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For use in this chapter the following terms are defined:
1. “All-terrain vehicle” or “ATV” means a motorized flotation-tire vehicle with not less than three (3) low pressure tires, but not more than six (6) low pressure tires, or a two-wheeled, off-road motorcycle, that is limited in engine displacement to less than eight hundred (800) cubic centimeters and in total dry weight to less than seven hundred fifty (750) pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. Two-wheeled, off-road motorcycles shall be considered all-terrain vehicles only for the purpose of titling and registration. An operator of a two-wheeled, off-road motorcycle is exempt from the safety instruction and certification program requirements of Section 321G.23 and 321G.24 of the Code of Iowa.
(Code of Iowa, Sec. 321G.1[1])
2. “Snowmobile” means a motorized vehicle weighing less than one thousand (1,000) pounds which uses sled-type runners or skis, endless belt-type tread with a width of forty-eight (48) inches or less, or any combination of runners, skis or tread, and is designed for travel on snow or ice. “Snowmobile” does not include an all-terrain vehicle which has been altered or equipped with runners, skis, belt-type tracks or treads.
(Code of Iowa, Sec. 321G.1[18])
No person shall operate an ATV or snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, numbering, equipment and manner of operation.
(Code of Iowa, Ch. 321G)
The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City:
1. Streets. Snowmobiles shall be operated only where there is an accumulation of at least one-tenth of one inch of snow upon streets and alleys which have not been plowed, except that snowmobiles are allowed to operate upon the following streets and alleys after the same have been plowed and there remains an accumulation of at least one-tenth of one inch of snow. Such use shall be for the purpose of going to and from a place of business or as a direct route to and from the corporate limits between the hours of 7:00 a.m. and 11:00 p.m. and in accordance with local and State Code provisions related to motor vehicle traffic operations:
A. T Avenue. From the west City limit to First (1st) Street and from the east City limit to Fifth (5th) Street.
B. N Avenue. From West Fourth (4th) Street (S-14) to Fifteenth (15th) Street.
C. E Avenue. From West Fourth (4th) Street (S-14) to Eleventh (11th) Street.
D. Eighth (8th) Street. From T Avenue to N Avenue.
E. Eleventh (11th) Street. From E Avenue to the south City limits.
F. Alley. From N Avenue to E Avenue between Seventh (7th) Street and Eighth (8th) Street.
2. Exceptions. Snowmobiles may be operated on prohibited streets only under the following circumstances:
A. Emergencies. Snowmobiles may be operated on any street in an emergency during the period of time when and at locations where snow upon the roadway renders travel by conventional motor vehicles impractical.
(Code of Iowa, Sec. 321G.9[4c])
B. Direct Crossing. Snowmobiles may make a direct crossing of a prohibited street provided all of the following occur:
(1) The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the street and at a place where no obstruction prevents a quick and safe crossing;
(2) The snowmobile is brought to a complete stop before crossing the street;
(3) The driver yields the right-of-way to all on-coming traffic which constitutes an immediate hazard; and
(4) In crossing a divided street, the crossing is made only at an intersection of such street with another street.
(Code of Iowa, Sec. 321G.9[2])
3. Railroad Right-of-way. Snowmobiles shall not be operated on an operating railroad right-of-way. A snowmobile may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of law may, if necessary, use the improved portion of the established crossing after yielding to all oncoming traffic.
(Code of Iowa, Sec. 321G.13[1h])
4. Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated.
(Code of Iowa, Sec. 321G.9[4 g])
5. Parks and Other City Land. Snowmobiles shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City. A snowmobile shall not be operated on any City land without a snow cover of at least one-tenth of one inch.
6. Sidewalk or Parking. Snowmobiles shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except for purposes of crossing the same to a public street upon which operation is authorized by this chapter.
7. Schools, Hospitals and Churches. No snowmobile shall be operated within 300 feet of any school, hospital or church except in an emergency during the period of time when snow upon the streets and alleys renders travel by conventional motor vehicles impractical.
The operators of ATVs shall comply with the following restrictions as to where ATVs may be operated within the City:
1. Streets. ATVs may be operated on streets only in accordance with Section 321.234A of the Code of Iowa or on such streets as may be designated by resolution of the Council for the sport of driving ATVs.
(Code of Iowa, Sec. 321I.10[1& 3])
2. Trails. ATVs shall not be operated on snowmobile trails except where designated.
(Code of Iowa, Sec. 321I.10[4])
3. Railroad Right-of-way. ATVs shall not be operated on an operating railroad right-of-way. An ATV may be driven directly across a railroad right-of-way only at an established crossing and notwithstanding any other provisions of law may, if necessary, use the improved portion of the established crossing after yielding to all oncoming traffic.
(Code of Iowa, Sec. 321I.14[1h])
4. Parks and Other City Land. ATVs shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City.
5. Sidewalk or Parking. ATVs shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking.”
6. Schools, Hospitals and Churches. No ATV shall be operated within 300 feet of any school, hospital or church except in an emergency during the period of time when snow upon the streets and alleys renders travel by conventional motor vehicles impractical.
The owner and operator of an ATV or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile. The owner of an ATV or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV or snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV or snowmobile at the time the injury or damage occurred.
(Code of Iowa, Sec. 321G.18 & 321I.19)
Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand dollars ($1000.00) or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law.
(Code of Iowa, Sec. 321G.10 & 321I.11)