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Ordinance 292 - Amending and replacing Chapter 75 All-terrain vehicles, snowmobiles and golf carts

8/9/2021

ORDINANCE NO. 292

AN ORDINANCE AMENDING AND REPLACING THE ORDINANCES OF THE CITY OF JEWELL, IOWA, BY AMENDING AND REPLACING CHAPTER 75 ALL-TERRAIN VEHICLES, SNOWMOBILES AND GOLF CARTS

BE IT ENACTED by the City Council of the City of Jewell, Iowa.

SECTION 1.  CHAPTER AMENDED AND REPLACED.  The Code of Ordinance of the City of Jewell, Iowa is amended by replacing Chapter 75 in its entirety which are hereby adopted to read as follows:

Chapter 75.  ALL-TERRAIN VEHICLES, OFF-ROAD MOTORCYCLES, OFF-ROAD UTILITY VEHICLES, GOLF CARTS AND SNOWMOBILES

 

75.01 PURPOSE. The purpose of this chapter is to regulate the operation of All-Terrain Vehicles, Off-road Motorcycles, Off-Road Utility Vehicles, Golf Carts and Snowmobiles within the City of Jewell, Iowa.

 

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

 

  1. “All-Terrain Vehicle” or “ATV” means a motorized vehicle, with not less than three and not more than six non-highway tires, that is limited in engine displacement to less than 1,000 cubic centimeters and in total dry weight to less than 1,200 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. “Golf Cart” means any self-propelled vehicle designed to be used on golf courses.

 

  1. “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)

 

  1. “Off-Road Utility Vehicle” (OHV/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” includes the following vehicles:
  2. “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.
  3. “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.

 

          iii.  “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)

 

  1. “Snowmobile” means a motorized vehicle weighing less than one thousand (1,000) pounds which uses sled-type runners or skis, endless belt-type tread, or any combination of runners, skis, or tread, and is designed for travel on snow or ice.

(Code of Iowa, Sec. 321G.1 [18])

 

75.03 ATV, OFF-ROAD MOTORCYCLE AND OFF-ROAD UTILITY VEHICLE

 

  1. 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 within the City in violation of the provisions of Chapter 321G of the Code of Iowa, or an ATV, off-road motorcycle, or off-road utility vehicle in violation of rules established by the Iowa Administrative Code and the Natural Resource Commission of the Department of Natural Resources governing their registration, equipment and manner of operation. (Code of Iowa, Ch. 321G & Ch. 321I)

 

  1. No person shall operate a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, numbering, equipment, and manner of operation.

 

  1. OPERATION OF ALL-TERRAIN VEHICLES. In addition to the regulations imposed by Section 1 and 2 this chapter, the operators of ATV, OHV/UTV shall comply with the following restrictions as to where vehicles  may be operated within the City:

 

  1. Streets. ATV’s and OHV/UTV may be operated upon any City Street except: MAIN STREET (HWY 69) AND EDWARDS STREET           (HIGHWAY 175) FROM MAIN STREET TO VIADUCT. Except to cross said streets.           (Code of Iowa, Sec. 321I.10[1 & 3])

 

  1. Trails. ATV’s and OHV/UTV shall NOT be operated on any recreational, bike, or walking trail unless the trail is specifically designated to allow use of motor vehicles. ATV’s and OHV/UTV shall not be operated on any snowmobile trails except where designated by the controlling authority and the primary snowmobile trail sponsor. (Code of Iowa, Sec. 321I.10[4])

 

  1. Railroad Right-of-Way. ATV’s and OHV/UTV shall not be operated on an operating railroad right-of-way. An  ATV and OHV/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. 321I.14[1h])

 

  1. Parks and Other City Land. ATV’s and OHV/UTV shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City.

 

  1. Sidewalk or Parking/Berm. ATV’s and OHV/UTV 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” or “tree berm” except for purposes of crossing the same to a public street upon which operation is authorized by this chapter.

 

  1. An all-terrain vehicle or off-road utility vehicle may make a direct crossing of a highway provided all of the following occur: (Code of Iowa, Sec. 321I.10[5])

 

  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.
  2. The all-terrain vehicle or off-road utility vehicle is brought to a complete stop before crossing the shoulder or main traveled way                   of the highway.

iii. The driver yields the right-of-way to all oncoming traffic which                              constitutes an immediate hazard.

  1. In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.
  2. The crossing is made from a street, roadway, or highway designated as an all-terrain vehicle trail by a state agency,                            county, or city to a street, roadway, or highway designated as an                  all-terrain vehicle trail by a state agency, county, or city.
  3. Insurance Required. The owner of every ATV and OHV/UTV being operated upon the public highways, streets, roads, and alleys within          the corporate limits of the City shall have in effect liability insurance    covering the ATV’s and OHV/UTV in the same limits as required of motor vehicles by the financial responsibility provisions of Chapter 321A of the Code of Iowa and shall carry proof of insurance on board at all times.
  4. ATV, OHV/UTV shall be required to have valid registration stickers from Iowa DNR and   Hamilton County
  5. NEGLIGENCE. The owner and operator of an ATV and OHV/UTV or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV and OHV/UTV. The owner of an ATV and OHV/UTV  shall be liable for any such injury or damage only if the owner was the operator of the  ATV and OHV/UTV at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV and OHV/UTV at the time the injury or damage occurred.

(Code of Iowa, Sec. 321G.18 & 321I.19)

 

  1. ACCIDENT REPORTS. Whenever an ATV, OHV/UTV is involved in an accident resulting in injury or death to anyone or property damage amounting to $1,500.00 or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report within 48 hours. If the accident occurred on public land, public ice, or a designated snowmobile trail under the jurisdiction of the commission, the operator shall file with the commission a report of the accident, within 72 hours, containing information that the commission may require. All other accidents shall be reported as required under Section 321.266 of the Code of Iowa. (Code of Iowa, Sec. 321G.10 & 321I.11)

 

  1. UNLAWFUL OPERATION. No person shall drive or operate an ATV and OHV/UTV:

 

  1. In a careless, reckless, or negligent manner as to endanger the                                         person or property of another or cause injury or damage thereto.
  2. While under the influence of intoxicating liquor or mind-altering or                           habit-forming drugs as referred to in Code of Iowa, section 321J,  or             with any open container of alcohol as referred to in Code of Iowa, §§              321.284 and 321.284A.
  3. ATV’s and OHV/UTV  shall not be operated on any recreational, bike             or walking trail unless the trail is specifically designed to allow use of                    motor vehicles.

 

  1. ATV’s and OHV/UTV shall not be operated upon sidewalks.

 

  1. ATV’s and OHV/UTV shall not be operated upon that portion of a                            street right-of-way between the curb or edge of street paving and the                sidewalk referred to as the “parking/Berm”.
  2. ATV’s and OHV/UTV shall not be operated in City parks or upon                      other City-owned land except upon roadways, paths or areas                                         designed for vehicle traffic unless it is for a special event authorized                              by the City.  Special event use requires prior Council approval.

 

  1. ATV’s and OHV/UTV  may only be operated on private property with             the express consent of the owner.
  2. Traffic code observed. Any operator of any ATV, OHV/UTV must                               observe all state and city traffic control regulations, devices, and                              laws under Iowa code chapter 321.
  3. License. No person shall operate an ATV, OHV/UTV without a valid            state issued motor vehicle operator's license.
  4. At a rate of speed greater than the posted speed limit or 35 miles per               hour whichever is less.

 

  1. At all times of operation, the driver and any passengers shall properly                 wear any seatbelts that were installed on the vehicle by the                                   manufacturer or that are on the vehicle.  No removal of any factory                        installed seatbelts is authorized.
  2. STANDARD EQUIPMENT REGULATIONS. All  ATV, OHV/UTV shall be                equipped with the following:
  3. Operational brakes;
  4. Seatbelts for all passengers for OHV/UTV’s.
  5. Any other safety equipment which may be required for off-road                               utility vehicles pursuant to Code of Iowa, CH. 321.
  6. Operational headlight (white light) to the front  and brake light (red                        light) to the rear
  7. A properly functioning muffling device that complies with the                                         standards and procedures required by Iowa Code § 321I.12.
  8. NUMBER OF OCCUPANTS. The number of occupants in the ATV’s                               and OHV/UTV may not exceed the design occupant load and in                      approved seats.

 

  1. TIMES OF OPERATION RESTRICTIONS.  Off-road utility vehicles                               operated prior to sunrise or after sunset shall be required to have working headlights, taillights, and brake lights to be clearly visible to other vehicles and pedestrians.
  2. Off-road utility vehicles are prohibited on streets during inclement weather when visibility is reduced or impaired by weather, smoke, fog, or other conditions or at any other time there is insufficient ability to clearly see a person or vehicle on a roadway at a distance of 500 feet.

75.04  OPERATION OF GOLF CARTS

 

  1. OPERATION LIMITATIONS. Golf carts may be used on public streets of the City of Jewell between sunrise and sunset.  To be operated before sunrise and after sunset the golf cart will be required to have functioning headlights, taillights, and brake lights. 

Golf carts may not be operated on:  MAIN STREET AND EDWARDS STREET FROM MAIN STREET TO VIADUCT except to cross same.  THE EXCEPTION WILL BE THOSE GOING TO THE GOLF COURSE SHALL UTILIZE THE WEST SIDE SHOULDER OF MAIN STREET FROM CARMICHAEL STREET TO THE GOLF COURSE ENTRANCE ON GOLF COURSE ROAD.

 

  1. SAFETY REQUIREMENTS. All golf carts within the meaning of this chapter shall display a slow-moving vehicle emblem on the rear of said golf carts and have a red or orange bicycle safety flag on said golf carts and additionally said golf carts must have adequate brakes.

 

75.05  OPERATION OF SNOWMOBILES

 

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

 

  1. Snowmobiles shall be operated only upon streets which have not                          been plowed during the snow season and on such other streets                             as may be designated by resolution of the Council, only for travel                       to and from snowmobile areas.

                              (Code of Iowa, Sec. 321G.9[4a)

 

  1. Exceptions.  Snowmobiles may be operated on prohibited streets                             only under the following circumstances:
  2.         Emergencies.  Snowmobiles may be operated on any street                                  in conjunction with providing emergency or rescue services                                   during the period of time when and at locations where snow                                   upon the roadway renders travel by conventional motor                                            vehicles impractical.

 

  1. Direct Crossing.  Snowmobiles may make a direct                                                             crossing of a prohibited street provided:
  2.        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;
  3.        The snowmobile is brought to a complete stop                                                                    before crossing the street;
  4. The driver yields the right-of-way to all on-coming                                                     traffic which constitutes an immediate hazard;                                                                     and
  5.        In crossing a divided street, the crossing is made                                                     only at an intersection of such street with another                                                            street.

                                                            (Code of Iowa, Sec. 321G.9[2])

 

  1. 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[8])

 

  1. Trails.  Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated.

(Code of Iowa, Sec. 321G.9[4][g])

 

  1. Parks and Other City Land.  Snowmobiles shall not be operated in any park, playground or upon any other City-owned property except on designated trails.  A snowmobile shall not be operated within the City without a snow cover of at least one-half inch.

 

  1. Sidewalk or Parking.  Snowmobiles shall not be operated upon a public sidewalk or that portion of a 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 or a designated trail.

 

  1. HOURS OF OPERATION.  No snowmobile shall be operated in the City between the hours of eleven o’clock (11:00) p.m. and seven o’clock (7:00) a.m. closer than 100 feet to any dwelling or building which is usually occupied by one or more persons, except when traveling along a public right-of-way directly to one’s residence or storage facility.

 

  1. NEGLIGENCE.  The owner and operator of a snowmobile is liable for any injury or damage occasioned by the negligent operation of the snowmobile.  The owner of a snowmobile shall be liable for any such injury or damage only if the owner was the operator of the snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the snowmobile at the time the injury or damage occurred.

(Code of Iowa, Sec. 321G.18)

 

  1. ACCIDENT REPORTS.  Whenever a 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 within seventy-two (72) hours, in accordance with State law.

(Code of Iowa, Sec. 321G.10)

 

75.06  PENALTIES.

 

Violation of Chapter 75 and any sections of Chapter 75 shall constitute a simple misdemeanor punishable by a fine of $105.00 to $855.00, a 15% crime services surcharge and court costs.

 

Section 2.  REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 

Section 3.  SEVERABILITY CLAUSE.  If 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 9th day of August, 2021 and approved this 9th       day of August, 2021.

 

 

                                                                                                                                  _________

                                                                      Leo J. Reiter, Mayor

 

Attest:

 

                                                           

Cathy Siefken, City Clerk

 

 

First Reading:  07/12/2021

Second Reading:  07/26/2021

Third Reading:  08/09/2021

 

 

I certify that the foregoing was published as Ordinance No. 292 on the 18th day of August, 2021.

 

 

                                                                                                                                 

                                                                      Cathy Siefken, City Clerk