ORDINANCE NO. D-109

AN ORDINANCE AMENDING TITLE 9, CHAPTER 15, OPERATION OF GOLF CARTS, ATVS AND UTVS

Section 1.

Whereas, it is the desire of the City Council to update the City’s ordinance regarding operation of golf carts, ATVs, and UTVs to bring it in line with recent changes in the Iowa Code;

Section 2.

Therefore, be it enacted by the City Council of the City of Fort Madison, Iowa, that Sections Title 9, Chapter 15 is amended as follows:

9-15-1: PURPOSE:

The purpose of this chapter is to permit the operation of golf carts, ATVs and UTVs on the streets in the city, as authorized by the Iowa Code, chapter 321, as amended.

9-15-2: DEFINITIONS:

The terms “Golf Cart,” “ATV,” and “UTV” shall have the definitions set forth in Iowa Code, chapter 321.

9-15-3: OPERATION OF GOLF CARTS, ATVS, AND UTVS PERMITTED:

Golf carts, ATVs, and UTVs may be operated upon the city streets of Fort Madison by persons possessing a valid operator's license, and who is at least eighteen (18) years of age, or any person with a valid, state issued "instructional permit" and accompanied by an adult possessing a valid driver's license in accordance with Iowa law(s). All golf cart, ATV and UTV operators shall observe all state and local traffic control regulations and devices.

9-15-4: UNLAWFUL OPERATION:

No golf cart, ATV or UTV shall be operated on or parked upon city sidewalks or any city park property (except park roadways and parking areas). No golf cart, ATV, or UTV shall be operated while under the influence of intoxicating beverage, narcotics, or habit-forming drugs, and open alcoholic beverage containers are not permitted in or on such vehicles. No person shall operate a golf cart, ATV, or UTV in a careless, reckless, or negligent manner which endangers the person of another or causes injury or damage to same. No golf cart, ATV, or UTV shall be operated upon that portion of the street located between the curb line and the sidewalk or property line, referred to as the "right-of-way", except for the purpose of crossing the same to a public street upon which operation is authorized by this chapter. No golf cart, ATV, or UTV shall be operated upon private property without the express consent of the owner thereof. No golf cart, ATV, or UTV shall be operated in a manner which violates chapter 23 of the Iowa Code, which shall be, and is adopted as applicable to the operation of golf carts.

9-15-5: EQUIPMENT:

Golf Carts operated upon city streets shall be equipped with a minimum of the following safety features:

A.   A safety flag, the top of which shall be a minimum of five feet (5') from ground level and/or a standardized slow-moving vehicle placard.

   B.   Adequate brakes and operational brake lights. (Ord. D-55, 10-15-2019)

ATVs and UTVs operated upon city streets shall be equipped with:

A. All parts, lamps, and other equipment in proper condition and adjustment as required under chapter 321.234A for motor vehicles, including but not limited to the parts, lamps, and equipment required under sections 321.386, 321.387, 321,404, 321.432, and 321.437.

B. Two headlamps, having at least one on each side of the front of the vehicle.

9-15-6: OPERATION REGULATIONS:

The following regulations apply to the operation of a golf cart, ATV or UTV within the city limits of the City of Fort Madison:

A.   Any operator of a golf cart, ATV, or UTV must have a valid operator's license and be at least eighteen (18) years of age.

   B.   All riders in the golf cart, ATV or UTV must remain seated at all times.

C.   No more than two (2) adult persons may ride in the front seat of a golf cart, ATV, or UTV and not more than two (2) adult persons may ride in the back seat of a golf cart, ATV, or UTV, if said seat exists.

D.   While operating a golf cart, ATV, or UTV, any rider must be seated on the seat and no part of the body of any rider will extend beyond the sides of the vehicle.

E.   Children must be accompanied by an adult driver and must follow all the requirements of this subsection except the capacity limits as long as all children are seated on the seat and no part of the body of the child extends beyond the sides of the golf cart, ATV or UTV.

F.   Notwithstanding the forgoing, no golf cart, ATV, or UTV shall be operated upon a city street which is a primary road extension through the city, including but not limited to Business Route 61 and Highway 2.  Said vehicles are permitted to cross a city street which is a primary road extension through the city, if necessary to reach city roads where legal operation is permitted.

G.   The owner of each golf cart, ATV or UTV shall be required to have liability insurance with the minimum coverage of $50,000 bodily injury per person, $100,000 bodily injury per accident and $50,000 property damage insurance.

H. ATVs or UTVs shall display lighted headlamps as provided in section 321.415 at all times while the vehicle is operated on a highway.

9-15-7: HOURS OF OPERATION:

Golf carts may only be operated on city streets only from sunrise to sunset (Iowa Code 321.247(B)).

9-15-8: SPEED:

No golf cart, ATV, or UTV shall be operated on any street at a speed greater than the posted speed limit, but in no event exceed a maximum speed of 35 mph.

9-15-9: PENALTIES:

A person who violates this chapter commits a municipal infraction, which shall be a scheduled violation.

9-15-10: ACCIDENT REPORTS:

Whenever a golf cart, ATV, or UTV is involved in an accident resulting in injury or death to anyone, or property damage amounting to two hundred dollars ($200) 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 forty eight (48) hours, in accordance with state law, under Iowa Code section 321G.10.

9-15-11: REGISTRATION REQUIREMENTS:

A.   Individuals who operate on roadways in Fort Madison must register the ATV or UTV with the Iowa Department of Natural Resources. (IDNR). The following conditions apply:

      1.   The owner of each ATV or UTV shall be required to provide proof of ownership including but not limited to, bill of sale, IDNR registration or registration from appropriate out-of-state authority and proof of liability insurance with the minimum coverage of $50,000 bodily injury per person, $100,000 bodily injury per accident and $50,000 property damage.

      2.   ATV's and UTV's shall be required to be properly registered with the IDNR and display their current registration decal. The current registration certificate shall be carried on board.

      3.   All permits shall be issued to a specific ATV/UTV and receive a specific decal for that vehicle. The decal shall be affixed to the rear of the vehicle along with the current DNR decal so that it is clearly visible.

Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 4. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of this ordinance as a whole, or any section, provision, or part thereof not judged invalid or unconstitutional.

Section 5. This ordinance shall be in effect after its final passage, approval, and publication as provided by law.

PASSED AND APPROVED by Council on the 19 th day of March, 2024.

ATTEST:

____________________________________   ________________________________

Justina M. Cullen                                                Matt J. Mohrfeld

City Clerk                                                            Mayor

I, Justina Cullen, City Clerk for the City of Fort Madison, Iowa, certify that the foregoing was published as Ordinance No. D-109 on this 30th day of March, 2024.

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Justina M. Cullen, City Clerk