The city’s adoption of the 48th Edition of the Standard Traffic Ordinance will be amended as follows. The provisions for unlawful operation of all non-licensed motor powered vehicles shall be as follows.
(a) Non-licensed vehicles shall include, but are not limited to, the following:
(1) All terrain vehicles;
(2) Go carts;
(3) Mini bikes;
(4) Motorized scooters; and
(5) Handicap vehicles.
(b) Non-licensed motor powered vehicles do not include bicycles, mopeds, golf carts, or utility vehicles.
(c) Definitions: Terms used in this section shall be defined as follows:
(1) ALL TERRAIN VEHICLE. Any motorized non-highway vehicle 55 inches or less in width measured from the outside of one tire rim to the outside of the other tire rim, having a dry weight of 1,500 pounds or less, traveling on three or more non-highway tires.
(2) MOTORIZED SCOOTER. Every self-propelled vehicle that has at least two wheels in contact with the ground, an electric motor, handlebars, a brake, and a deck that is designed to be stood upon when riding.
(d) Except as provided in division (d) and (e) below, it shall be unlawful for any person to operate a non-licensed vehicle on:
(1) Any interstate highway, federal highway or state highway running through the city limits; or
(2) City streets, alleys, public parking lots, rights-of-way, parks, school property or upon property owned by the city.
(e) Licenses: all terrain vehicles, and motorized scooters licensed through the city are exempt from the prohibitions set forth in division (c)(2) above. Licenses require a fee of $25.
(f) Notwithstanding the provisions of division (c) above, non-licensed motor powered vehicles owned and operated by a federal, county or city agency, or non-licensed motor powered vehicles owned and operated by persons contracting with the federal, county or city, may be allowed to operate such vehicles upon the right-of-way of any federal highway or state highway or upon the streets, alleys and right-of-way of the city, parks or school property for the purpose of conducting official government business or work contracted with the government agency.
(g) No non-licensed motor powered vehicle shall be operated on any public highway, street right-of-way, public parking lot or road between sunset and sunrise unless equipped with lights as required by law for motorcycles.
(h) Exception: the Mayor with City Council approval may issue a permit to operate non-licensed motor powered vehicle on city streets and right-of-way (ROW) to commercial operators of non-licensed motor powered vehicles in furtherance of a commercial activity which requires their use. Criteria for issuance of said permit include the requirement of the commercial operator to possess a valid driver’s license, to possess liability insurance for the vehicle and have a legitimate business purpose requiring access to city streets and/or ROW.
(i) No non-licensed motor powered vehicle shall be operated anywhere within the corporate city limits in a manner as to create a loud, unnecessary or unusual noise, which disturbs, annoys or interferes with the peace and quiet of other persons.
(j) Permits: the city may allow the use of non-licensed motor vehicles on city streets and rights- of-way by permit for users with special circumstances such that the city is certain of the users’ need for the use of the non-licensed motor vehicle, and certain that the use of the non-licensed motor vehicle poses no threat or danger to the community. The permits may be issued by the City Clerk with approval from the City Council.
(k) Duration of permit: permits may be issued for a period of a year, week or a day depending on the circumstances.
(l) Commercial use: in the event the permit is for the use of a non-licensed motor vehicle on city streets and rights-of-way in furtherance of a commercial activity, there shall be the following additional criteria for the issuance of said permit:
(1) The user of the non-licensed motor vehicle shall possess a valid driver’s license;
(2) The user or owner of the non-licensed motor vehicle shall possess liability insurance for the vehicle; and
(3) The user or owner of the non-licensed motor vehicle has a legitimate business purpose requiring access to city streets and rights-of-way.
(m) Parades and special events: a permit for the use of a non-licensed motor vehicle will not be required during a properly sanctioned parade or special event conducted by the city or community organization.
(Ord. 679, passed 10-2-2007; Ord. 726-2022, passed 4-5-2022)