[Ord. No. 1028 §1, 5-6-2013]
All-terrain vehicles, as defined and qualified herein, shall
be allowed on City streets under conditions as herein stated.
[Ord. No. 1028 §2, 5-6-2013]
As used in this Article, the following terms mean:
Any motorized vehicle manufactured and used exclusively for
off-highway use which is fifty (50) inches or less in width, with
an unladen dry weight of six hundred (600) pounds or less, traveling
on three (3), four (4) or more low-pressure tires, with a seat designed
to be straddled by the operator, and handlebars for steering control.
Any of the streets and public rights-of-way (alleys) owned
and maintained by the City of Concordia, Missouri, inclusive of property
drives and entrances to properties owned by the City of Concordia,
but located outside the boundaries of the City of Concordia, such
as Edwin A. Pape Lake, and sewerage lagoons.
A state secondary road, also known as a supplemental route
in the State of Missouri, is designated with letters, given in 1952
to maintain in addition to the regular routes. The four (4) types
of roads designated as "routes" are:
[Ord. No. 1028 §3, 5-6-2013]
A.
All persons wishing to operate an all-terrain vehicle on City streets
must ensure compliance with the following requirements:
1.
License required. No person shall operate an
all-terrain vehicle upon the streets and alleys of the City of Concordia,
unless the operator thereof has a valid operator's, chauffeur's
or motorcycle operator's license issued by the State of Missouri
or other state.
2.
Insurance required. No owner or person having
control of an all-terrain vehicle shall allow or permit the use of
said vehicle, unless said owner or person has liability insurance
coverage in such amounts and under such terms that shall comply with
the provisions of Sections 303.010 through 303.044, Revised Statutes
of the State of Missouri, 1978, as amended, which said coverage, terms
and requirements shall also cover and apply to said all-terrain vehicle.
3.
Inspection of ATV required. All persons wishing
to operate an all-terrain vehicle on City streets must be certified
with the City and must have the vehicle certified with the City by
inspection by the Chief of Police, or his designated representative,
for compliance with all equipment as appears in this Article.
4.
City decal required. Upon certification of
operator and all-terrain vehicle, the City shall issue a City decal.
This decal must be displayed on the rear of the vehicle.
[Ord. No. 1028 §4, 5-6-2013]
A.
No person shall operate a qualified all-terrain vehicle on the streets
and alleys of the City of Concordia without first obtaining a permit
from the City Clerk as provided herein. Permits shall be granted for
a period of one (1) year, beginning on July 1 and expiring on June
30 of the following year. The cost of the permit is fifteen dollars
($15.00) per permit. This cost shall be a set fee and is not prorated
over the year. This fee is non-refundable if the permit is suspended
or revoked.
B.
Application for all-terrain permits shall be made on a form provided
by the City and shall contain the following information to be supplied
by the applicant:
1.
Name and address of the applicant;
2.
Name of liability insurance carrier;
3.
Serial number, make, model and description of all-terrain vehicle;
4.
Waiver of liability by the applicant releasing the City of Concordia
and agreeing to indemnify and hold the City of Concordia harmless
from any and all future claims resulting from the operation of his
or her all-terrain vehicle on the City streets;
5.
Photocopy of applicable liability insurance coverage specifically
for the vehicle to be operated pursuant to the permit;
6.
Photocopy of the operator's current driver's license;
and
7.
Such other information as the City may require.
C.
No permit shall be granted unless the following conditions are met:
1.
The vehicle must be inspected by the Chief of Police (or his
designee) to ensure that the vehicle is safe to operate on City streets
and is in compliance with this Article.
2.
A physically handicapped applicant shall submit a certificate
signed by a physician certifying that the applicant is able to safely
operate an all-terrain vehicle on City streets.
3.
The applicant must provide evidence of insurance in compliance
with the provisions of Sections 303.010 through 303.044, Revised Statutes
of the State of Missouri, 1978, as amended, which said coverage, terms
and requirements shall also cover and apply to said all-terrain vehicle.
4.
The application form is completely filled out and signed by
the applicant.
[Ord. No. 1028 §5, 5-6-2013]
The City of Concordia may suspend or revoke a permit granted
hereunder upon a finding that the holder thereof has violated any
provision of this Article or there is evidence that the permitted
operator cannot safely operate a qualified all-terrain vehicle on
the designated roadways. Suspension or revocation of the special permit
may result if a permitted operator knowingly allows use of his/her
approved all-terrain vehicles by a non-permitted user.
[Ord. No. 1028 §6, 5-6-2013]
Any all-terrain vehicle approved and permitted by the City of
Concordia shall be identified by a City-issued sticker.
[Ord. No. 1028 §7, 5-6-2013]
A.
No person shall operate an all-terrain vehicle upon the streets and
alleys of the City of Concordia, unless said vehicle is equipped with
the following equipment:
1.
A lighted headlamp and tail lamp which shall be in operation
at any time in which an all-terrain vehicle is being used on any street.
2.
An equalized triangular emblem to be mounted on the rear of
such vehicle at least two (2) feet above the roadway when such vehicle
is operated upon any street or highway pursuant to this Section. The
emblem shall be constructed of substantial material with a fluorescent
yellow-orange finish and a reflective, red border at least one (1)
inch in width. Each side of the emblem shall measure at least ten
(10) inches.
3.
A braking system maintained in good operating condition.
4.
An adequate muffler system in good working condition and a United
States Forest Service qualified spark arrestor.
[Ord. No. 1028 §8, 5-6-2013]
A.
All persons wishing to operate an all-terrain vehicle on City streets
and alleys must ensure compliance with the following rules:
1.
Must obey all traffic laws of the State of Missouri and the
City of Concordia.
2.
No person shall operate the all-terrain vehicle in any careless
way so as to endanger the person or property of others.
3.
May operate all-terrain vehicles only on City streets and alleys,
except if prohibited and posted. The City reserves the right to prohibit
any intersection crossing based on the safety and welfare of all operators
and users of that intersection.
4.
May not operate the all-terrain vehicle on Missouri Highway
23 or U.S. Highway 40, except to cross at designated streets as designated
in this Section.
5.
A person may make a direct crossing at an intersection controlled
by two-way stop signs across a highway under the jurisdiction of the
State if the speed limit on the highway is thirty-five (35) miles
per hour or less at the crossing.
6.
No person shall operate an all-terrain, as defined herein, within
any stream or river in this City, except that off-road vehicles may
be operated within waterways which flow within the boundaries of land
which an off-road operator owns, or for agricultural purposes within
the boundaries of land which an off-road operator owns or has permission
to be upon, or for the purpose of fording such stream or river of
this State at such road crossings as are customary or part of the
highway system. All law enforcement officials or peace officers of
this City shall enforce the provisions of this Subsection within the
geographic area of the City of Concordia's jurisdiction.
7.
A person who is operating or who is in actual physical control
of an all-terrain vehicle on a roadway or alley while under the influence
of alcohol or drugs is subject to Chapter 577 of the Revised Statutes
of the State of Missouri.
8.
No person shall operate an all-terrain vehicle without a securely
fastened safety helmet on the head of an individual who operates an
all-terrain vehicle, unless that individual is at least eighteen (18)
years of age.
9.
Operators of an all-terrain vehicle operating under the special
permits issued by the City of Concordia shall operate such vehicle
between the official sunrise and sunset on the day of operation. The
operator may, at the time of application, request an exemption to
operate his or her all-terrain vehicle past these hours, and the City
Clerk may grant the exemption for hours of operation based on the
following criteria:
a.
The all-terrain vehicle is the applicant's primary vehicle.
b.
The all-terrain vehicle is used as part of the applicant's
business.
c.
This all-terrain vehicle is used by the applicant for the purpose
of snow removal from his/her own driveway.
d.
Other information pertinent to the sustainability of a person's
health and welfare.
10.
No operator of an all-terrain vehicle shall carry a passenger,
except for agricultural purposes. The provision shall not apply to
such vehicle designed to carry more than one (1) person.
11.
Child restraint shall be enforced pursuant to the provisions
of Section 307.179, Revised Statutes of the State of Missouri.
12.
A person is not eligible to operate an all-terrain vehicle upon
any street, alley, roadway or highway within the corporate limits
of the City, unless he or she has a valid driver's license issued
in his or her name.
13.
All-terrain vehicles shall not be operated on sidewalks or in
City parks, other than parking areas.
14.
A violation of any of these rules shall be an ordinance violation,
and may lead to revocation of the special permit issued by the City
of Concordia pursuant to Section 304.013, Revised Statutes of the
State of Missouri.
