ORDINANCE NO. 263

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DAYTON, IOWA, 2013, BY AMENDING SECTIONS REGARDING OFF ROAD VEHICLES.

BE IT ENACTED by the City Council of the City of Dayton, Iowa:

SECTION 1. Title 3, Chapter 3, Section 62 and Title 3, Chapter 3, Section 63 are repealed and the following adopted in lieu thereof:

3-3-62 DEFINITIONS

  1. All-terrain Vehicles (ATV) means a motor vehicle designed to travel on three or more wheels and designed primarily for off-road recreational use. “All-terrain vehicles” include off-road utility vehicles as defined in Iowa Code section 321l.1, but does not include farm tractors or equipment, forestry vehicles, or lawn and grounds maintenance equipment.
  1. Roadway as defined by Iowa Code section 321l.1 means that portion of a highway improved, designed, or ordinarily used for vehicular traffic.

3-3-63 OPERATION OF OFF-ROAD VEHICLES. The operation of ATV or off-road motorcycles shall comply with the following restrictions:

  1. Streets. Only on such roadways as may be designated by the City Council. ATVs are to be operated upon the route only. Should a person reside on a roadway that is not an approved roadway for ATV use, said person may operate an ATV on the roadway for a reasonable distance, taking the most direct route to the nearest approved roadway.

The roadways designated for ATV operation are:

  1. 5th Street NE from 6th Avenue NE to 1st Avenue NE
  2. 1st Avenue NE from the alley between Main Street and 1st Street NE to 5th Street NE
  3. 1st Street NE from 1st Avenue NE to 4th Avenue NE
  4. 4th Avenue NE from 1st Street NE to North Main Street
  5. 4th Avenue NW from North Main Street to 3rd Street NW
  6. Alley between Main Street and 1st Street NE from 1st Avenue NE to 1st Avenue SE
  7. 1st Avenue SW from the west City limits to South Main Street
  8. 1st Avenue SE from South Main Street to the alley between South Main Street and 1st Street SE
  9. 1st Street SW from 1st Avenue SW to 3rd Avenue SW
  10. 3rd Avenue SW from 1st Street SW to South Main Street
  11. 4th Avenue SE from South Main Street to the east City limits
  1. Prohibited Operation. A person shall not operate an all-terrain vehicle and/or off-road motorcycle under any of the following conditions:

A. Shall not be operated on sidewalks, railroad right-of-way, parks, or other public land.

B.Without the operator possessing a valid driver’s license.

C.At a rate of speed greater than the posted speed limit or greater than reasonable and/or proper under existing circumstances.

D.In a careless, reckless, or negligent manner so as to:

  1. Endanger any person.
  2. Cause injury or damage to any person or property.
  3. Create unnecessary skidding, sliding, squealing, or cause any wheel or wheels to unnecessarily lose contact with the ground or roadway.

E. Without a lighted headlamp and tail lamp.

F.On public land, ice, or snow in violation of official signs prohibiting such operation

G.In any park, wildlife area, preserve, refuge, or game management area

H.With more persons on the vehicle that it was designed to carry

I.On any riding area or trail, unless the trail is designated by sign as open to all-terrain and off-road utility vehicle operations.

3. Hours of Operation. Shall only be operated between sunrise and sunset.

4. Compliance with State Code. All operation shall comply with Iowa Code Chapter 321l and/or 321.234A

5. Identification Plate. Individuals operating upon any city roadway in Dayton shall have affixed an identification plate to the rear of the vehicle so that the plate is clearly visible. The identification plate shall be the plate issued by the Office of the Webster County Recorder.

SECTION 2. SEVERABILITY CLAUSE. 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 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

Passed by the Council the___ day of ______, 2014, and approved this ____day of ______, 2014.

______

Mayor Richard Travis

ATTEST: ______

Randy Danielson

City Clerk

I certify that the foregoing was published as Ordinance No. 263 on the ____day of ______, 2014.

Randy Danielson, City Clerk