A person shall not operate an all-terrain vehicle and/or off-road utility vehicle under any of the following conditions:
(A) At a rate of speed greater than reasonable and/or proper under existing circumstances;
(B) In a careless, reckless or negligent manner so as to:
(1) Endanger any person;
(2) Cause injury or damage to person or property; or
(3) Create unnecessary skidding or sliding or cause any wheel or wheels to unnecessarily lose contact with the ground.
(C) Without the following equipment:
(1) Lit headlight(s) and taillight(s);
(2) Functioning brakes, brake lights and speedometer;
(3) Rearview mirror; and
(4) An effective muffling device that complies with the standards and procedures required by Iowa Code § 321I.12.
(D) Without wearing a properly adjusted and fastened seatbelt if the all-terrain or off-road utility vehicle is so equipped;
(E) In any tree nursery or planting in a manner which damages or destroys growing stock;
(F) On any public land, public ice or designated riding trail in violation of official signs prohibiting such operation;
(G) In any park, wildlife area, preserve, refuge or game management area, except on designated riding areas identified by the IDNR or designated riding trails identified by the county’s Conservation Board;
(H) Any portion of a meandered stream or the bed of a non-meandered stream which has been identified as a navigable stream or river by the IDNR and which is covered by water. This division (H) does not apply to designated riding areas or designated riding trails, construction vehicles engaged in lawful activity and/or the operation of all-terrain vehicles on ice;
(I) Upon an operating railroad right-of-way. An all-terrain vehicle may be driven directly across a railroad right-of-way only at established crossings;
(J) With more persons on the vehicle than it was designed to carry. This division (J) does not apply to a person who operates an all-terrain vehicle or off-road utility vehicle as part of a farm operation as defined in Iowa Code § 352.2;
(K) On any designated riding area or trail unless the trail is designated by signs as open to all-terrain and off-road utility vehicle operation;
(L) (1) With a firearm in the person’s possession while operating or riding on an all-terrain vehicle unless it is unloaded and enclosed in a carrying case, subject to the following exceptions:
(a) The person is riding on or operating an all-terrain vehicle on land owned or possessed by the person and the person’s conduct is otherwise lawful; and
(b) The person is riding on or operating an all-terrain vehicle on land that is not owned or possessed by the person and all of the following apply:
1. The loaded firearm is a pistol or revolver and is secured in a retention holster upon the person;
2. The person possesses and displays to a peace officer upon demand a valid permit to carry weapons which has been issued to the person; and
3. The person’s conduct is within the limits of the permit to carry weapons.
(2) A non-ambulatory person may carry an uncased and unloaded firearm while operating or riding on an all-terrain vehicle.
(M) While discharging a firearm as the operator or passenger, except a non-ambulatory person may discharge a firearm from an all-terrain vehicle while lawfully hunting if the person is not operating or riding on a moving all-terrain vehicle;
(N) Under the age of 16;
(O) Without a valid driver’s license;
(P) Without a valid safety certificate on board as proof of successful completion of an IDNR- approved ATV education course if the operator is younger than 16 years of age;
(Q) On private property without permission of the owner; and/or
(R) In any area designated as a native grass or wildflower planting area.
(Ord. 36, passed 1-21-2020) Penalty, see § 70.99