CHAPTER 79
OFF-ROAD UTILITY VEHICLES AND ALL-TERRAIN VEHICLES ON CITY STREETS
OFF-ROAD UTILITY VEHICLES AND ALL-TERRAIN VEHICLES ON CITY STREETS
The purpose of this chapter is to facilitate for, and allow, the safe operation of certain off-road utility vehicles, and certain all-terrain vehicles upon certain streets within the City and to enact rules and regulations for the operation of thereof.
For the purpose of this chapter, the following definitions shall apply:
1. “Off-road utility vehicle” means a motorized flotation-tire vehicle with not less than four and not more than eight low-pressure tires that is limited in engine displacement to less than 1,500 cubic centimeters and in total dry weight to not more than 1,800 pounds and 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 – called also an UTV.
2. “All-terrain vehicles” means a motorized off-highway vehicle designed to travel on four low-pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control – called also an ATV, a quad or four-wheeler.
The following rules apply to the operation of UTVs, and ATVs within the City:
1. UTVs and ATVs registered with the City Clerk may be operated on City streets unless otherwise prohibited by the Code of Iowa as now exists, or hereafter amended, or by the provisions of this chapter, provided said vehicle is registered with the appropriate governmental agency.
A. The owner shall supply proof of registration, proof of liability insurance, covering operation of the UTVs and ATVs on City streets at the time of initial registration with the City and each registration renewal. No fee will be charged by the City to register a UTV or ATV for operation on City streets.
B. Registration shall be annual.
2. A City Certificate of Registration must be displayed on the slow moving vehicle sign on the UTV or ATV being operated on streets under this subsection.
3. UTVs and ATVs may be operated only by persons who are at least eighteen years of age, and who possess a valid motor vehicle operator’s license issued by a State licensing authority.
4. Per Iowa Code 321I.14(d) it is unlawful to operate an UTV and/or ATV without a lighted headlight and taillight from sunset to sunrise and at such other times when conditions provide insufficient lighting to render clearly discernible persons and vehicles at a distance of five hundred feet ahead.
(Subsection 4 – Ord. 8-2023 – Jan. 24 Supp.)
5. Required equipment to operate UTV and/or ATV upon a City street:
A. Safety Devices. UTVs and ATVs shall be equipped with a slow moving vehicle on the back thereof as well as a bicycle safety flag, and all UTVs and ATVs shall have adequate brakes.
B. Headlamps. Per Iowa Code 321.386, all UTVs and ATVs shall be equipped with at least one and not more than two headlamps.
C. Rear Lamps. Per Iowa Code 321.387, all UTVs and ATVs shall be equipped with a lighter rear lamp or lamps, exhibiting a red light plainly visible from a distance of five hundred feet to the rear.
D. Signal Lamps and Devices. Per Iowa Code 321.404, all UTVs and ATVs shall be equipped with a signal lamp or signal device which is so constructed and located on the vehicle as to give a signal of intention to stop, which shall be red or yellow in color, which signal shall bel plainly visible and understandable in normal sunlight and at night from distance of one hundred feet to the rear but shall not project a glaring or dazzling light.
E. Horns and Warning Devices. Per Iowa Code 321.432, all UTVs and ATVs shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than two hundred feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle.
F. Mirrors. Per Iowa Code 321.437, all UTVs and ATVs shall be equipped with a mirror so located as to reflect to the driver a view of the road of at least two hundred feet to the rear of such vehicle.
6. UTVs and ATVs shall be driven as close as practical to the right-hand edge of any street, except when executing a left turn.
7. UTVs and ATVs shall be operated at speeds of thirty-five miles per hour or less.
8. UTVs and ATVs shall yield right-of-way to other motor vehicles and pedestrians at all uncontrolled intersections regardless of the dictates of Section 321.319 of the Code of Iowa.
9. UTVs and ATVs shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City.
10. UTVs and ATVs may be parked upon a City street within the City, subject to the same terms and conditions applicable to the parking of automobiles and other motor vehicles, with the exception that UTVs and ATVs may not be parked upon any street within the City where their operation is otherwise prohibited by City ordinance or the provisions of the Code of Iowa.
11. UTVs and ATVs shall operate in single file.
12. No person shall ride on, and no operator shall allow a person to ride on a UTV or ATV, or on any portion thereof, not designed or intended for the conveyance of passengers.
13. The owner and operator of a UTV, and/or ATV are liable for any injury or damage occasioned by the negligent operation of a UTV or ATV. The owner of a UTV and/or ATV shall be liable for any such injury or damage only if the owner was the operator of the UTV and/or ATV at the time the injury or damage occurred or if the operator had the owner’s consent to operate the UTV and/or ATV at the time of injury or damage occurred.
1. There shall not be a registration fee for UTVs and ATVs.
2. Any person guilty of violating the provisions herein shall be guilty of a misdemeanor and shall be subject to a fine of $25.
3. Any person guilty of violating the provisions of this ordinance two times shall be subject to a fine of $50 and revocation of the City of Mitchellville permit for a period of one year.
4. City of Mitchellville permits can be revoked by the Chief of Police as a result of any violation, per his/her discretion. The revocation shall be provided in writing to the owner.
5. Revocations and fines may be appealed to the City Council within 10 days of the written notice. The owner shall request the appeal in writing and submit the appeal to the City Clerk.
(Chapter 79 – Ord. 7-2022 – Oct. 22 Supp.)