H-2 - Ordinance 2022-497 - Ordinance Amending Chapter 75, All-Terrain Vehicles, Off-Road

streets as may be designated by resolution of the Council for driving an ATV or Off-road utility vehicle. In designating such streets, the Council may authorize ATVs and Off-road utility vehicles to stop at service stations or convenience stores along a designated street. (Code of Iowa, Sec. 321I.10[1 & 3]) 2. Trails. ATVs and Off-road utility vehicles shall not be operated on snowmobile trails except where designated. (Code of Iowa, Sec. 321I.10[4]) 3. Railroad Right-of-way. ATVs and Off-road utility vehicles shall not be operated on an operating railroad right-of-way. An ATV or an 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. (Code of Iowa, Sec. 321I.14[1h]) 4. 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. 5. 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.” 75.06 HOURS OF OPERATION. No ATV, Off-road utility vehicle, or snowmobile shall be operated in the City between the hours of 10:00 p.m. and 4:00 a.m. except for authorized emergency vehicles as part of an emergency situation. 75.07 NEGLIGENCE. The owner and operator of an ATV, Off-road utility vehicle, or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV, Off-road utility vehicle, or snowmobile. The owner of an ATV, Off-road utility vehicle, or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV, Off-road utility vehicle, or snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV, Off-road utility vehicle, or snowmobile at the time the injury or damage occurred. (Code of Iowa, Sec. 321G.18 & 321I.19) 75.08 ACCIDENT REPORTS. Whenever an ATV, Off-road utility vehicle, or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand five hundred dollars ($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. (Code of Iowa, Sec. 321G.10 & 321I.11) Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication