Lansing Ordinances

Posted: January 3, 2022 at 9:09 AM

ORDINANCE NO. 197

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LANSING, IOWA, BY ADDING A CHAPTER PERMITTING THE OPERATION OF ALL-TERRAIN VEHICLES AND OFF-ROAD UTILITY VEHICLES ON CITY STREETS AND OTHER PUBLIC AREAS AND REGULATING THEIR USE

Be it ordained by the Council of the City of Lansing, Iowa:

Section 1. The Code of Ordinances of the City of Lansing, Iowa, is hereby amended by adding the following new Chapter 73:

CHAPTER 73 ALL-TERRAIN VEHICLES AND OFF-ROAD UTILITY VEHICLES

73.01 PURPOSE. The purpose of this chapter is to permit the operation of all-terrain vehicles and off-road utility vehicles on certain streets and alleys in the City, as authorized by Iowa Code Section 321.247, as amended, and regulating their use. This chapter applies whenever an all-terrain vehicle or off-road utility vehicle is operated on any street or alley or on any other public or private property, Subject to the restrictions stated herein.

73.02 DEFINITIONS. For purposes of 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 cubic centimeters and in total dry weight of not more than 1,000 pounds and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control.
  2. “Off-Road Utility Vehicle” or “UTV” 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 1,500 cubic centimeters and in total dry weight of not more than 1,900 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.
  3. “Golf Cart” is defined as a three of four wheeled recreational vehicle generally used for the transportation of person(s) in the sport of golf.
  4. “Street” means only that portion of the street between the curbs or, in the absence of curbs, only the traveled portion of the street.

73.03 TRAFFIC CODE APPLIES. Except as modified by this chapter, every person operating an ATV or UTV upon a street or alley shall be granted all of the rights and privileges and shall be subject to all the duties and obligations applicable to the driver of a vehicle, including the financial responsibility provisions of Iowa Code Chapter 321A, and to the laws of the State declaring the rules of the road applicable to the driver of the vehicle, except as to those provisions which by their nature can have no application.

73.04 RIDING ON ATVS AND UTVS. A person operating an ATV or UTV shall not ride other than on a permanent seat regularly attached thereto. All occupants must be in a seated position at all times with no more passengers than the seat(s) are designed to accommodate. No one may be standing on the vehicle or sitting on another passenger while the vehicle is in operation. The operator and all passengers of a UTV shall wear the seatbelt or harness as so equipped by the manufacturer.

73.05  OPERATORS PERMITTED: ATV’s and UTV’s may be operated upon the streets of the City by persons who are at least sixteen (16) years of age and who are legally licensed to drive in the State of Iowa.

73,06 OPERATING AREAS.

  1. ATVs and UTV’s shall not be operated in any public park, cemetery or other public grounds or on any public sidewalk (with the exception of performing utility work such as plowing snow). ATV’s and UTV’s may operate in Mt. Hosmer only with special ride event permits.
  2. No Golf Carts shall operate on City streets at any time.
  3. ATVs and UTVs shall not be operated upon any City street which is a primary road extension (e.g. S. Front Street) except for crossing primary road extensions at locations hereafter provided. Iowa Highways 9 and 26 and Allamakee County X52 are hereby designated as primary road extensions in the City and no ATV’s or UTV’s may travel on these roadways. ATV’s and UTV’s may only cross Highway 9 (Main Street) at 6th Street
    These are the streets that ATV’s and UTV’s will be allowed to operate on:

    • Entering town from the South on Cty X52 or South Road:
      Wall Street from Front Street to Pearl Street
      Pearl Street from Wall Street to Walnut Street
      S. 2nd Street between Walnut Street and Valley Street.
      Valley Street from S. 2nd to South Road.
      S. 4th Street from Valley Street to Center Street
      Center Street from S. 3rd Street to S. 6th Street
      John Street from 3rd Street to Front Street (for access to City Parking Lot)
      S. 3rd Street from Center Street to Main Street (Hwy 9)
    • Entering town from the North on Whitetail Drive:
      Bench Street from City Limit to 7th Street
      North Street from N. 7th Street to N. 6th Street.
      North Street from N. 7th Street to Expresso Convenience Store
      6th Street from Mt. Hosmer Drive to Center Street
    • Local residents may operate on city streets not listed above only so far as to reach the permissible route in the most direct way, but travel on Main Street / State Highway 9 is not allowed in this exception.

73.07 PRIMARY ROAD EXTENSION CROSSINGS. The crossing of primary road extensions shall be made in compliance with the following requirements:

  1. The crossing is made at an angle of approximately ninety degrees to the direction of the street or alley or highway and at a place where no obstruction prevents a quick and Safe crossing; and
  2. The ATV or UTV is brought to a complete stop before crossing the street or alley or highway; and
  3. The operator yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.

73.08 OTHER REQUIREMENTS AND RESTRICTIONS. A person shall not drive or operate an ATV or UTV on a public street or alley:

  1. Unless the person has a valid driver’s license and valid proof of insurance in compliance with Iowa Code Chapter 321A.
  2. Unless the ATV or UTV is registered with the Iowa Department of Natural Resources and properly displays a registration decal.
  3. In a careless, reckless or negligent manner so as to endanger the person or property of another or cause injury or damage thereto.
  4. Between Sunset and sunrise as established by the National Weather Service.
  5. At a speed in excess of the officially posted speed limit and not to exceed 25 miles per hour in any circumstance.

73.09 VIOLATIONS. The operation of an ATV or UTV in violation of any of the provisions of this chapter may be charged either against the operator of the ATV or UTV or against the owner if the ATV or UTV is operated with the consent of the owner. In the case of violations by the operator of a ATV or UTV operating with the consent of the owner, the violation shall be charged against the owner as a municipal infraction or a misdemeanor and the following civil penalty shall be applicable:

  1. In the case of a first violation – $100.00.
  2. For the second violation within one calendar year – $200.00.
  3. In the event of a third violation within one calendar year – $300.00.

Section 2. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Section 3. 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. This ordinance shall be in effect after its final passage, approval and publication as provided by law.

First Reading and second reading: Waived

Final Reading and Passage:

  • Motion: Shepard
  • Second: Manning
  • Ayes: Manning, Volker, and Shepard
  • Nays: ReVoir

Second and third Reading:

  • Waived
  • Ayes: Manning, Volker, and Shepard
  • Nays: ReVoir
  • Passed and adopted by the Council on the 1st day of July, 2019, and approved by the Mayor on this day of 2019.

Mayor

ATTEST:

City Clerk

CLERKS PUBLICATION CERTIFICATION

The undersigned Clerk of the City of Lansing, Iowa, hereby certifies that he caused the above Ordinance No. to be published by The Standard on the 10th day of July, 2019, a newspaper having general circulation in the City of Lansing

Katie Becker, City Clerk