§ 74.046 ALL-TERRAIN VEHICLES, OPERATION; INSPECTION.
   (A)   Definitions.
      GOLF CART. A motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.
      UTILITY TASK VEHICLE, UTVs, or ATVs. Any motorized vehicle manufactured and used exclusively for off-highway use and is between 50 inches and 67 inches in width, with an unladen dry weight of 2,000 pounds or less, traveling on four or six wheels.
   (B)   Operation of a utility task vehicle (UTV)(ATV) or golf cart. 
      (1)   No person shall operate a UTV, ATV, or golf cart, as defined in division (A), upon the streets and highways of this city, except as follows:
         (a)   UTVs, ATVs and golf carts owned and operated by a governmental entity for official use;
         (b)   UTVs, ATVs, and golf carts whose licensed operators carry a special permit issued by the city;
         (c)   A person operating a UTV, ATV, or golf cart on a city street or highway pursuant to an exception covered in this section shall have a valid operator’s or chauffeur’s license, but shall not be required to have passed an examination for the operation of a motorcycle. All persons who have disabilities that prohibit them from obtaining a motor vehicle operators or chauffeur’s license are hereby permitted to operate a UTV within the city, provided they acquire and deliver to the city a letter from a physician stating that the person applying has the capability of operation of the UTV, ATV, or golf cart in a safe manner;
         (d)   The UTVs, ATVs, and golf carts shall be properly insured and such proof of insurance shall specifically list the vehicle as referenced by the serial number and year of model;
         (e)   The vehicle shall be operated at speeds of less than 20 mph; and
         (f)   The UTVs, ATVs, and golf carts shall have a bicycle safety flag, which extends not less than seven feet above the ground, attached to the rear of the vehicle. The bicycle safety flag shall be dayglow in color and triangular in shape with an area of not less than 30 square inches.
      (2)   No person operating a UTV, ATV, or golf cart on city streets, roads or alleyways shall:
         (a)   Operate the UTV, ATV, or golf cart in any careless or imprudent manner so as to endanger any person or property of any person;
         (b)   Operate the UTV, ATV, or golf cart while under the influence of alcohol or any controlled substance;
         (c)   Operate a UTV, ATV, or golf cart on any park lands in the city, except those operated by a governmental unit for official use;
         (d)   Operate a UTV, ATV, or golf cart between the hours of official sunset and sunrise, unless the UTV, ATV, or golf cart is properly equipped with headlights, taillights, brake lights and turn signals. All UTVs, ATVs, and golf carts are not permitted on roads past 10:00 p.m.;
         (e)   Operate a UTV, ATV, or golf carts without a valid city permit affixed to the rear of the UTV in a clearly visible location;
         (f)   Carry passengers in excess of the maximum number of designed seating for the UTV, ATV, and golf carts: no more than two passengers per bench seat shall be allowed, or those younger than 16 years in age unless the operator is the legal guardian of the passenger(s);
         (g)   On any state or federal highway, except any state highway with a posted speed limit of 20 miles per hour or except to cross a portion of a state highway system which intersects a municipal street; or
         (h)   In a manner which disturbs the public peace as detailed in § 130.055 of the city code.
   (C)   Inspection, permits and registration.
      (1)   Prior to operating a UTV, ATV, or golf cart on the city streets, roads, or alleyways, except to travel to the point of inspection, it must be inspected by a member of the city Police Department. The inspection shall be conducted to ensure all regulations and safety requirements are met.
      (2)   The City Marshal is hereby designated as the city official with the authority to issues special use permits for UTVs, ATVs, and golf carts. A $30 fee shall be collected upon the issuance of the permit. A permit shall not be issued until the fee is paid. The fees shall be deposited into the General Fund of the city and shall be valid for two years. All permits shall be issued for calendar years regardless of month of year issued. Licenses are due the first business day after the first of each year.
      (3)   No person shall operate a UTV, ATV, or golf cart until it has passed the inspection and been registered with the city. Proof of financial responsibility, covering the UTV, ATV, or golf cart to be registered, for operation on public roads with no less the minimum insurance amounts as set forth by state law, as it may be amended from time to time.
(Ord. 442, passed 8-8-2018)