The purpose of this chapter is to regulate the operation of all-terrain vehicles and snowmobiles within the City.

For use in this chapter the following terms are defined:

1.   “All-terrain vehicle” or “ATV” means a motorized vehicle, with not less than three 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.

2.   “Off-road motorcycle” means a two-wheeled motor vehicle that has a seat or saddle designed to be straddled by the operator and handlebars for steering control and that is intended by the manufacturer for use on natural terrain. “Off-road motorcycle” includes a motorcycle that was originally issued a certificate of title and registered for highway use under Chapter 321 of the Code of Iowa, but which contains design features that enable operation over natural terrain. An operator of an off-road motorcycle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.

3.   “Off-road utility vehicle” means a motorized 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:

   A.   “Off-road utility vehicle – Type 1” includes vehicles with a total dry weight of 1,200 pounds or less and a width of 50 inches or less.

   B.   “Off-road utility vehicle – Type 2” includes vehicles, other than Type 1 vehicles, with a total dry weight of 2,000 pounds or less and a width of 65 inches or less.

   C.   “Off-road utility vehicle – Type 3” includes vehicles with a total dry weight of more than 2,000 pounds or a width of more than 65 inches, or both.

An operator of an off-road utility vehicle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles.

4.   “Snowmobile” means a motorized vehicle that weighs less than 1,000 pounds, that 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 that has been altered or equipped with runners, skis, belt-type tracks, or treads.

No person shall operate an ATV, off-road motorcycle, or off-road utility vehicle within the City in violation of Chapter 321I of the Code of Iowa or a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or in violation of rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, equipment and manner of operation.

The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City:

1.   Unplowed Streets. Snowmobiles may be operated upon streets which have not been plowed during the snow season.

2.   Snowmobile Route. Snowmobiles may be operated on the following designated snowmobile routes for the purpose of ingress and egress from the City only:

3.   Other Streets. Snowmobiles may be operated on any street within the City for the sole and exclusive purpose of using the most direct roadway to an approved snowmobile route. No snowmobile shall be driven on any roadway solely for entertainment or pleasure.

4.   Exceptions. Snowmobiles may be operated on prohibited streets only under the following circumstances:

   A.   Emergencies. Snowmobiles 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.

   B.   Direct Crossing. Snowmobiles may make a direct crossing of a prohibited street provided all of the following occur:

      (1)   The crossing is made at an angle of approximately 90 degrees to the direction of the street and at a place where no obstruction prevents a quick and safe crossing;

      (2)   The snowmobile is brought to a complete stop before crossing the street;

      (3)   The driver yields the right-of-way to all on-coming traffic that constitutes an immediate hazard; and

      (4)   In crossing a divided street, the crossing is made only at an intersection of such street with another street.

5.   Railroad Right-of-Way. Snowmobiles shall not be operated on an operating railroad right-of-way. A snowmobile 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.

6.   Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated.

7.   Parks and Other City Land. Snowmobiles shall not be operated in any park, playground, or upon any other City-owned property without the express permission of the City. A snowmobile shall not be operated on any City land without a snow cover of at least one-tenth of one inch.

8.   Sidewalk or Parking. Snowmobiles shall not be operated upon the public sidewalk or that portion of the street located between the curb line 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.

9.   Thaw Ban. Snowmobiles shall not be operated during a publicized thaw ban in areas posted to prohibit such operation.

10.   Hours of Operation. No snowmobile shall be operated in the City after 11:00 p.m. Sunday through Friday, or after midnight on Saturday, or before 7:00 a.m. except for emergency situations or for loading and unloading from a transport trailer.

The operators of ATVs and off-road utility vehicles shall comply with the following restrictions as to where they may be operated within the City:

1.   Streets. A registered All-Terrain Vehicle may be operated on City streets and alleys in compliance with all requirements as allowed by Code of Iowa 321I.10(3) and 321.234A and set out herein and for the following purposes:

A.   Snow removal via attached snowplow or blade.

2.   Streets. A registered Off-Road Utility Vehicle may be operated on streets by persons possessing a valid driver’s license and having proof of adequate liability insurance. Off-road utility vehicles may be operated on City streets only between sunrise and sunset and must be equipped with the following:

   A.   A slow-moving vehicle signs.

   B.   A bicycle safety flag, the top of which shall be a minimum of five feet from ground level.

   C.   Adequate brakes.

   D.   Headlights.

   E.   Taillights.

3.   Trails. ATVs and off-road utility vehicles shall not be operated on snowmobile trails except where designated.

4.   Railroad Right-of-Way. ATVs and off-road utility vehicles shall not be operated on an operating railroad right-of-way. An ATV or off-road utility vehicle 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.

5.   Parks and Other City Land. ATVs and off-road utility vehicles shall not be operated in any park, playground, or upon any other City-owned property without the express permission of the City.

6.   Sidewalk or Parking. ATVs and off-road utility vehicles shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking.”

7.   Direct Crossing. An all-terrain vehicle or off-road utility vehicle may make a direct crossing of a highway provided all of the following occur:

   A.   The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing.

   B.   The all-terrain vehicle or off-road utility vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway.

   C.   The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.

   D.   In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway.

   E.   The crossing is made from a street, roadway, or highway designated as an all-terrain vehicle trail by any State agency, the County, or the City to a street, roadway, or highway designated as an all-terrain vehicle trail by any State agency, the County, or the City.

The owner and operator of an ATV or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV or snowmobile. The owner of an ATV or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV or snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV or snowmobile at the time the injury or damage occurred.

Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to $1,500.00 or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law.