[Ord. No. 1029 §1, 5-6-2013]
Utility vehicles, as defined and qualified herein, shall be
allowed on City streets under conditions as herein stated.
[Ord. No. 1029 §2, 5-6-2013]
As used in this Section, the following terms mean:
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 vehicle designed for or capable of cross-country travel
on or immediately over land, water, ice, snow, marsh, swampland, or
other natural terrain without benefit of a road or trail.
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:
Any motorized vehicle manufactured and used exclusively for
off-highway use which is sixty-three (63) inches or less in width,
with an unladen dry weight of one thousand eight hundred fifty (1,850)
pounds or less, traveling on four (4) or six (6) wheels, to be used
primarily for landscaping, lawn care, or maintenance purposes.
The following vehicles have been included, without limitation
by definition in Section 304.001, RSMo:
Jeeps.
All-terrain vehicles.
Dune buggies.
Utility vehicle such as gator, mule, etc.
Multi-wheel drive or low-pressure tire vehicles.
Vehicle using an endless belt, or tread or treads, or a combination
of tread and low-pressure tires.
Any other means of transportation deriving power from any source
other than muscle or wind.
The following vehicles have been excluded as "off-road vehicles"
by definition in Section 304.001, RSMo.
Registered motorboats.
Aircraft.
Any military, fire or law enforcement vehicle.
Farm-type tractors and other self-propelled equipment for harvesting
and transporting farm or forest products.
Any vehicle being used for farm purposes, earth moving, or construction
while being used for such purposes on the work site.
Self-propelled lawnmowers, or lawn or garden tractors, or golf
carts, while being used exclusively for their designed purpose.
Any vehicle being used for the purpose of transporting a handicapped
person.
[Ord. No. 1029 §3, 5-6-2013]
A.
All persons wishing to operate a utility vehicle on City streets
must ensure compliance with the following requirements:
1.
License required. No person shall operate a
utility 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 utility 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 utility vehicle.
3.
Inspection of UTV required. All persons wishing
to operate a utility 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 utility vehicle, the City shall issue a City decal. This
decal must be displayed on the rear of the vehicle.
[Ord. No. 1029 §4, 5-6-2013]
A.
No person shall operate a qualified utility 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 utility vehicle 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 of liability insurance carrier;
2.
Serial number, make, model and description of utility vehicle;
3.
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 utility vehicle on the City streets;
4.
Photocopy of applicable liability insurance coverage specifically
for the vehicle to be operated pursuant to the permit;
5.
Photocopy of the operator's current driver's license;
and
6.
Name and address of the applicant;
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 utility 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 utility vehicle.
4.
The application form is completely filled out and signed by
the applicant.
[Ord. No. 1029 §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 utility 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 utility vehicle by a non-permitted user.
[Ord. No. 1029 §6, 5-6-2013]
Any utility vehicle approved and permitted by the City of Concordia
shall be identified by a City-issued sticker.
[Ord. No. 1029 §7, 5-6-2013]
A.
No person shall operate a utility 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 utility 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. 1029 §8, 5-6-2013]
A.
All persons wishing to operate a utility 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 utility vehicle in any careless
way so as to endanger the person or property of others.
3.
May operate utility 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 utility 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 a utility 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.
7.
A person who is operating or who is in actual physical control
of a utility 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 utility vehicle without a securely
fastened safety helmet on the head of an individual who operates a
utility vehicle, unless that individual is at least eighteen (18)
years of age.
9.
Operators of a utility 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 utility vehicle past these hours, and the City Clerk may grant
the exemption for hours of operation based on the following criteria:
a.
The utility vehicle is the applicant's primary vehicle.
b.
The utility vehicle is used as part of the applicant's
business.
c.
This utility 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 utility 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.
Any individual operating a utility vehicle shall wear a properly
fastened seat belt.
12.
The utility vehicle shall be operated at a speed of less than
twenty (20) miles per hour (RSMo. 304.034); and shall obey speed zones
that may be less than twenty (20) miles per hour.
13.
Child restraint shall be enforced pursuant to the provisions
of Section 307.179, Revised Statutes of the State of Missouri.
14.
A person is not eligible to operate a utility 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.
15.
Utility vehicles shall not be operated on sidewalks or in City
parks, other than parking areas.
16.
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.
