First Reading: March 5, 2018
Second Reading: April 2, 2018
Third Reading: August 6, 2018

City of Kingsley
By: ____________________
Rick Bohle, Mayor
City of Kingsley

Attest:
________________________
Vicki Sitzmann, City Clerk
City of Kingsley

Published in The Record
Thursday, August 16, 2018

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