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Chapter 75

CHAPTER 75


ALL-TERRAIN VEHICLES AND SNOWMOBILES

75.01 Purpose
75.02 Definitions
75.03 General Regulations
75.04 Operation of Snowmobiles
75.05 Operation of All-Terrain Vehicles
75.06 Negligence
75.07 Accident Reports
75.08 Additional Regulations

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

75.02 DEFINITIONS. For use in this chapter the following terms are defined:

  1. “All-terrain vehicle” or “ATV” means a motorized flotation-tire vehicle, with not less than three (3) and not more than six (6) low pressure tires, that is limited in engine displacement to less than one thousand (1,000) cubic centimeters and in total dry weight to less than one thousand (1,000) 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 flotation-tire vehicle, with not less than four (4) and not more than six (6) low pressure tires, that is limited in engine displacement to less than one thousand five hundred (1,500) cubic centimeters and in total dry weight to not more than one thousand eight hundred (1,800) pounds and that has a seat that is of bench design, not intended to be straddled by the operator, and a steering wheel for control. 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. 321I.1)
  4. “Snowmobile” means a motorized vehicle weighing less than one thousand (1,000) pounds which uses sled-type runners or skis, endless belt-type tread with a width of forty-eight (48) inches or less, or any combination of runners, skis or tread, and is designed for travel on snow or ice. “Snowmobile” does not include an all-terrain vehicle which has been altered or equipped with runners, skis, belt-type tracks or treads. (Code of Iowa, Sec. 321G.1) (Ord. 650 – Jan. 08 Supp.)

75.03 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 or a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or in violation of rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, equipment and manner of operation. (Ord. 650 – Jan. 08 Supp.) (Code of Iowa, Ch. 321G & Ch. 321I)

75.04 OPERATION OF SNOWMOBILES. The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City:

  1. Permitted Travel Routes. Snowmobiles shall be operated only upon streets which have not been plowed during the snow season and on permitted travel routes consisting of all streets and alleys within the City limits except the following: (Code of Iowa, Sec. 321G.9[4a])

    A. Central Avenue;
    B. Avenue E;
    C. Tenth (10th) Street;
    D. Sixteenth (16th) Street;
    E. Avenue L from 11th Street to 12th Street;
    F. Avenue M from 11th Street to 12th Street;
    G. Twelfth (12th) Street from Avenue L to Avenue M;
    H. Eleventh (11th) Street from Avenue L to Avenue M.

  2. Exceptions. Snowmobiles may be operated on prohibited streets only under the following circumstances: A. Emergencies. Snowmobiles may be operated on any street in an emergency during the period of time when and at locations where snow upon the roadway renders travel by conventional motor vehicles impractical. (Code of Iowa, Sec. 321G.9[4c]) B. Direct Crossing. Snowmobiles may make a direct crossing of a prohibited street provided all of the following occur:

    (1) The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the street and at a place where no obstruction prevents a quick and safe crossing;
    (2) The snowmobile is brought to a complete stop before crossing the street; (3) The driver yields the right-of-way to all on-coming traffic which constitutes an immediate hazard; and
    (4) In crossing a divided street, the crossing is made only at an intersection of such street with another street.

    However, no crossing shall take place at the intersection of Central avenue with 8th Street, 9th Street and 10th Street.

  3. Railroad Right-of-way. Snowmobiles shall not be operated on an operating railroad right-of-way. A snowmobile 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. 321G.13[1h])
  4. Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated. (Code of Iowa, Sec. 321G.9[4 g])
  5. Parks and Other City Land. Snowmobiles shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City. A snowmobile shall not be operated on any City land without a snow cover of at least one-tenth of one inch.
  6. Sidewalk or Parking. Snowmobiles 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” except for purposes of crossing the same to a public street upon which operation is authorized by this chapter.

75.05 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 may be operated on streets only in accordance with Section 321.234A of the Code of Iowa or on such streets as may be designated by resolution of the Council for the sport of driving ATVs. (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. Railroad Right-of-way. ATVs shall not be operated on an operating railroad right-of-way. An ATV 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. 321I.14[1h])
  4. 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.
  5. 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.”

75.06 NEGLIGENCE. The owner and operator of an ATV or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile. The owner of an ATV or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV or snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV or snowmobile at the time the injury or damage occurred. (Code of Iowa, Sec. 321G.18 & 321I.19)

75.07 ACCIDENT REPORTS. Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand dollars ($1000.00) 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. 321G.10 & 321I.11)

75.08 ADDITIONAL REGULATIONS. The following additional regulations shall be observed by operators of snowmobiles and all-terrain vehicles in addition to complying with all other applicable Federal, State and City laws, ordinances and regulations while operating on “permitted travel routes” or elsewhere within the City limits:

  1. The operator shall obey all traffic laws applicable to automobiles.
  2. The operator shall be at least 16 years of age and have a valid motor vehicle operator’s license in his or her possession.
  3. The operator shall have in his or her possession proof of proper registration and proof of financial responsibility.
  4. The snowmobile or all-terrain vehicle shall be equipped with a headlight and taillight which are in good working order and which shall remain lighted at all times.
  5. All snowmobiles and all-terrain vehicles operated within the City limits shall be equipped with a muffler in good working order and in constant operation. No person shall operate a snowmobile or all-terrain vehicle within the City limits, which is equipped with a muffler cut-out, bypass or similar device.
  6. Snowmobiles and all-terrain vehicles shall not be operated in any part of the City park system or in the dike area or dry creek area, nor shall they be operated on any private property without the express permission of the property owner.
  7. Snowmobiles and all-terrain vehicles shall not be operated between the hours of 10:00 p.m. and 7:00 a.m.
  8. No snowmobile or all-terrain vehicle shall be operated on any City-owned and operated property within the City limits except those streets and alleys designated in Section 75.04 as “permitted travel routes,” except any City-owned property leased to a private party when the private party has granted express permission to the operator.

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