ALL-TERRAIN VEHICLES AND OFF-ROAD UTILITY VEHICLES
The purpose of this chapter is to permit the operation of all-terrain vehicles and off-road utility vehicles on certain streets and alleys in the City, as authorized by Iowa Code Section 321.247, as amended, and regulating their use. This chapter applies whenever an all-terrain vehicle or off-road utility vehicle is operated on any street or alley or on any other public or private property, subject to the restrictions stated herein.
For purposes of this chapter, the following terms are defined:
1. “All-Terrain Vehicle” or “ATV” means a motorized flotation-tire vehicle with not less than three and not more than six low-pressure tires that is limited in engine displacement to less than one thousand cubic centimeters and in total dry weight of not more than 1,000 pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control.
2. “Off-Road Utility Vehicle” or “UTV” means a motorized flotation-tire vehicle with not less than four and not more than eight low-pressure tires that is limited in engine displacement to less than 1,500 cubic centimeters and in total dry weight of not more than 1,900 pounds and 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.
3. “Street” means only that portion of the street between the curbs or, in the absence of curbs, only the traveled portion of the street.
73.03 TRAFFIC CODE APPLIES.
Except as modified by this chapter, every person operating an ATV or UTV upon a street or alley shall be granted all of the rights and privileges and shall be subject to all the duties and obligations applicable to the driver of a vehicle, including the financial responsibility provisions of Iowa Code Chapter 321A, and to the laws of the State declaring the rules of the road applicable to the driver of the vehicle, except as to those provisions which by their nature can have no application.
73.04 RIDING ON ATVS AND UTVS.
A person operating an ATV or UTV shall not ride other than on a permanent seat regularly attached thereto. All occupants must be in a seated position at all times with no more passengers than the seat(s) are designed to accommodate. No one may be standing on the vehicle or sitting on another passenger while the vehicle is in operation. The operator and all passengers of a UTV shall wear the seatbelt or harness as so equipped by the manufacturer.
73.05 OPERATION PERMITTED.
ATVs and UTVs may be operated upon the street or alleys of the City by persons who are at least sixteen (16) years of age, subject to the restrictions set forth in this chapter..
73.06 PROHIBITED AREAS.
1. ATVs and UTVs shall not be operated in any public park, cemetery or other public grounds or on any public sidewalk.
2. No ATV or UTV shall be operated on private property without the express consent of the owner.
3. ATVs and UTVs shall not be operated upon any City street which is a primary road extension except for crossing primary road extensions at locations hereafter provided. Iowa Highways 9 and 76 are hereby designated as primary road extensions in the City. ATVs and UTVs may cross such primary road extensions only at the following locations:
A. Third Avenue NW and 9th Street NW.
B. Prairie Avenue/8th Avenue NW and 9th Street NW.
C. Third Avenue SW/SE and Hwy 9 & 76 Rossville Road.
D. Third Avenue NE/NW and Allamakee Street
E. Second Street NW/SW and West Main Street.
The prohibition set forth in Section 73.06 shall not apply to the following:
1. The operation is incidental to the vehicle’s use for the purpose of surveying by a licensed engineer or land surveyor.
2. Operation of the vehicle by an employee or agent of a political subdivision of the State of Iowa or a public utility.
3. The operation by an employee or agent of a public agency for the purpose of providing emergency services or rescue.
73.08 PRIMARY ROAD EXTENSION CROSSINGS.
The crossing of primary road extensions shall be made in compliance with the following requirements:
- The crossing is made at an angle of approximately ninety degrees to the direction of the street or alley or highway and at a place where no obstruction prevents a quick and safe crossing; and
- The ATV or UTV is brought to a complete stop before crossing the street or alley or highway; and
- The operator yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.
73.09 OTHER REQUIREMENTS AND RESTRICTIONS.
A person shall not drive or operate an ATV or UTV on a public street or alley:
1. Unless the person has a valid driver’s license and valid proof of insurance in compliance with Iowa Code Chapter 321A.
2. Unless the ATV or UTV is registered with the Iowa Department of Natural Resources (IDNR) and properly displays a registration decal.
3. Unless the operator is at least eighteen years of age, without a valid IDNR certification for the ATV or UTV Vehicle Education Course in his or her possession.
4. In a careless, reckless or negligent manner so as to endanger the person or property of another or cause injury or damage thereto.
5. Between sunset and sunrise as established by the National Weather Service.
6. At a speed in excess of fifteen (15) miles per hour.
7. Without a lighted headlight and taillight rendering clearly discernable persons and vehicles at a distance of 500 feet ahead and behind, or without a minimum of one mirror to allow visibility at a minimum distance of 200 feet behind the vehicle.
The operation of an ATV or UTV in violation of any of the provisions of this chapter may be charged either against the operator of the ATV or UTV or against the owner if the ATV or UTV is operated with the consent of the owner. In the case of violations by the operator of a ATV or UTV operating with the consent of the owner, the violation shall be charged against the owner only as a municipal infraction and the following civil penalty shall be applicable:
1. In the case of a first violation – $100.00.
2. For the second violation within one calendar year – $200.00.
3. In the event of a third violation within one calendar year – $300.00.