(a) No all-terrain vehicle may be operated in this Municipality:
(1) On any interstate highway except by public safety personnel responding to emergencies;
(2) On any road or highway except for the purpose of crossing the road, street or highway, if:
A. The crossing is made at any angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
B. The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
C. The operator yields his or her right-of-way to all oncoming traffic that constitutes an immediate potential hazard; and
D. Both the headlight and taillight are illuminated when the crossing is made if the vehicle is so equipped.
(3) With more than one passenger unless more passengers are allowed under the manufacturers’ recommendations;
(4) With a passenger under the age of eighteen, unless the operator has at a minimum a level of two intermediate driver’s license or its equivalent or is eighteen years of age or older.
(5) Unless riders under the age of eighteen are wearing size appropriate protective helmets, that meet the current performance specifications established by the American National Standards Institute Stand z 90.1, the United States Department of Transportation Federal Motor Vehicle Safety Standards No. 218 or Snell safety standards for protective headgear for vehicle users;
(6) Anytime from sunset to sunrise without an illuminated headlight or lights and taillights;
(7) Without a manufacturer-installed or equivalent spark arrester and a manufacturer-installed or equivalent muffler in proper working order and properly connected to the vehicle’s exhaust system; or
(8) Unless operating in compliance with the provisions of Section 355.03.
(b) An all-terrain vehicle may, for the sole purpose of getting from one trail, field or area of operation to another, be operated upon the shoulder of any road, street or highway referred to in subsection (a)(2) of this section, other than an interstate highway, for a distance not to exceed ten miles, if:
(1) The vehicle is operated at speeds of twenty-five miles per hour or less; and
(2) The vehicle is operated at any time from sunset to sunrise, the all-terrain vehicle must be equipped with headlights and taillights must be illuminated.
(c) Operation of an all-terrain vehicle in accordance with subsection (b) shall not constitute operation of a motor vehicle on a road or highway of this Municipality as contemplated by the provisions of Section 355.097.
(d) Notwithstanding any provision of this article to the contrary, the Municipality may authorize the operation of all-terrain vehicles on certain specified roads, streets or highways which are marked with centerline pavement markings, other than interstate highways, to allow participation in parades, exhibitions and other special events, in emergencies or for specified purposes as designated by the Mayor or his designee.
(Ord. 701. Passed 10-7-13.)