City Ordinances: Chapters 75-77

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CHAPTER 75: ALL-TERRAIN VEHICLES AND SNOWMOBILES

75.01   PURPOSE.  The purpose of this chapter is to regulate the operation of all-terrain vehicles, off-road utility vehicles, and snowmobiles within the City.

75.02   DEFINITIONS.  For use in this chapter the following terms are defined:

  1. “All-terrain vehicle” or “ATV” means a motorized vehicle, with not less than three and not more than six non-highway tires, that is limited in engine displacement to less than 1,000 cubic centimeters and in total dry weight to less than 1,200 pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. (Code of Iowa, Sec. 321I.1)
  1. “Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or saddle designed to be straddled by the operator and handlebars for steering control and that is intended by the manufacturer for use on natural terrain. “Off-road motorcycle” includes a motorcycle that was originally issued a certificate of title and registered for highway use under Chapter 321 of the Code of Iowa, but which contains design features that enable operation over natural terrain.  An operator of an off-road motorcycle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.  An operator of a two-wheeled, off-road motorcycle is exempt from the safety instruction and certification program requirements of Section 321I.24 and 321I.25 of the Code of Iowa. (Code of Iowa, Sec. 321I.1)
  1. “Off-road utility vehicle” means a motorized vehicle, with not less than four and not more than eight non-highway tires or rubberized tracks, 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. “Off-road utility vehicle” includes the following vehicles: (Code of Iowa, Sec. 321I.1)
  1. “Off-road utility vehicle – type 1” includes vehicles with a total dry weight of 1,200 pounds or less and a width of 50 inches or less.
  2. “Off-road utility vehicle – type 2” includes vehicles, other than type 1 vehicles, with a total dry weight of 2,000 pounds or less and a width of 65 inches or less.
  3. “Off-road utility vehicle – type 3” includes vehicles with a total dry weight of more than 2,000 pounds or a width of more than 65 inches, or both.

An operator of an off-road utility vehicle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles. (Ord. 439-14 – Jun. 18 Supp.)

  1. “Snowmobile” means a motorized vehicle that weighs less than 1,000 pounds, that uses sled-type runners or skis, endless belt-type tread with a width of 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 that has been altered or equipped with runners, skis, belt-type tracks, or treads. (Code of Iowa, Sec. 321G.1)

75.03   GENERAL REGULATIONS.  No person shall operate an ATV within the City in violation of Chapter 321I of the Code of Iowa or a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or in violation of 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 & Ch. 321I)

75.04   OPERATION OF SNOWMOBILES.  The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City:

  1. Snowmobiles shall be operated only upon streets which have not been plowed during the snow season and on such other streets as may be designated by resolution of the Council. (Code of Iowa, Sec. 321G.9[4a])
  2. Exceptions. Snowmobiles may be operated on prohibited streets only under the following circumstances:
  3. 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])
  1. 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])

  1. 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])
  1. Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated.(Code of Iowa, Sec. 321G.9[4f])
  1. Parks and Other City Land. Snowmobiles shall not be operated in any park, playground, any public trail, campground or pathway located within the City 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.
  2. 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.

75.05   OPERATION OF ALL-TERRAIN VEHICLES.  The operators of ATVs shall comply with the following restrictions as to where ATVs may be operated within the City:

  1. ATVs and ORVs 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 operation of registered ATVs or registered ORVs.  In designating such streets, the Council may authorize ATVs and ORVs to stop at all service stations or convenience stores along a designated street.  ATVs shall not be operated upon U.S. Highway 18.  ATVs may cross U.S. Highway 18 only at the intersections of Highway 18 and Main Street, Highway 18 and 19th Avenue, and Highway 18 and 10th Ave.     (Ord. 454-16 – Jun. 18 Supp.) (Code of Iowa, Sec. 321I.10[1 & 3])
  1. Restricted Uses. ATVs may be operated on said streets within the City only for the following uses:
    1. Traveling to and from a person’s place of employment and residence.
    2. Snow Removal. Such an ATV used for this purpose must be equipped with a snow blade or blower.
    3. Travel between a person’s own or employer’s personal and/or business properties.
    4. Incremental use for maintenance and landscaping activities.
    5. For commercial business use for activities in the normal course of such business.
  2. Trails. ATVs shall not be operated on snowmobile trails except where designated.(Code of Iowa, Sec. 321I.10[4])
  1. 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])
  1. Campground, Parks, and Other City Land. ATVs shall not be operated in any campground, park, playground, any public trail or pathway located within the City or upon any other City-owned property excluding City public streets without the express permission of the City.
  2. 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” except for purposes of snow removal or maintenance activities.
  3. Private Property. ATVs may only be operated on private property with the express consent of the owner of such property.
  4. Registration and Decal. Each ATV operated on a City street shall be registered and display such registration and use permit decal as required by Sections 321I.3, 321I.4, 321I.5, and 321I.6 of the Code of Iowa.
  5. License. No person shall operate an ATV on a City street without a valid motor vehicle operator’s license.  Persons less than 18 years of age shall not operate an ATV on a City street without also obtaining a valid safety certificate issued by the Iowa Department of Natural Resources and having the certificate in the person’s possession. (Code of Iowa, Sec. 321I.26[1])
  1. Equipment. An ATV shall not be operated on a City street without suitable and effective muffling devices.  ATVs shall comply with the sound level standards and testing procedures established by the Society of Automotive Engineers under SAE J1287.  No person shall operate an ATV within the City limits if said ATV is equipped with a muffler cut-out, bypass, or similar device.  ATVs are subject to the Vehicle Noise Limits of Section 62.10 of this Code of Ordinances.  Every ATV operated during hours of darkness and at such other times when weather and/or lighting conditions render it necessary for safety shall display a lighted headlamp and tail lamp.  Every ATV being operated on City streets shall be equipped with brakes.  No passenger shall be allowed on an ATV operated on a City street unless the ATV is manufacture-designed for a passenger.
  2. Hours of Operation. No ATV shall be operated in the City between the hours of 10:00 p.m. and 6:00 a.m. except for emergency situations or for snow removal purposes. (Ord. 470-16 – Jun. 18 Supp.)
  3. Traffic Code Observed. An operator of an ATV on City streets shall observe all applicable Federal, State, and local traffic regulations and laws and shall not operate an ATV at a speed in excess of that posted nor at any time at a speed greater than reasonable or proper under all existing circumstances. (Code of Iowa, Sec. 321I.4)
  1. Unattended ATVs and Parking. No owner or operator of an ATV shall leave an ATV unattended on public property while the motor is running or with keys in ignition switch.  Owners and operators of ATVs shall obey all parking regulations in the City.
  2. Penalties. A violation of this chapter shall be a simple misdemeanor or a municipal infraction according to Sections 3.01 and 3.02 of this Code of Ordinances.  The offender may also be prosecuted pursuant to Code of Iowa Section 321I.36.
  3. Direct Crossing. An all-terrain vehicle or off-road utility vehicle may make a direct crossing of a highway provided all of the following occur:
    (Code of Iowa, Sec. 321I.10[5])
  1. The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing.
  2. The all-terrain vehicle or off-road utility vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway.
  3. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.
  4. In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.
  5. The crossing is made from a street, roadway, or highway designated as an all-terrain vehicle trail by a state agency, county, or city to a street, roadway, or highway designated as an all-terrain vehicle trail by a state agency, county, or city.

(Subsection 15 – Ord. 475-18 – Jun. 18 Supp.)

75.06   NEGLIGENCE.  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 to 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)

75.07   ACCIDENT REPORTS.  Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand five hundred dollars ($1,500.00) 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)

75.08   CITY EMPLOYEES OR AGENTS.  An employee or agent of the City for the purposes of providing emergency services, rescue, or for City business purposes shall be authorized to operate an ATV as herein described on any street, public land, or City-owned property.

75.09   FINANCIAL RESPONSIBILITY.  The owner or operator of an ATV or snowmobile shall maintain and provide current proof of financial responsibility for said recreational vehicle in a manner consistent with the provisions of Code of Iowa Section 321.20B with regard to such coverage, proof and enforcement of financial responsibility.  A violation of this section shall be a municipal infraction according to Sections 3.01 and 3.02 of this Code of Ordinances.

 

CHAPTER 76: BICYCLE REGULATIONS

76.01   SCOPE OF REGULATIONS.  These regulations shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein. (Code of Iowa, Sec. 321.236[10])

76.02   TRAFFIC CODE APPLIES.  Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State declaring rules of the road applicable to vehicles or by the traffic code of the City applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application.  Whenever such person dismounts from a bicycle the person shall be subject to all regulations applicable to pedestrians. (Code of Iowa, Sec. 321.234)

76.03   DOUBLE RIDING RESTRICTED.  A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto.  No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (Code of Iowa, Sec. 321.234[3 and 4])

76.04   TWO ABREAST LIMIT.  Persons riding bicycles upon a roadway shall not ride more than two (2) abreast except on paths or parts of roadways set aside for the exclusive use of bicycles.  All bicycles ridden on the roadway shall be kept to the right and shall be operated as near as practicable to the right-hand edge of the roadway. (Code of Iowa, Sec. 321.236[10])

76.05   SPEED.  No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. (Code of Iowa, Sec. 321.236[10])

76.06   EMERGING FROM ALLEY OR DRIVEWAY.  The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. (Code of Iowa, Sec. 321.236[10])

76.07   CARRYING ARTICLES.  No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handle bars. (Code of Iowa, Sec. 321.236[10])

76.08   RIDING ON SIDEWALKS.  The following shall apply to riding bicycles on sidewalks:

  1. Business District. No person shall ride a bicycle upon a sidewalk within the Business District, as defined in Section 60.02(1) of this Code of Ordinances. (Code of Iowa, Sec. 321.236[10])
  1. Other Locations. When signs are erected on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person, no person shall disobey the signs. (Code of Iowa, Sec. 321.236[10])
  1. Yield Right-of-way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing. (Code of Iowa, Sec. 321.236[10])

76.09   TOWING.  It is unlawful for any person riding a bicycle to be towed or to tow any other vehicle upon the streets of the City unless the vehicle is manufactured for such use.

76.10   IMPROPER RIDING.  No person shall ride a bicycle in an irregular or reckless manner such as zigzagging, stunting, speeding or otherwise so as to disregard the safety of the operator or others.

76.11   PARKING.  No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic. (Code of Iowa, Sec. 321.236[10])

76.12   EQUIPMENT REQUIREMENTS.  Every person riding a bicycle shall be responsible for providing and using equipment as provided herein:

  1. Lamps Required. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least three hundred (300) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of 300 feet to the rear except that a red reflector on the rear, of a type which shall be visible from all distances from fifty (50) feet to 300 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of a rear light. (Code of Iowa, Sec. 321.397)
  1. Brakes Required. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement. (Code of Iowa, Sec. 321.236[10])

76.13   SPECIAL PENALTY.  Any person violating the provisions of this chapter may, in lieu of the scheduled fine for bicyclists or standard penalty provided for violations of the Code of Ordinances, allow the person’s bicycle to be impounded by the City for not less than five (5) days for the first offense, ten (10) days for a second offense and thirty (30) days for a third offense.

 

CHAPTER 77: GOLF CARTS

77.01   PURPOSE.  The purpose of this chapter is to approve the operation of golf carts on the streets of the City as authorized by Section 321.247 of the Code of Iowa.

77.02   OPERATION PERMITTED.  Except as otherwise authorized by the City Administrator, golf carts may be operated on certain streets only for the purpose of traveling from a point of origin to and from the Rock Valley Golf Club.  In so doing, the shortest and most direct street route to and from the point of origin to the golf club shall be used.  Golf carts shall be operated only on the roadway or traveled portion of the street and shall not be operated on any sidewalk.

77.03   PROHIBITED STREETS.  Golf carts shall not be operated upon any City street which is a primary road extension through the City, namely, Main Street and Highway 18.  However, golf carts may cross such a primary road extension.

77.04   EQUIPMENT.  Golf carts operated upon City streets shall be equipped with a slow moving vehicle sign and a bicycle safety flag at all times during operation.

77.05   HOURS.  Golf carts may be operated on City streets only between sunrise and sunset.

77.06   REGISTRATION.  Golf carts operated on City streets are not required to be registered.

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