The purpose of this chapter is to regulate the operation of all-terrain vehicles, snowmobiles, and off-road utility vehicles within the City.
[HISTORY: Adopted by the City Council of the City of Marion 8-4-2022 by Ord. No. 22-14 (Ch. 75 of the 2000 Code). Amendments noted where applicable.]
For use in this chapter, the following terms are defined:
[Amended 3-23-2023 by Ord. No. 23-02]
"All-terrain vehicle" means a motorized vehicle with not less than three non-highway tires and not more than six non-highway tires that is limited in engine displacement to less than 1,000 cubic centimeters and in total dry weight to less than 1,200 pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control.
Off-road motorcycles shall be considered all-terrain vehicles for the purpose of registration. Off-road motorcycles shall also be considered all-terrain vehicles for the purpose of titling if a title has not previously been issued pursuant to Iowa Code Chapter 321. An operator of an off-road motorcycle is subject to provisions governing the operation of all-terrain vehicles in this chapter, but is exempt from the education instruction and certification program requirements of Iowa Code §§ 321I.25 and 321I.26.
A vehicle with not less than four and not more than eight non-highway 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:
"Type 1" is defined as an off-road utility vehicle with a total dry weight of 1,200 pounds or less with a width of 50 inches or less.
"Type 2" is defined as 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 width of 65 inches or less.
"Type 3" is defined as 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.
(Code of Iowa § 321I.1[17]) |
A motorized vehicle weighing less than 1,000 pounds which uses sled-type runners or skis, endless belt-type tread with a width of 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, as defined in this section, which has been altered or equipped with runners, skis, belt-type tracks or treads.
[Amended 3-23-2023 by Ord. No. 23-02]
[Amended 3-23-2023 by Ord. No. 23-02]
No person shall operate an ATV, snowmobile or UTV within the City in violation of the provisions of Chapter 321G or Chapter 321I of the Code of Iowa or rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, numbering, equipment and manner of operation.
The operators of ATVs and snowmobiles shall comply with the following restrictions as to where ATVs and snowmobiles may be operated within the City:
A.
Streets. ATVs, snowmobiles, and UTVs 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 § 321G.9[4a])
B.
Properly equipped UTVs may be operated upon any City roadway with a speed limit of 35 miles per hour or less except 10th Avenue (Business 151) east of 35th Street and East Post Road south of Oak Brook Drive. "Roadways" are defined as the portion of a highway improved, designed, or ordinarily used for vehicular traffic.
C.
Exceptions. ATVs, snowmobiles, and UTVs may be operated on prohibited streets only under the following circumstances.
(1)
Emergencies. ATVs, snowmobiles, and UTVs 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 § 321G.9[4])
(2)
Direct crossing. ATVs, snowmobiles, and UTVs may make a direct crossing of a prohibited street, provided:
(a)
The crossing is made at an angle of approximately 90° to the direction of the street and at a place where no obstruction prevents a quick and safe crossing;
(b)
The ATV, snowmobile, or UTV is brought to a complete stop before crossing the street;
(c)
The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and
(d)
In crossing a divided street, the crossing is made only at an intersection of such street with another street.
(Code of Iowa § 321G.9[2])
D.
Railroad right-of-way. ATVs, snowmobiles, and UTVs shall not be operated on an operating railroad right-of-way. An ATV, snowmobile, or UTV 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 § 321G.13[1h])
E.
Trails. ATVs and UTVs shall not be operated on snowmobile trails, and snowmobiles shall not be operated on ATV or UTV trails except where so designated. (Code of Iowa § 321G.9[4f])
F.
Parks and other City land. ATVs, snowmobiles and UTVs shall not be operated in any park, on any trail, on any playground, or upon any other City-owned property without the express permission of the City, with exception of the City roadways permitted by § 309-4 above. Additionally, UTVs being lawfully operated may utilize City-owned driveways, lanes, and parking lots. Snowmobiles shall not be operated on any City land without a snow cover of at least 1/10 of one inch.
G.
Sidewalk or parking. ATVs, snowmobiles, and UTVs shall not be operated upon the public sidewalk or that portion of the street located between the curbline 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.
H.
Public ice. ATVs, snowmobiles, and UTVs may not be operated upon any frozen creeks, streams, ponds, or lakes within City limits. ATVs, snowmobiles and UTVs may not be operated in any creek, stream, or river nor in any portion of the creek bed, streambed, or riverbed with City limits.
Operators of UTVs must adhere to the following equipment requirements and restrictions while operating UTVs within the City limits.
A.
Operators of UTVs within City limits must be 18 years of age or older and possess a valid driver's license.
B.
A person shall not operate a UTV within the City limits unless the operator has proof of insurance complying with that required of an operator of a motor vehicle pursuant to applicable provisions of the Iowa Code, Rules and Regulations, including but not limited to Iowa Code §§ 321.20B and 321A.21.
C.
Owners of UTVs operated within City limits shall register their UTV with the Iowa Department of Natural Resources, and proof of such registration shall be provided, upon request, to any peace officer requesting it. Out-of-state UTV operators must provide appropriate proof of registration from their home state upon request by any peace officer.
D.
UTVs may only be operated on the roadways between the hours of 7:00 a.m. and 10:00 p.m.
E.
Operators of UTVs must adhere to noise restrictions set forth under Marion Code Chapter 218, Noise.
F.
UTVs must display lighted headlamps and taillamps at all times while the vehicle is operated on City streets or highways.
G.
Operators of UTVs must adhere to all traffic and parking laws, codes, rules, and regulations applicable to other motor vehicles, unless directed otherwise by this chapter.
H.
UTVs must be equipped with:
(1)
Operational turn signal lamps with a manually operated switch controlled by the driver.
(2)
Operational speedometer, calibrated in miles per hour, which is fully illuminated when the headlamps are activated.
(3)
Operational horn with a switch controlled by the driver.
(4)
Two operational headlamps and taillamps must be affixed to each side on the front and back of the UTV. Taillamps shall be red and include a stop lamp actuated by pressing the brake pedal. The use of light bars, spotlights, or decorative lights is not permitted while the UTV is being operated on City streets or highways.
(5)
Rear-facing mirror providing the operator with a clear view of the rear.
I.
All occupants, except as noted below, must wear safety belts or safety harnesses which meet the definition of a safety belt or safety harness set forth by Iowa Code § 321.445 while the UTV is in motion.
(1)
Children under one year old and weighing less than 20 pounds must be secured in a rear-facing child restraint system while the UTV is motion.
(2)
Children ages one to six years must be secured in a child restraint system (safety seat or booster seat) while the UTV is in motion.
(a)
A child restraint system is a specially designed seating system, including a belt positioning seat or booster seat which meets federal motor vehicle safety standards. The child restraint system must be used in accordance with the manufacturer's instructions, the child must be secured in the child restraint, and the child restraint must be properly secured to the UTV.
(3)
No animals will be transported in the cargo portion or bed of a UTV unless they are contained within an enclosure secured to the UTV.
J.
UTV doors or nets must be closed during operation if so equipped.
K.
The number of passengers in a UTV shall not exceed the number of factory-installed seats in the UTV.
L.
No open containers of alcohol shall be allowed while the UTV is being operated.
M.
Drivers may not operate a UTV under the influence of intoxicating liquor or narcotics as prescribed under Iowa Code Chapter 321J.
N.
No UTV will be operated in a careless or reckless manner so as to: endanger any person; cause injury or damage to person or property; create unnecessary skidding or sliding; or cause a wheel or wheels to lose traction or contact with the ground.
The owner and operator of an ATV, snowmobile, or UTV shall be liable for any injury or damage occasioned by the negligent operation of the ATV, snowmobile, or UTV. (Code of Iowa § 321G.18)
[Amended 3-23-2023 by Ord. No. 23-02]
Whenever any ATV, snowmobile, or UTV is involved in an accident resulting in injury or death to anyone or property damage amounting to $1,500 or more, either the operator or someone acting on their behalf shall immediately notify a law enforcement officer and shall file an accident report within 72 hours in accordance with state law. (Code of Iowa § 321G.10)
ATVs, snowmobiles, and UTVs owned by a government agency or subdivision thereof, and used in an official capacity, and UTVs used exclusively to conduct agricultural purposes in accordance with Iowa Code § 321.234A.1[a] are exempt from registration and the requirements of this chapter.