ALL-TERRAIN VEHICLES AND SNOWMOBILES

Transcription

1 CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES Purpose Operation of All-Terrain Vehicles Definitions Negligence General Regulations Accident Reports Operation of Snowmobiles PURPOSE. The purpose of this chapter is to regulate the operation of all-terrain vehicles and snowmobiles within the City DEFINITIONS. For use in this chapter the following terms are defined: 1. All-terrain vehicle or ATV means a motorized flotation-tire vehicle, with not less than three and not more than six low pressure tires, that is limited in engine displacement to less than one thousand (1,000) cubic centimeters and in total dry weight to less than one thousand (1,000) pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. (Code of Iowa, Sec. 321I.1) 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. (Code of Iowa, Sec. 321I.1) 3. Off-road utility vehicle means a motorized flotation-tire vehicle, with not less than four and not more than eight low-pressure tires, that is limited in engine displacement to less than one thousand five hundred (1,500) cubic centimeters and in total dry weight to not more than one thousand eight hundred (1,800) pounds and 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. An operator of an off-road utility vehicle is also subject to the provisions of this chapter governing the operation of all-terrain vehicles. (Code of Iowa, Sec. 321I.1) 4. Snowmobile means a motorized vehicle weighing less than one thousand (1,000) pounds which uses sled-type runners or skis, endless belt-type tread with a width of forty-eight (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 allterrain vehicle which has been altered or equipped with runners, skis, belt-type tracks, or treads. (Code of Iowa, Sec. 321G.1) GENERAL REGULATIONS. 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

2 CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES 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. (Code of Iowa, Ch. 321G & Ch. 321I) OPERATION OF SNOWMOBILES. The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City: 1. Streets. Snowmobiles 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, Sec. 321G.9[4a]) 2. 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. (Code of Iowa, Sec. 321G.9[4c]) 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 ninety degrees (90 ) 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 which 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. (Code of Iowa, Sec. 321G.9[2]) 3. 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 rightof-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, Sec. 321G.13[1h]) 4. Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated. (Code of Iowa, Sec. 321G.9[4f]) 5. 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. 6. 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

3 CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES property line commonly referred to as the parking or tree berm except for purposes of crossing the same to a public street upon which operation is authorized by this chapter OPERATION OF ALL-TERRAIN VEHICLES. The operators of ATVs shall comply with the following restrictions as to where ATVs may be operated within the City: 1. Streets. ATVs may be operated on streets only in accordance with Section A of the Code of Iowa or on such streets as may be designated by resolution of the Council for the sport of driving ATVs. (Code of Iowa, Sec. 321I.10[1 & 3]) 2. Trails. ATVs shall not be operated on snowmobile trails except where designated. (Code of Iowa, Sec. 321I.10[4]) 3. Railroad Right-of-way. ATVs shall not be operated on an operating railroad right-of-way. An ATV 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, Sec. 321I.14[1h]) 4. Parks and Other City Land. ATVs shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City. 5. Sidewalk or Parking. ATVs 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 or tree berm NEGLIGENCE. 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. (Code of Iowa, Sec. 321G.18 & 321I.19) ACCIDENT REPORTS. Whenever an ATV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand dollars ($1,000.00) 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. (Code of Iowa, Sec. 321G.10 & 321I.11)

4 CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES

5 CHAPTER 76 BICYCLES, SKATES, AND SKATEBOARDS Scope of Regulations Riding on Sidewalks Traffic Code Applies Towing Double Riding Restricted Improper Riding Two Abreast Limit Parking Bicycle Paths Equipment Requirements Speed Special Penalty Emerging from Alley or Driveway Skates, Skateboard, and Coaster Restrictions Carrying Articles SCOPE OF REGULATIONS. These regulations shall apply whenever a bicycle is operated upon any street or upon any public path set aside for the exclusive use of bicycles, subject to those exceptions stated herein TRAFFIC CODE APPLIES. Every person riding a bicycle upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by the laws of the State declaring rules of the road applicable to vehicles or by the traffic code of the City applicable to the driver of a vehicle, except as to those provisions which by their nature can have no application. Whenever such person dismounts from a bicycle the person shall be subject to all regulations applicable to pedestrians. (Code of Iowa, Sec ) DOUBLE RIDING RESTRICTED. A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (Code of Iowa, Sec [3 and 4]) TWO ABREAST LIMIT. Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. All bicycles ridden on the roadway shall be kept to the right and shall be operated as near as practicable to the right-hand edge of the roadway BICYCLE PATHS. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use the roadway SPEED. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing EMERGING FROM ALLEY OR DRIVEWAY. The operator of a bicycle emerging from an alley, driveway or building shall, upon approaching a sidewalk or the sidewalk area extending across any alleyway, yield the right-of-way to all pedestrians

6 CHAPTER 76 BICYCLES, SKATES, AND SKATEBOARDS approaching on said sidewalk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway CARRYING ARTICLES. No person operating a bicycle shall carry any package, bundle or article which prevents the rider from keeping at least one hand upon the handlebars RIDING ON SIDEWALKS. The following shall apply to riding bicycles on sidewalks: 1. Business District. No person shall ride a bicycle upon a sidewalk within the Business District, as defined in Section 60.02(1) of this Code of Ordinances. 2. Other Locations. When signs are erected on any sidewalk or roadway prohibiting the riding of bicycles thereon by any person, no person shall disobey the signs. 3. Yield Right-of-Way. Whenever any person is riding a bicycle upon a sidewalk, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing TOWING. It is unlawful for any person riding a bicycle to be towed or to tow any other vehicle upon the streets of the City unless the vehicle is manufactured for such use IMPROPER RIDING. No person shall ride a bicycle in an irregular or reckless manner such as zigzagging, stunting, speeding, or otherwise so as to disregard the safety of the operator or others PARKING. No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic EQUIPMENT REQUIREMENTS. Every person riding a bicycle shall be responsible for providing and using equipment as provided herein: 1. Lamps Required. Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least three hundred (300) feet to the front and with a lamp on the rear exhibiting a red light visible from a distance of 300 feet to the rear except that a red reflector on the rear, of a type which shall be visible from all distances from fifty (50) feet to 300 feet to the rear when directly in front of lawful upper beams of headlamps on a motor vehicle, may be used in lieu of a rear light. (Code of Iowa, Sec ) 2. Brakes Required. Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.

7 CHAPTER 76 BICYCLES, SKATES, AND SKATEBOARDS SPECIAL PENALTY. Any person violating the provisions of this chapter may, in lieu of the scheduled fine for bicyclists or standard penalty provided for violations of the Code of Ordinances, allow the person s bicycle to be impounded by the City for not less than five (5) days for the first offense, ten (10) days for a second offense and thirty (30) days for a third offense SKATE, SKATEBOARD, AND COASTER RESTRICTIONS. The riding or use of skates, skateboards, coasters, or similar devices within the corporate limits of the City shall be subject to the following: 1. No person shall ride or use such devices at any time on any street, sidewalk, or public parking lot in the Business District. 2. No person shall ride or use such devices at any time on any portion of Broadway Street or Highway No person shall ride or use such devices in a publicly owned parking lot. 4. No person shall ride or use such devices on a street within the corporate limits after dusk and before dawn. 5. All persons using or riding such devices within the City shall yield the rightof-way to pedestrians and shall give an audible warning before overtaking and passing a pedestrian using the same sidewalk. 6. All persons using or riding such devices on any street or alley shall: A. Observe all traffic regulations, laws, and ordinances. B. Stay as near to the side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. 7. No person shall use or ride such devices on privately owned parking lots unless written permission has been obtained from the owner. 8. No person shall use or ride such devices on any sidewalk abutting a business.

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9 CHAPTER 77 BICYCLE LICENSING License Required Maintenance of License Records License Plates or Decals LICENSE REQUIRED. No person who resides within the City shall ride or propel a bicycle on any street or upon any public path set aside for the exclusive use of bicycles unless such bicycle has been licensed and a license plate or decal is attached thereto as provided herein. 1. License Application. Application for a bicycle license and license plate or decal shall be made upon a form provided by the City and shall be made to the Police Chief. A license fee of one dollar ($1.00) shall be paid to the City before each license is granted. 2. Issuance of License. The Police Chief, upon receiving proper application therefor is authorized to issue a bicycle license which shall be effective immediately. (Code of Iowa, Sec [4]) 3. License Valid. Any license issued hereunder shall be valid so long as ownership of the bicycle does not change LICENSE PLATES OR DECALS. License plates or decals are required as follows: 1. Issued. The Police Chief, upon issuing a bicycle license, shall also issue a license plate or decal bearing the license number assigned to the bicycle and the name of the City. (Code of Iowa, Sec [4]) 2. Attached to Bicycle. The Police Chief shall cause such license plate or decal to be firmly attached to the bicycle for which issued in such position as to be plainly seen from the rear. 3. Removal. No person shall remove a license plate or decal from a bicycle during the period for which issued unless said bicycle is dismantled and no longer operated upon any street in the City. 4. Lost License. In the event a license plate or decal is lost, destroyed, or stolen, the owner shall report such to the Police Chief immediately. A new license shall be issued upon payment of a fee of one dollar ($1.00) MAINTENANCE OF LICENSE RECORDS. The Police Chief shall keep a record of the number of each license, the date issued, the name and address of the person to whom issued, and the number on the frame of the bicycle for which issued, and a record of all bicycle license fees collected. (Code of Iowa, Sec [4]

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11 CHAPTER 80 ABANDONED VEHICLES Definitions Disposal of Abandoned Vehicles Authority to Take Possession of Abandoned Vehicles Disposal of Totally Inoperable Vehicles Notice by Mail Proceeds from Sales Notification in Newspaper Duties of Demolisher Fees for Impoundment DEFINITIONS. For use in this chapter the following terms are defined: (Code of Iowa, Sec [1]) 1. Abandoned vehicle means any of the following: A. A vehicle that has been left unattended on public property for more than twenty-four (24) hours and lacks current registration plates or two or more wheels or other parts which renders the vehicle totally inoperable. B. A vehicle that has remained illegally on public property for more than 24 hours. C. A vehicle that has been unlawfully parked or placed on private property without the consent of the owner or person in control of the property for more than 24 hours. D. A vehicle that has been legally impounded by order of a police authority and has not been reclaimed for a period of ten (10) days. However, a police authority may declare the vehicle abandoned within the ten-day period by commencing the notification process. E. Any vehicle parked on the highway determined by a police authority to create a hazard to other vehicle traffic. F. A vehicle that has been impounded pursuant to Section 321J.4B of the Code of Iowa by order of the court and whose owner has not paid the impoundment fees after notification by the person or agency responsible for carrying out the impoundment order. 2. Demolisher means a person licensed under Chapter 321H of the Code of Iowa whose business it is to convert a vehicle to junk, processed scrap or scrap metal, or otherwise to wreck, or dismantle vehicles. 3. Garage keeper means any operator of a parking place or establishment, motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of motor vehicles. 4. Police authority means the Iowa state patrol or any law enforcement agency of a county or city AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES. A police authority, upon the authority s own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody any abandoned vehicle on private property. The police authority may employ its own personnel, equipment, and facilities or

12 CHAPTER 80 ABANDONED VEHICLES hire a private entity, equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles. A property owner or other person in control of private property may employ a private entity which is a garage keeper to dispose of an abandoned vehicle, and the private entity may take into custody the abandoned vehicle without a police authority s initiative. If a police authority employs a private entity to dispose of abandoned vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle or the personal property found in the vehicle. (Code of Iowa, Sec [2]) NOTICE BY MAIL. The police authority or private entity that takes into custody an abandoned vehicle shall notify, within twenty (20) days, by certified mail, the last known registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to the parties last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall describe the year, make, model and vehicle identification number of the vehicle, describe the personal property found in the vehicle, set forth the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within ten (10) days after the effective date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice. The notice shall also state that the failure of the owner, lienholders or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner, lienholders and claimants of all right, title, claim and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. If the abandoned vehicle was taken into custody by a private entity without a police authority s initiative, the notice shall state that the private entity may claim a garage keeper s lien as described in Section of the Code of Iowa, and may proceed to sell or dispose of the vehicle. If the abandoned vehicle was taken into custody by a police authority or by a private entity hired by a police authority, the notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters. If the persons receiving notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the ten-day reclaiming period, the owner, lienholders or claimants shall no longer have any right, title, claim, or interest in or to the vehicle or the personal property. A court in any case in law or equity shall not recognize any right, title, claim, or interest of the owner, lienholders or claimants after the expiration of the ten-day reclaiming period. (Code of Iowa, Sec [3a]) NOTIFICATION IN NEWSPAPER. If it is impossible to determine with reasonable certainty the identity and addresses of the last registered owner and all lienholders, notice by one publication in one newspaper of general circulation in the area where the vehicle was abandoned shall be sufficient to meet all requirements of notice under Section The published notice may contain multiple listings of abandoned vehicles and personal property but shall be published within the same time requirements and contain the same information as prescribed for mailed notice in Section (Code of Iowa, Sec [3b])

13 CHAPTER 80 ABANDONED VEHICLES FEES FOR IMPOUNDMENT. The owner, lienholder, or claimant shall pay all towing and storage fees as established by the storage facility, whereupon the vehicle shall be released. (Code of Iowa, Sec [3a]) DISPOSAL OF ABANDONED VEHICLES. If an abandoned vehicle has not been reclaimed as provided herein, the police authority or private entity shall make a determination as to whether or not the motor vehicle should be sold for use upon the highways, and shall dispose of the motor vehicle in accordance with State law. (Code of Iowa, Sec [4]) DISPOSAL OF TOTALLY INOPERABLE VEHICLES. The City or any person upon whose property or in whose possession is found any abandoned motor vehicle, or any person being the owner of a motor vehicle whose title certificate is faulty, lost or destroyed, may dispose of such motor vehicle to a demolisher for junk, without a title and without notification procedures, if such motor vehicle lacks an engine or two or more wheels or other structural part which renders the vehicle totally inoperable. The police authority shall give the applicant a certificate of authority. The applicant shall then apply to the County Treasurer for a junking certificate and shall surrender the certificate of authority in lieu of the certificate of title. (Code of Iowa, Sec [2e]) PROCEEDS FROM SALES. Proceeds from the sale of any abandoned vehicle shall be applied to the expense of auction, cost of towing, preserving, storing, and notification required, in accordance with State law. Any balance shall be held for the owner of the motor vehicle or entitled lienholder for ninety (90) days, and then shall be deposited in the State Road Use Tax Fund. Where the sale of any vehicle fails to realize the amount necessary to meet costs the police authority shall apply for reimbursement from the Department of Transportation. (Code of Iowa, Sec [4]) DUTIES OF DEMOLISHER. Any demolisher who purchases or otherwise acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, dismantle, or otherwise demolish such motor vehicle. A demolisher shall not junk, scrap, wreck, dismantle, or demolish a vehicle until the demolisher has obtained the junking certificate issued for the vehicle. (Code of Iowa, Sec [3a])

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15 CHAPTER 81 RAILROAD REGULATIONS CHAPTER 81 RAILROAD REGULATIONS Definitions Crossing Maintenance Warning Signals Limitation of Standing Railroad Trains or Cars Obstructing Streets DEFINITIONS. For use in this chapter, the following terms are defined: 1. Operator means any individual, partnership, corporation or other association which owns, operates, drives, or controls a railroad train. 2. Railroad train means any steam electric, or other motor-driven engine and the cars, if any, coupled to the engine operated on rails, but does not include interurbans and streetcars. (Code of Iowa, Sec ) WARNING SIGNALS. Operators shall sound a horn at least 1,000 feet before a street crossing is reached and after sounding the horn, shall ring the bell continuously until the crossing is passed. Operators shall also sound a whistle at least 100 feet before reaching every intersection of the track and street, sidewalk, alley, or similar public crossing within the City limits. (Code of Iowa, Sec. 327G.13) OBSTRUCTING STREETS. Operators shall not operate any train in such a manner as to prevent vehicular use of any highway, street, or alley for a period of time in excess of ten minutes except: (Code of Iowa, Sec. 327G.32) 1. Comply with Signals. When necessary to comply with signals affecting the safety of the movement of trains. 2. Avoid Striking. When necessary to avoid striking any object or person on the track. 3. Disabled. When the train is disabled. 4. Safety Regulations. When necessary to comply with governmental safety regulations including, but not limited to, speed ordinances and speed regulations. An employee is not guilty of a violation of this section if the employee s action was necessary to comply with the direct order or instructions of a railroad corporation or its supervisors. Guilt is then with the railroad corporation CROSSING MAINTENANCE. Operators shall construct and maintain good, sufficient, and safe crossings over any street traversed by their rails. (Bourett vs. Chicago & N.W. Ry. 152 Iowa 579, 132 N.W. 973 [1943]) (Code of Iowa, Sec )

16 CHAPTER 81 RAILROAD REGULATIONS LIMITATION OF STANDING RAILROAD TRAINS OR CARS. It is unlawful for any directing officer or the operator of any railroad train to direct the operation of or to operate the same in such a manner as to leave any railroad train or cars thereof standing or parked at any railroad street crossing closer than 50 feet from the boundary line of such street. [The next page is 431]