[Ord. No. 1030 §1, 5-6-2013]
Recreational off-highway vehicles, as defined and qualified herein, shall be allowed on City streets under conditions as herein stated.
[Ord. No. 1030 §2, 5-6-2013]
As used in this Section, 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.
Any motorized vehicle manufactured and used exclusively for off-highway use which is sixty-four (64) inches or less in width, with an unladen dry weight of two thousand (2,000) pounds or less, traveling on four (4) or more non-highway tires, with a nonstraddle seat, and steering wheel, which may have access to ATV trails.
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. 1030 §3, 5-6-2013]
A.
All persons wishing to operate a recreational off-highway vehicle on City streets must ensure compliance with the following requirements:
1.
License required. No person shall operate a recreational off-highway 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 a recreational off-highway 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 recreational off-highway vehicle.
3.
Inspection of ATV required. All persons wishing to operate a recreational off-highway 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 recreational off-highway vehicle, the City shall issue a City decal. This decal must be displayed on the rear of the vehicle.
[Ord. No. 1030 §4, 5-6-2013]
A.
No person shall operate a qualified recreational off-highway 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 recreational off-highway 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 recreational off-highway 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 recreational off-highway 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 a recreational off-highway vehicle on City streets.
4.
The application form is completely filled out and signed by the applicant.
[Ord. No. 1030 §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 recreational off-highway 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 recreational off-highway vehicle by a non-permitted user.
[Ord. No. 1030 §6, 5-6-2013]
Any recreational off-highway vehicle approved and permitted by the City of Concordia shall be identified by a City-issued sticker.
[Ord. No. 1030 §7, 5-6-2013]
A.
No person shall operate a recreational off-highway 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 a recreational off-highway 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.
5.
A recreational off-highway vehicle shall be equipped with a roll bar or roll cage construction to reduce the risk of injury to an occupant of the vehicle in case of the vehicle's rollover.
[Ord. No. 1030 §8, 5-6-2013]
A.
All persons wishing to operate a recreational off-highway 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 recreational off-highway vehicle in any careless way so as to endanger the person or property of others.
3.
No person shall operate a recreational off-highway vehicle, 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.
4.
May operate recreational off-highway 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.
5.
May not operate the recreational off-highway vehicle on Missouri Highway 23 or U.S. Highway 40, except to cross at designated streets as designated in this Section.
6.
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.
7.
A person who is operating or who is in actual physical control of a recreational off-highway 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 a recreational off-highway vehicle without a securely fastened safety helmet on the head of an individual who operates a recreational off-highway vehicle, unless that individual is at least eighteen (18) years of age.
9.
Operators of a recreational off-highway 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 recreational off-highway vehicle past these hours, and the City Clerk may grant the exemption for hours of operation based on the following criteria:
a.
The recreational off-highway vehicle is used as part of the applicant's business.
b.
The recreational off-highway vehicle is the applicant's primary vehicle.
c.
This recreational off-highway 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 a recreational off-highway 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 a recreational off-highway 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.
Recreational off-highway vehicles shall not be operated on sidewalks or in City parks, other than parking areas.