Government : City Proposes Change in Utility Vehicle Ordinance

The following ordinance will be read two more times before approval by the City Council. The ordinance would allow recreational Utility Vehicles to operate more freely in the city limits.

Please note that the vehicles are NOT allowed on certain sections of state highway that runs through Vinton...C Ave. and certain sections of 3rd St. as well as the one block coming in off of the bridge.

This ordinance will allow the operation of these vehicles after inspection and a permit is obtained annually. The vehicles must also be insured.

Changes in the ordinance will allow the vehicles to be operated after dark with properly installed lighting,

The complete ordinance and laws relating to the operation of these vehicles are listed below.

ORDINANCE

AN ORDINANCE AMENDING PROVISIONS REGULATING THE OPERATION OF UTILITY VEHICLES TO THE MUNICIPAL CODE OF VINTON, IOWA

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VINTON, IOWA, THAT:

SECTION 1:

CHAPTER 75A

UTILITY VEHICLES

77.01 Purpose

77.02 Definitions

77.03 Manner of Operation - General Requirements

77.04 Observation of Traffic Regulations Mandatory

77.05 Permit Required

77.06 Proof of Liability Insurance

77.07 Standard Equipment Regulations

77.08 Operation Regulations

77.09 Times of Operation Limited

77.10 Sidewalks and Adjacent Areas

77.11 Streets Upon Which Utility Vehicles May Be Operated

77.12 Careless Operation Unlawful

77.13 Operating Under The Influence

77.14 Towing

77.15 Trespassing on Private Property

77.01 PURPOSE. The purpose of Chapter 75A is to regulate and authorize the operation of Utility Vehicles (UTVs) on certain city streets within the City of Vinton as authorized and pursuant to Section 321.234A and Chapter 321I of the Code of Iowa.

77.02 DEFINITIONS. For use in this chapter the following terms are defined:

1. "Utility Vehicle" a recreational used for transportation persons which is either electric or gas powered and meets the American National Standard ANSI/OPEI B71.9-2016. For the purposes of this section a Utility Vehicle shall not include any vehicle that is a utility vehicle as that term is defined in Chapter 78 of this Code of Ordinances.

2. "Operate" means to ride in or on, other than as a passenger, use or control the operation of the utility vehicle in any manner, whether or not the utility vehicle is moving.

3. "Child" means a person under the age of 18 years old.

4. "Operator" means a person with a valid driver's license who has attained the age of 18 years and who operates or is in actual physical control of the utility vehicle.

5. "Roadway" means the portion of a highway improved, designed or ordinarily used for vehicle travel.

6. "Street or highway" means the entire width between the lines of every right-of-way or place of whatever nature, when any part thereof is open to the public for use as a matter of right, for the purpose of vehicular travel.

77.03 MANNER OF OPERATION - GENERAL REQUIREMENTS. No person shall operate a Utility Vehicle except as hereinafter provided.

77.04 OBSERVATION OF TRAFFIC REGULATIONS MANDATORY. Utility Vehicles operators shall observe all State and Local traffic control regulations and devices.

77.05 PERMIT REQUIRED. A person desiring to operate a utility vehicle in the City of Vinton, Iowa, pursuant to the conditions of this section shall first obtain, via an application submitted at the City Clerk's Office, a permit to allow such operation. The unit will be inspected annually by the Vinton Police Department for operational safety. The fee for the permit shall be $25.00 and shall be issued by the City Administrator or the Chief of Police, provided the applicant satisfies the applicable conditions of this section and such other requirements as said City officials and/or the City Council may from time to time reasonably impose. A copy of the permit shall be carried by the operator named in the permit while operating a utility vehicle. A permit may be issued for any or all of the following purposes:

A. Going to and from places of employment;

B. Going to and from personal or business properties;

C. Gardening/lawn work;

D. Individuals having handicapped parking privileges authorized by the Iowa Department of Transportation (DOT); and

E. Special events authorized by the City Council.

The permit is good for one calendar year within which it is issued and shall be renewed annually. The date of renewal will be January 1 of every year. The period will end on December 31 of every year.

The annual renewal will include a sticker that will be placed on the rear of the utility vehicle in a conspicuous location.

77.06 PROOF OF LIABILITY INSURANCE. As part of the permit process, the owner of the utility vehicle must maintain and provide current proof of financial responsibility in accordance with section 321.20B of the Iowa Code. The owner and operator of a utility vehicle are liable for any injury or damage occasioned by the negligent operation of that utility vehicle. The proof of insurance must be with the utility vehicle whenever said utility vehicle is in operation.

77.07 STANDARD EQUIPMENT REGULATIONS. All Utility Vehicles shall be equipped with the following:

1. Adequate brakes.

2. Factory installed seat belts.

3. Any other safety equipment such as headlights which may be required for Utility Vehicles by Chapter 321.234A and 321.I10 of the Code of Iowa.

77.08 OPERATION REGULATIONS. The following regulations apply to the operation of a Utility Vehicle within the City of Vinton.

1. Any operator of a utility vehicle must have a valid driver's license.

2. All riders in the utility vehicle must remain seated at all times.

3. At no time shall the driver of a utility vehicle hold any additional passenger(s) on their lap or between their legs.

4. No more than the number of people allowed per the manufacturer's specifications will be allowed to ride in the front seat or back seat of a utility vehicle, if said seat exists. While in operation any rider must be seated on the seat and no part of the body of any rider will extend beyond the sides of the utility vehicle.

77.09 TIMES OF OPERATION. Utility Vehicles may be operated on City streets during the following times:

1. There will be no restrictions on the operation times of these vehicles.

77.10 SIDEWALKS AND ADJACENT AREAS. For use in this chapter the following terms are defined:

1. No Utility Vehicles shall be operated upon the public sidewalk, nor shall they be operated upon the portion of the street located between the curb line and sidewalk or property line, referred to as the "parking" except for the purpose of crossing the same to a public street upon which operation is authorized by this chapter.

77.11 STREETS UPON WHICH UTILITY VEHICLES MAY BE OPERATED. A Utility Vehicle shall not be operated upon a City Street;

1. Which is a primary road extension (this prohibition shall include Highway 218 and Highway 150) through the City, but shall be allowed to directly cross a City Street that is a primary road extension though the City.

77.12 CARELESS OPERATION UNLAWFUL. No person shall operate a utility vehicle in a careless, reckless or negligent manner, cause unnecessary tire squealing or skidding, simulate a temporary race, cause a wheel to unnecessarily lose contact with the ground, cause the utility vehicle to unnecessarily turn abruptly or sway, so as to endanger the person or property of another or to cause injury or damage thereto.

77.13 OPERATING UNDER THE INFLUENCE. No person shall operate a utility vehicle while under the influence of intoxicating liquor or narcotics or habit forming drugs.

77.14 TOWING. No item shall be towed by a utility vehicle, unless the vehicle manufacturer specifications allow for towing.

77.15 TRESPASSING ON PRIVATE PROPERTY. No utility vehicle shall be operated upon private property without the express consent of the owner thereof.

SECTION 2 REPEALER: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 3 SEVERABILITY: If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 4 EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law.

PASSED AND APPROVED this day of, 2020.

Max Maynard Jr., Mayor

ATTEST:

Melissa Schwan, City Clerk