[Ord. No. 469, § 1, 1-18-1972; Ord. No. 648, 7-9-1985; Ord. No.
920, 5-12-2009]
(a)
For the purpose of this article, the following definitions are hereby
adopted:
(1)
ALL-TERRAIN VEHICLE/OFF-HIGHWAY VEHICLE - Shall mean a motor
vehicle using more than two low pressure tires and with a dry weight
of less than 1,200 pounds (544.31 kilograms).
(2)
OPERATE - Shall mean to ride in or on and control the operation
of a snowmobile or all-terrain vehicle.
(3)
OPERATOR - Shall mean every person who operates or is in actual
physical control of a snowmobile.
(4)
OWNER - Shall mean a person, other than a lienholder, having
the property in or title to a snowmobile or all-terrain vehicle, who
is entitled to the use or possession thereof.
(5)
PERSON - Shall mean and include an individual, firm, partnership,
corporation, trustee, association, estate and its agencies and subdivision
and any body of persons, whether incorporated or not, and with respect
to acts prohibited or required herein shall include employees and
licensees.
(6)
ROADWAY - Shall mean that portion of a highway, street, boulevard,
avenue, or alley improved, designed or ordinarily used for vehicular
travel.
(7)
SNOWMOBILE - Shall mean a self-propelled vehicle designed for
travel on snow or ice or a natural terrain steered by wheels, skis
or runners.
(8)
STREET, HIGHWAY, BOULEVARD, AVENUE OR ALLEY - Shall mean the
entire width between the boundary lines of the same.
[Ord. No. 648, 7-9-1985]
[Ord. No. 469, § 2, 1-18-1972; Ord. No. 510, § 2, 9-23-1975; Ord. No. 648, 7-9-1985; Ord. No. 920, 5-12-2009]
(a)
It shall be unlawful for any person to drive or operate any snowmobile
or within the corporate limits of the City, subject to the following
exceptions:
[Ord. No. 469, § 3, 1-18-1972; Ord. No. 510, § 3, 9-23-1975; Ord. No. 648, 7-9-1985; Ord. No. 920, 5-12-2009]
Any parent or guardian who knowingly allows his or her child
or ward to operate his or her snowmobile upon or over the City streets,
highways, boulevards, avenues or alleys except with the permission
of the chief of police or his designate in the case of an emergency
shall be guilty of a misdemeanor and subject to the penalties of this
article.
[Ord. No. 469, § 2, 1-18-1972; Ord. No. 513m, 11-12-1975; Ord. No.
591, 3-23-1982; Ord. No. 648, 7-9-1985; Ord. No. 920, 5-12-2009]
(a)
No person shall drive a snowmobile on City streets, avenues, boulevards,
or alleys, except under the provisions of this article and as necessary
to go from his residence to outside the City limits and return in
a reasonably direct route, and then only subject to the following
rules and regulation. No person shall drive:
(1)
In a careless, reckless or negligent manner so as to endanger
the person or property of another or to cause injury or damage to
such person's property.
(2)
While under the influence of intoxicating liquor or a controlled
substance.
(3)
In any tree nursery or planting in a manner which damages or
destroys growing stock.
(4)
Without a manufacturer-installed or equivalent muffler in good
working order and connected to the snowmobile or all-terrain vehicle's
exhaust system.
(5)
The driver of a snowmobile must yield the right-of-way to all
oncoming traffic which constitute an immediate hazard.
(6)
In violation of any rules or regulations promulgated for regulating
the use of snowmobiles by the state highway commissioner where applicable
within the geographical limits of the City.
(7)
While towing a sled, skid or other vehicle, unless the sled,
skid or other vehicle is connected to the snowmobile by a hinged swivel
and secured hitch and lighted or reflectorized at night.
(8)
Abreast of another snowmobile upon any highway as defined in
this article.
(9)
Between the hours of 11:00 p.m. and 7:00 a.m., except when returning
to the City at a reasonably direct route to the residence of an operator.
(10)
In any municipal park or recreation area or school grounds except
when posted as open to snowmobiles within the hours permitted.
(11)
Upon private property within the corporate limits of the City.
(12)
At any time with more than two persons riding therein in addition
to the operator.
(13)
Without observing all traffic signs, signals, rules and regulations
applying to motor vehicles when also applicable to snowmobiles.
(14)
At a rate of speed greater than reasonable or proper under all
the surrounding circumstances and in no event at a speed greater than
20 miles per hour.
(15)
No person shall drive on any street or highway or through street
except to cross, and then only at a 90° angle.
(b)
Except as otherwise provided in this section, a person under 16 years
of age who is not in possession of a valid operator's license or permit
to operate a snowmobile may not, except upon the lands of the person's
parents or guardian, operate a snowmobile.
[Ord. No. 804, 9-23-1997]
A person may not operate a snowmobile, and an owner of a snowmobile
may not knowingly permit the snowmobile to be operated, within the
City without a valid policy of liability insurance in effect in order
to respond in damages for liability arising out of the ownership,
maintenance, or use of such snowmobile. The policy of liability insurance
shall be equal to or greater than the amount required by state law.
A person violating any provisions of this section is guilty
of a Class B misdemeanor and such person shall be assessed a fine
of at least $100.
[Ord. No. 806, §§ 1,
2, 9-23-1997]
(a)
Any driver of a snowmobile who willfully fails or refuses to bring
the snowmobile to a stop or who otherwise flees or attempts to elude,
in any manner, a pursuing police vehicle or peace officer, when given
a visual or audible signal to bring the snowmobile to a stop, is guilty
of a Class B misdemeanor for a first or second offense and a Class
A misdemeanor for a subsequent offense. A signal complies with this
section if the signal is perceptible to the driver and:
(1)
If given from a vehicle, the signal is given by hand, voice,
emergency light, or siren, and the stopping vehicle is appropriately
marked showing it to be an official police vehicle; or
(2)
If not given from a vehicle, the signal is given by hand, voice,
emergency light, or siren, and the officer is in uniform and prominently
displays the officer's badge of office.
(b)
Any person who violates this section must be assessed a fine of at
least $500.
[Ord. No. 920, 5-12-2009]
(1)
An individual may operate a registered and insured off-highway vehicle
on any City street except divided four-lane roadways within the City
limits. An individual may not operate an off-highway vehicle on the
roadway, shoulder, or inside bank or slope of any road, street or
highway except as provided in this chapter. Except in emergencies,
an individual may not operate an off-highway vehicle within the right-of-way
of any controlled-access City street. An individual may operate a
registered off-highway vehicle on a gravel, dirt, or loose surface
roadway. All terrain vehicles must observe all City speed limits.
(2)
The operator of an off-highway vehicle may make a direct crossing
of a street or highway only if:
a.
The crossing is made at an angle of approximately 90° to the
direction of the highway and at a place where no obstruction prevents
a quick and safe crossing;
b.
The off-highway vehicle is brought to a complete stop before crossing
the shoulder or main traveled way of the highway;
c.
The operator yields the right-of-way to all oncoming traffic which
constitutes an immediate hazard; and
d.
In crossing a divided highway, the crossing is made only at an intersection
of the highway with another public street or highway.
(3)
Unless an individual is operating a Class 1 off-highway vehicle,
an individual may not operate an off-highway vehicle unless it is
equipped with at least one headlamp, one tail lamp, and brakes, all
in working order, which conform to standards prescribed by rule of
the director, except when under the direct supervision of an off-highway
vehicle instructor teaching a certified off-highway vehicle safety
training course, the requirement for a headlamp and tail lamp may
be waived.
(4)
The emergency conditions under which an off-highway vehicle may be
operated other than as provided by this chapter are only those that
render the use of an automobile impractical under the conditions and
at the time and location in question.
(5)
An individual may not operate an off-highway vehicle in the following
ways, which are declared to be unsafe and a public nuisance:
a.
At a rate of speed greater than reasonable or proper under all the
surrounding circumstances.
b.
In a careless, reckless, or negligent manner so as to endanger the
person or property of another or to cause injury or damage to another
person or the property of another person.
c.
While under the influence of intoxicating liquor or a controlled
substance.
d.
Without a lighted headlamp and tail lamp except when used by an off-highway
vehicle instructor during a certified off-highway vehicle safety training
course.
e.
In any tree nursery or planting in a manner that damages growing
stock.
f.
Without a manufacturer-installed or equivalent muffler in good working
order and connected to the off-highway vehicle's exhaust system.
g.
On any private land where the private land is posted prohibiting
trespassing. The name and address of the person posting the land and
the date of posting must appear on each sign in legible characters.
The posted signs must be readable from outside the land and be placed
conspicuously at a distance of not more than 880 yards (804.68 meters)
apart. Land entirely enclosed by a fence or other enclosure is sufficiently
posted by posting of these signs at or on all gates through the fence
or enclosure.
(6)
An individual may not operate an off-highway vehicle without having
in possession a valid driver's license or permit.
(7)
When an off-highway vehicle is operated within the right-of-way of
any road, street, or highway, during times or conditions that warrant
the use of lights by other motor vehicles, the off-highway vehicle
must be operated in the same direction as the direction of other motor
vehicles traveling on the side of the roadway immediately adjacent
to the side of the right-of-way traveled by the off-highway vehicle.
(8)
An individual may not operate an off-highway vehicle within the right-of-way
of any highway while towing a sled, skid, or other vehicle, unless
the object towed is connected to the off-highway vehicle by a hinged
swivel and secure hitch.
(9)
An individual under the age of 18 years may not operate, ride, or
otherwise be propelled on an off-highway vehicle unless the person
wears a safety helmet meeting United States department of transportation
standards.
(10)
An operator of an off-highway vehicle may not carry a passenger
while operating the vehicle unless the off-highway vehicle is equipped
and recommended by the manufacturer to carry a passenger and the passenger
is carried as recommended by the manufacturer.
(11)
Unless otherwise provided by law, an off-highway vehicle may
be operated on an aggregate road surface only when designated as part
of an active off-highway vehicle trail by the managing entity.
(12)
A person who is performing pest control or survey work for a
political subdivision may operate an all-terrain vehicle on the bottom,
back-slope, inside slope, and shoulder of a highway other than a controlled-access
highway.
[Ord. No. 920, 5-12-2009]
To operate an off-highway vehicle on a paved City street or gravel, dirt, or loose surface roadway under Subsection (1) of § 10-390, the off-highway vehicle must be equipped with a mirror, a horn, a speedometer and odometer, a brake light, a lighted headlamp, and a motor of at least 350 cubic centimeters.
[Ord. No. 920, 5-12-2009]
Except as otherwise provided in this section, an individual
under 16 years of age who is not in possession of a valid operator's
license or permit to operate an off-highway vehicle may not, except
upon the lands of the individual's parent or guardian or as a participant
in an organized sporting event that involves the use of off-highway
vehicles, operate an off-highway vehicle.
[Ord. No. 920, 5-12-2009]
Violation of Subdivision (b), (c) or (g) of Subsection (5) of § 10-390 is a Class B misdemeanor. Violation of any other provision of § 10-390 is an infraction for which a fee of $20 must be assessed. Failure to register an off-highway vehicle is an infraction, for which a fee of $50 must be assessed. If the individual provides proof of registration since the violation, the fee may be reduced by one-half.
This ordinance shall be in full force and effect upon its final
passage, approval and publication.
