Chapter 73
ALL-TERRAIN VEHICLES AND OFF-ROAD UTILITY VEHICLES
Modified July 2023
73.01 PURPOSE.
The purpose of this chapter is to permit the operation of all-terrain vehicles and off-road utility vehicles on certain highways, streets, and alleys in the City 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.
73.02 DEFINITIONS.
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.
(Code of Iowa, Sec. 321I.1[1][a])
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. “Off-road utility vehicle” includes the following vehicles:
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.
(Code of Iowa, Sec. 321I.1[17][a])
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 GENERAL REGULATIONS.
No person shall operate an ATV or UTV within the City in violation of Iowa Code Chapter 321I 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.
73.05 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 an ATV or UTV shall wear the seatbelt or harness as so equipped by the manufacturer.
73.06 OPERATION ON CITY STREETS AND ALLEYS.
A person operating an ATV or UTV on a city street or alley shall have a valid driver’s license and operate the vehicle in accordance with posted speed limits and other applicable traffic code provisions. The operator, except as specified in Iowa Code Section 321.234A(1)(a), shall also be at least eighteen years of age and have financial liability coverage in effect for the vehicle and carry proof of such financial liability coverage in accordance with Iowa Code Section 321.20B.
73.07 OPERATION ON PRIMARY AND SECONDARY ROADS.
A person may operate an ATV or UTV on any primary or secondary road within the City’s corporate limits. The person shall operate the vehicle at speeds of thirty-five miles per hour or less but otherwise follow the same requirements articulated in Section 73.06.
73.08 OPERATION IN CITY PARK.
A person may operate an ATV or UTV on the roads in the Waukon City Park between the hours of sunrise and sunset. The person shall operate the vehicle at posted speed limits and otherwise follow the same requirements articulated in Section 73.06.
73.09 PROHIBITED AREAS.
1. Except as modified in this chapter, ATVs and UTVs shall not be operated in any public park, cemetery or other public grounds, or on any public sidewalk without the express permission of the City.
2. No ATV or UTV shall be operated on private property without the express consent of the owner.
73.10 EXCEPTIONS.
The prohibition set forth in Section 73.09 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.
73.11 OTHER REQUIREMENTS AND RESTRICTIONS.
1. Unless otherwise noted in this chapter, a person shall not drive or operate an ATV or UTV within the city’s corporate limits between the hours of twelve o’clock (12:00) midnight and five o’clock (5:00) a.m.
2. An ATV or UTV operated on a primary road, secondary road, street, or alley shall be equipped with the parts, lamps, and other equipment in proper condition and adjustment as required for other motor vehicles, including but not limited to the parts, lamps, and equipment required under Iowa Code Sections 321.386, 321.387, 321.404, 321.432, and 321.437.
(Code of Iowa, Sec. 321.234A[2a])
3. ATVs and UTVs operated on a primary road, secondary road, street, or alley a shall display lighted headlamps as provided in Iowa Code Section 321.415 at all times while the vehicle is operated on a highway.
(Code of Iowa, Sec. 321.384[1])
4. Any ATV or UTV driven or operated on a primary road, secondary road, street, or alley shall be equipped with at least one and not more than two headlamps which shall comply with the requirements of Iowa Code Section 321.
73.12 VIOLATIONS.
The operation of an ATV or UTV in violation of any of the provisions of this chapter may be charged as a simple misdemeanor or may be subject to the penalties set out in Iowa Code Sections 321I.15A and 321I.36.