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Iowa Cities and Towns May Have ATV Ordinances –

Steve Lombardi
Iowa personal injury, workers' compensation, motorcycle, quadriplegic, paraplegic, brain injury, death

Blog Category:
8/9/2012
Steve Lombardi
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Here is an example of a law regulating the use and ownership of ATV’s. This one is from the Code of Iowa. Keep in mind when you read this it may not be current; which means you need to go to the local library to read the current law.

 

CHAPTER 75

ALL-TERRAIN VEHICLES AND SNOWMOBILES

75.01  Purpose

75.05  Operation of All-Terrain Vehicles

75.02  Definitions

75.06  Negligence

75.03  General Regulations

75.07  Accident Reports

75.04  Operation of Snowmobiles

 

75.01    PURPOSE.  The purpose of this chapter is to regulate the operation of all-terrain 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 flotation-tire vehicle, with not less than three (3) and not more than six (6) low pressure tires, that is limited in engine displacement to less than one thousand (1,000) cubic centimeters and in total dry weight to less than  one thousand (1,000) 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)

2.                  “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.

(Code of Iowa, Sec. 321I.1)

 

  3.     “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 one thousand five hundred (1,500) cubic centimeters and in total dry weight to not more than one thousand eight hundred (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.  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. 10-121 – Oct. 09 Supp.)

                

4.                  “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)

75.03    GENERAL REGULATIONS.  No person shall operate an ATV, off-road motorcycle or off-road utility vehicle 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, 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.         Streets.  Snowmobiles shall be operated only upon streets which have not been plowed during the snow season and on the following streets for the purpose of getting in and out of the City:

A.        Cedar Street from the north City limits to the underpass, then Chestnut Street to Highway 34;

B.        Prairie Street from Cedar Street to Lincoln Street;

C.        Lincoln Street from Highway 25 to Adams Street; west on Adams Street to west City limits;

D.        East McKinley Park Road from Adams Street to south City limits;

E.        South Cherry Street from Fremont Street to south City limits;

F.         Fremont Street from South Chestnut Street to New York Avenue; north to Adams Street; Adams Street west to City limits; and

G.        Townline Street from Cedar Street to Osage Street.

H.        On any other street by the utilization of the shortest and most direct route from a point of origin to one of the streets set out above or from one of the streets set out above to a point of destination.

(Code of Iowa, Sec. 321G.9[4a])

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[4f])

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.

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.         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.”

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 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)

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 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)

(Ch. 75 – Ord. 07-102 – Dec. 07 Supp.)

 



Category: Motorcycle, Bike And ATV Accidents


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