All-Terrain Vehicle OrdinancePrepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 39-09
AMENDING THE CITY FO DUBUQUE CODE OF ORDINANCES SECTION 32-
321.1 DEFINITIONS BY AMENDING THE DEFINITION OF ALL-TERRAIN
VEHICLE AND AMENDING SECTION 32-321.234a ALL-TERRAIN VEHICLES
ESTABLISHING REGULATIONS FOR ALL-TERRAIN VEHICLES ON PUBLIC
ROADWAYS, PRIVATE PROPERTY, AND RIGHT-OF-WAY, ENUMERATING
EXCEPTIONS FOR WHEELCHAIRS, PERMITTED EVENTS, EMERGENCY
RESCUE OPERATIONS, AND ESTABLISHING THE PENALTY FOR
VIOALTION THEREOF.
Section 1. Section 32-321.1 of the City of Dubuque Code of Ordinances is
amended to read as follows:
Sec. 32-321.1. Definitions.
All-terrain vehicle means a motor vehicle designed to travel on two (2) or more
wheels and designed primarily for off-road use, but not including farm tractors,
construction equipment, forestry vehicles, or lawn and grounds maintenance
vehicles when used for farming, construction, commercial deliveries, forestry,
lawn and grounds maintenance, or towing for utility as opposed to recreational
uses.
Section 2. Section 32-321.234A of the City of Dubuque Code of
Ordinances is amended to read as follows:
Sec. 32-321.234A. All Terrain Vehicles.
1. Roadway Use.
a. All-terrain vehicles shall not be operated on a roadway unless one
or more of the following conditions apply:
(1) The all-terrain vehicle is operated between sunrise and
sunset and is incidental to the vehicle's use for agricultural
purposes.
(2) The all-terrain vehicle's operation is incidental to the
vehicle's use for the purpose of surveying by a licensed engineer or
land surveyor.
(3) The all-terrain vehicle is operated by an employee or agent
of a political subdivision or public utility for the purpose of
construction or maintenance on or adjacent to the highway.
b. A person operating an all-terrain vehicle on a roadway shall have a
valid operator's license.
c. The all-terrain vehicle shall be operated at speeds of thirty (30)
miles per hour or less.
d. When operated on a roadway, an all-terrain vehicle shall have a
bicycle safety flag which extends not less than five (5) feet above the
ground attached to the rear of the vehicle. The bicycle safety flag shall be
triangular in shape with an area of not less than thirty (30) square inches,
be day glow in color, and shall be in lieu of the reflective equipment
required by Section 32-321.383 of the Code of Iowa.
2. Private Property.
a. All-terrain vehicles shall not be operated on private or public
property unless the following conditions apply:
(1) The operation is between sunrise and sunset.
(2) The property is not less than one (1) acre in size.
(3) The property is zoned Agricultural (AG) or is zoned Planned
Urban Development (PUD) and used for agricultural purposes.
(4) If the operator of the all-terrain vehicle is not the property
owner, the operator must have the written permission of the
property owner.
(5) The all-terrain vehicle shall be operated at speeds of thirty
(30) miles per hour or less.
b. The provisions of 32-321.234A(2)(a) shall not apply to zoned
Institutional Districts (ID).
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: All-Terrain Vehicle Ordinance
DATE: July 30, 2009
Dubuque
an.~~~~
a~r.~
2007
Assistant City Attorney Crenna Brumwell recommends City Council approval of
amendments to the City's provisions on all-terrain vehicles (ATVs).
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~; r , ~ 1 .
Michael C. Van Milligen ~ -~-~ t
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Terry Tobin, Acting Chief of Police
Russ Stecklein, Police Captain
THE CITY OF -~~
DUB ~ E MEMORANDUM
Masterpiece on the Mississippi
CRENNA M. BRUMWELL, ESQ.
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: July 30, 2009
RE: All-Terrain Vehicle Ordinance
This purpose of this memorandum is to propose amendments to the City's provisions on
all-terrain vehicles (ATVs).
First, I am proposing an amendment to the definition of all-terrain vehicles in Section 32-
321-1. The amendment, in conjunction with the changes proposed to Section 32-
321.234A, will allow ATVs to be used for yard work, landscaping, construction,
commercial deliveries, towing for utility purposes, and snow removal, yet limit their
recreational use.
Second, in Section 32-321.234A of the Code of Ordinances, the changes relate to
operation of ATVs on the roadway, in the right-of-way, and on private property. The
amendments will exempt wheelchairs, ANs used during a permitted event such as a
parade, and when used by emergency response personnel. A fine provision is also
established.
Thank you.
Attachment
cc: Jeanne Schneider, City Clerk
Laura Carstens, Planning Services Manager
Terry Tobin, Acting Chief of Police
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 /FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
3. Right-of-Way.
All-terrain vehicles shall not be operated on land adjacent to a highway, other
than an interstate road, unless the following provisions apply:
a. The operator of the all-terrain vehicle is the property owner or a
member of the owner's family.
b. The all-terrain vehicle is operated on the portion of the highway
right-of-way that is between the shoulder of the roadway, or at least five
(5) feet from the edge of the roadway and the owner's property line.
c. A person operating an all-terrain vehicle within the highway right-of-
way under this Subsection shall comply with the registration, safety, and
age requirements under Iowa Code, Chapter 3211.
4. The provisions of this Section shall not apply to use of a wheelchair or
other similar conveyance when used for transportation by any temporarily or
permanently disabled person.
5. The provisions of this Section shall not apply to the above proscribed
conveyances when used in any parade, exhibition, or gathering of persons which
has been authorized by permit from the City Manager.
6. The provisions of this Section shall not apply to all-terrain vehicles
operated by an employee or agent of a public agency for the purpose of
providing emergency services or rescue.
7. A person convicted of a violation of this Section is guilty of a simple
misdemeanor punishable as a scheduled violation under Iowa Code Section
805.8A.
Section 3. This Ordinance shall take effect on publication.
Passed, approved and adopted the 3~d day o~ August, 2009.
~n ~ 4
4
Roy D.ol, Mayor
Attest:
~~=
eanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Sec. 32-321.1. Definitions.
All-terrain vehicle means a motor vehicle designed to travel on two t#~ee-(~~ or
more wheels and designed primarily for off-road use, but not including farm
tractors, construction equipment, forestry vehicles, or lawn and grounds
maintenance vehicles when used for farming, construction, commercial
deliveries, forestry, lawn and grounds maintenance, or towing for utility as
opposed to recreational uses.
Sec. 32-321.234A. All Terrain Vehicles - u'^"~•~°~~ "~°
1. Roadway Use.
a. All-terrain vehicles shall not be operated on a roadway unless ones- - - Formatted: Indent: Lek: 0.5"
or more of the following conditions apply:
(1) The all-terrain vehicle is operated ~Rly-between sunrise ands- - - Formatted: Indent: Lek: 1"
sunset and is incidental to
the vehicle's use for agricultural purposes.
•- - - Formatted: Indent: Lek: 0.5"
(2) The all-terrain vehicle's operation is incidental to the'- - - Formatted: Indent: Lek: 1"
vehicle's use for the purpose of surveying by a licensed engineer or
land surveyor.
~- - - Formatted: Indent: Left: 0.5"
13) The all-terrain vehicle is operated by an emolovee or agent'- - - Formatted: Indent: Left: 1"
of a political subdivision or public utility for the purpose of
construction or maintenance on or adjacent to the highway.
• - - - Formatted: Indent: Left: 0.5"
b. A person operating an all-terrain vehicle on a roadway shall have a
valid operator's license_
c. The all-terrain °~-tr",~vehicle shall be operated at speeds of less
tl~thirty (30) miles per hour or less.
d. When operated on a roadway, an all-terrain vehicle shall have a
bicycle safety flag which extends not less than five (5) feet above the
ground attached to the rear of the vehicle. The bicycle safety flag shall be
triangular in shape with an area of not less than thirty (30) square inches,
be day_glow in color, and shall be in lieu of the reflective equipment
required by Section 32-321.383 of the Code of Iowa.
2. Private Property.
a. All-terrain vehicles shall not be operated on private or public- - - Formatted: Indent: Lett: o.s"
property unless the following conditions apply:
•- - - Formatted: Indent: Left: 0.75"
(1) The operation is between sunrise and sunset. •- - - Formatted: Indent: Left: o.s^, First line: 0.5"
`- - ' Formatted: Indent: Left: 0.75"
(2) The property is not less than one (1 ) acre in size. '- - - Formatted: Indent: Left: o.s°, First line: 0.5"
(3)
The property is zoned Agricultural ( r__
.__
AG) or is zoned Planned
-
Formatted: Indent: Left: 0.75"
Urban Development (PUD) and used for a gricultural purposes. Formatted: Indent: Left: I"
(4) If the operator of the all-terrain vehicle is not the property
owner, the operator must have the written permission of the
property owner.
•- - - Formatted: Indent: Left: 0.75"
(5) The all-terrain vehicle shall be operated at speeds of thirty'--- Formatted: Indent: Left: 1"
(30) miles per hour or less.
b. The provisions of 32-321.234A(2)(a) shall not apply to zoned'- - - Formatted: Indent: Left: 0.5"
Institutional Districts (ID).
3. Right-of-Wa rL.
All-terrain vehicles shall not be operated on land adjacent to a highwav other
than an interstate road, unless the following provisions apply:
a. The operator of the all-terrain vehicle is the property owner or a•--- Formatted: Indent: Left: 0.5"
member of the owner's family.
b. The all-terrain vehicle is operated on the portion of the highways- - - Formatted: Indent: Left: 0.5"
right-of-way that is between the shoulder of the roadway or at least five
~) feet from the edge of the roadway and the owner's property line.
c. A person operating an all-terrain vehicle within the highwav right-of-•- - - Formatted: Indent: Left: o.s"
way under this Subsection shall comply with the registration safety and
ape requirements under Iowa Code, Chapter 3211.
4. The provisions of this Section shall not apply to use of a wheelchair or
other similar conveyance when used for transportation by any temporarily or
permanently disabled person.
5. The provisions of this Section shall not apply to the above proscribed
conveyances when used in any parade exhibition or gathering of persons which
has been authorized by permit from the City Manager.
6. The provisions of this Section shall not apply to all-terrain vehicles
operated by an employee or agent of a public agency for the purpose of
providing emergency services or rescue.
•- - - Formatted: No bullets or numbering
7. A person convicted of a violation of this Section is guilty of a simple
misdemeanor punishable as a scheduled violation under Iowa Code Section
805.8A.
Page 1 of 2
Jeanne Schneider -Jack Nachtman Online Form Submittal
From: Mike Van Milligen
To: Schneider, Jeanne
Date: 07/29/2009 4:13 PM
Subject: Jack Nachtman Online Form Submittal
»> <support@civicplus.com> 7/28/2009 4:34 PM »>
The following form was submitted via your website: Contact Us
Your Name:: Jack Nachtman, Manager
Your Address:: Mt. Calvary Cemetery Assn.
1111 Davis St.
Dubuque IA 52001
Your Phone Number:: 563-583-4329
Your Email Address:: mccemetary@gwestoffice.net
City Department:: City Council
If "other," please provide the name of the department you wish to contact::
Message: Type your message in the text box:: To: The Honorable Mayor and City Council
Members
Subject: Restriction of ATV Use
As Manager of the Mt. Calvary Cemetery property I would urge you to pass the amendment
to Section 32.4 to regulate the use of ATVs. This has been a major problem for the Cemetery
due to unauthorized use of ATVs on Cemetery property by adjoining property owners
including the residents of 2410 Roosevelt Rd. This activity has caused damage to our
frontage along Roosevelt, damaged vegetation in the wooded areas of our property and
caused deep ruts promoting erosion. It is difficult for us to control this activity because it
always occurs after our regularly staffed hours. Other area land owners in the area have
complained about the noise caused by this unauthorized activity on our property. If any
council members are interested in viewing the property damage this activity can cause, I'd be
happy to show them areas of our property that have been impacted. Thank you in advance
for your consideration.
Sincerely,
Jack Nachtman, Manager, Mt. Calvary Cemetery
Attachment (optional):: No file was uploaded
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Page 2 of 2
Additional Information:
Form submitted on: 7/28/2009 4:34:52 PM
Submitted from IP Address: 71.217.235.194
Form Address: http://www.cityofdubuque org/forms aspx~FID=41
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