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HomeMy Public PortalAboutOrdinances-2022-497 (2)CITY OF TIFFIN ORDINANCE NO. 2022-497 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 75, ALL -TERRAIN VEHICLES, OFF -ROAD UTILITY VEHICLES, AND SNOWMOBILES BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section 1. Purpose: The purpose of this ordinance is to amend the entire Chapter 75, All -Terrain Vehicles, Off -Road Utility Vehicles, and Snowmobiles. Section 2. Amendment. Chapter 75 — All -Terrain Vehicles, Off -Road Utility Vehicles, and Snowmobiles, is hereby amended as follows: CHAPTER 75 ALL -TERRAIN VEHICLES, OFF -ROAD UTILITY VEHICLES, AND SNOWMOBILES 75.01 Purpose 75.02 Definitions 75.03 General Regulations 75.04 Operation of Snowmobiles 75.05 Operation of All -Terrain Vehicles and Off -Road Utility Vehicles 75.06 Hours of Operation 75.07 Negligence 75.08 Accident Reports 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 teiuis are defined: 1. "All -terrain vehicle" or "ATV" means a motorized vehicle, with not less than three and not more than six nonhighway 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 two hundred (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. 3211.1) 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. 3211.1) 3. "Off -road utility vehicle" means a motorized vehicle, with not less than four and not more than eight nonhighway 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: A. "Off -road utility vehicle — type 1" means an Off -road utility vehicle with a total dry weight of 1,200 pounds or less and a width of 50 inches or less. B. "Off -road utility vehicle — type 2" means an Off -road utility vehicle, other than a type 1 off -road utility vehicle, with a total dry weight of 2,000 pounds or less and a width of 65 inches or less. C. "Off -road utility vehicle — type 3" means an Off -road utility vehicle 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. (Code of Iowa, Sec. 3211.1) 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. Persons operating an ATV or an Off -road utility vehicle on a street or highway shall have a valid driver's license, be at least eighteen (18) years of age, and must have financial liability coverage in effect for the vehicle and carry proof of such financial liability coverage in accordance with Section 321.20B of the Code of Iowa. An ATV and an Off - road utility vehicle operated on a street or highway must have the equipment required by State law and shall not be operated on any street at a speed in excess of the posted speed limit with a maximum speed of thirty-five (35) miles per hour. An ATV and an Off -road utility vehicle shall display lighted headlamps as required by State law at all times while the vehicle is operated on a street or highway. No person shall operate an ATV, Off -road motorcycle or Off -road utility vehicle within the City in violation of Chapter 321 or 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. 321, Ch. 321G & Ch. 3211) 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 such other streets as may be designated by resolution of the Council. (Code of Iowa, Sec. 321 G. 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[4c1) 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. 321 G.13[1 hJ) 4. Trails. Snowmobiles shall not be operated on all -terrain vehicle trails except where so designated. (Code of Iowa, Sec. 321G.9[41]) 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 AND OFF -ROAD UTILITY VEHICLES. The operator of an ATV or an Off -road utility vehicle shall comply with the following restrictions as to where an ATV or an Off -road utility vehicle may be operated within the City: 1. Streets. An ATV or an Off -road utility vehicle may be operated on streets only in accordance with Sections 321.234A and 321I.10 of the Code of Iowa, and only on such streets as may be designated by resolution of the Council for driving an ATV or Off -road utility vehicle. In designating such streets, the Council may authorize ATVs and Off -road utility vehicles to stop at service stations or convenience stores along a designated street. (Code of Iowa, Sec. 3211.10[1 & 3J) 2. Trails. ATVs and Off -road utility vehicles shall not be operated on snowmobile trails except where designated. (Code of Iowa, Sec. 3211.10[4]) 3. Railroad Right-of-way. ATVs and Off -road utility vehicles shall not be operated on an operating railroad right-of-way. An ATV or an Off -road utility vehicle 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. 321114[1hp 4. Parks and Other City Land. ATVs and Off -road utility vehicles 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 and Off -road utility vehicles 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 HOURS OF OPERATION. No ATV, Off -road utility vehicle, or snowmobile shall be operated in the City between the hours of 10:00 p.m. and 4:00 a.m. except for authorized emergency vehicles as part of an emergency situation. 75.07 NEGLIGENCE. The owner and operator of an ATV, Off -road utility vehicle, or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV, Off -road utility vehicle, or snowmobile. The owner of an ATV, Off -road utility vehicle, or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV, Off -road utility vehicle, or snowmobile at the time the injury or damage occurred or if the operator had the owner's consent to operate the ATV, Off -road utility vehicle, or snowmobile at the time the injury or damage occurred. (Code of Iowa, Sec. 321G.18 & 3211.19) 75.08 ACCIDENT REPORTS. Whenever an ATV, Off -road utility vehicle, 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 & 321111) Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 5. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 2nd day of August 2022, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Orris introduced Ordinance No. 2022-497, and moved that it be given its first reading. The motion was seconded by Councilperson Limkemann. Ayes: Olney, Havens, Schnedler, Limkemann, Orris Nays: None Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2022-497, was read the first time, discussed, and placed on record. On the 16th day of August 2022, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Olney introduced Ordinance No. 2022-497, and moved that it be given its second reading. The motion was seconded by Councilperson Orris. Ayes: Havens, Olney, Orris, Schnedler, Limkemann. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2022-497, was read the second time and discussed and placed on record. On the 16th day of August 2022, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Orris introduced Ordinance No. 2022-497, and moved that it be given its third and last reading. The motion was seconded by Councilperson Schnedler. Ayes: Olney, Orris, Schnedler, Limkemann, Havens. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2022-497 be adopted and signified his approval of same by fixing his signature thereto. Passed by the Council on the 16th day of August 2022 and approved by the Mayor on the 17th day of August 2022. CITY OF TIFFIN, IOWA: By: STEVE BERNER, Mayor I, Abigail Hora, City Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 75, ALL -TERRAIN VEHICLES, OFF -ROAD UTILITY VEHICLES, AND SNOWMOBILES and known as No. 2022-497 was duly passed by the Council on the 16th day of August 2022, and signed by the Mayor on the 17th day of August 2022, and published on the 17th day of August 2022, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2022-497 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Abigail Horzi City Clerk