BE IT ORDAINED By the City of Hawarden City Council as follows:
Section 1. That Title 9, Chapter 9.04, Section 9.04.05 is hereby deleted in its entirety and replaced with the following text:
9.04.05 Snowmobile and All-Terrain Vehicle Regulations. The following additional regulations shall be observed by operators of snowmobiles and all-terrain vehicles:
An operator of a snowmobile or an all-terrain vehicle shall comply with the following requirements 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 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 nor 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 herein 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.
a. Permitted travel routes shall consist of all streets and alleys within the city limits except Central Avenue, Avenue E, 10th Street, 16th Street, Avenue L from 11th to 12th Street, Avenue M from 11th to 12th Street, 12th Street from Avenue L to Avenue M, and on 11th Street from Avenue L to Avenue M.
b. An all-terrain vehicle or snowmobile may make a direct crossing of a street or highway which is not a permitted travel route provided:
(1). 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; and
(2). The all-terrain vehicle or snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and
(3). The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard; and,
(4). The crossing shall not take place at the intersections of Central Avenue with 8th, 9th, or 10th Streets.
Note: Underlined text is additions to the previous document presented, while strike thru text are deletions to the previous document presented. "*" Indicate that sections of City code that exist, but are not shown because they are not proposed to be changed.
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
Section 3. Severability. If any section, provision, or part of this ordinance shall be adjudged to be 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. Effective Date. This ordinance shall be in effect after its final passage, approval, and publication as provided by law.
Passed and approved this 8th day October 2003.
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Ricard R. Porter, Mayor
ATTEST:
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Craig M. Coffey, City Administrator/Clerk
First Reading: September 8, 2003
Second Reading: September 22, 2003
Third Reading: October 8, 2003
I hereby certify that the foregoing Ordinance No. 618 was published in the Hawarden Independent, a newspaper printed and published and has a circulation in the City of Hawarden, Iowa on the 16th day of October 2003.
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Craig Coffey, City Administrator/Clerk