Anthon City Council — Ordinance No. 229 (All-Terrain Vehicles)

Anthon City Council
ORDINANCE NO. 229
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ANTHON, IOWA,
BY AMENDING PROVISIONS PERTAINING TO ALL-TERRAIN VEHICLES

Be It Enacted by the City Council of the City of Anthon, Iowa:
SECTION 1. SUBSECTION MODIFIED. Subsection 3 of Section 75.02 of the Code of
Ordinances ofthe City of Anthon, Iowa, is repealed and the following adopted in lieu thereof:

3. “Off-road utility vehicle” or “UTV” 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” or “UTV” includes the following vehicles:
(Code of Iowa, Sec. 3211.1])

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 UTV is also subject to the provisions of this chapter governing the operation of ATVs.

SECTION 2. SECTION MODIFIED. Section 75.05 of the Code of Ordinances of the City of Anthon, Iowa, is repealed and the following adopted in lieu thereof:
75.05 OPERATION OF ATVS AND UTVS. The operators of ATVs and UTVs shall comply with the following restrictions as to where ATVs and UTVs may be operated within the City:
1. Streets. ATVs and UTVs may be operated on roadways or highways in accordance with Section 321.234A of the Code of Iowa. A City may regulate the operation of registered ATVs and UTVs and may designate streets under the jurisdiction of the City within its corporate limits, and two-lane primary and secondary road extensions in the City, which may be used for the operation of such vehicles. In designating such streets, the City may authorize ATVs and UTVS to stop at service stations or convenience stores along a designated street. (Code of Iowa, Sec. 3211.10[1 and 3])
2. Trails. ATVs and UTVs shall not be operated on snowmobile trails except where designated. (Code of Iowa, Sec. 3211.10[4])
3. Railroad Right-of-Way. ATVs and UTVs shall not be operated on an operating railroad right-of-way. An ATV or UTV may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of law may, if necessary, use the improved portion of the established crossing after yielding to all oncoming traffic.
(Code of Iowa, Sec. 3211.14[1h])
4. Parks and Other City Land. ATVs and UT\/s shall not be operated in any park, playground, or upon any other City-owned property without the express permission of the City.
5. Sidewalk or Parking. ATVs and UTVs 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.”
6. Private Proper:y. ATVs and UTVS are prohibited on private property owned by others.

7. Direct Crossing. An ATV or UTV may make a direct crossing of a highway that is not part of the interstate road system provided all of the following occur:
(Code of Iowa, Sec. 3211.10[5])
A. The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing.
B. The ATV or UTV 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. In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.
E. The crossing is made from a street, roadway, or highway on which the ATV or UTV is authorized to operate to a street, roadway, or highway on which such vehicle is authorized to operate.

SECTION 3. SEVERABILITY CLAUSE. 1f any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.
Passed by the Council on the 14th day of November, 2022, and approved this 14th day of November, 2022.
______________________
Lisa M. Petersen, Mayor
ATTEST: _______________
Amy Buck, Deputy City Clerk

First Reading: November 14, 2022
Second Reading: Waived
Third Reading: Waived

I certify that the foregoing was published as Ordinance No. 229 on the 24”’ day of November, 2022.
________________________
Amy Buck, Deputy City Clerk

Published in The Record
Thursday, November 24, 2022