Special ATV Ordinance Work Session to Be Held Friday

IRONWOOD, MI - Monday, July 19, 2010 - The Ironwood City Commission will be holding a Special Work Session on Friday, July 23, 2010, at 4:30 PM to discuss a proposed Ordinance on ATV use within the City or Ironwood. The work session will take place in the Womens Club Room on the second floor of the Memorial Building, 213 South Marquette Street, in Downtown Ironwood.

Back on August 21, 2009, the Chronicle featured an article entitled How Other Communities Are Dealing with ATVs. The entire article follows:

Recently there's been discussion at City Commission meetings considering the possibility of allowing ATV's on City streets. The Chronicle has done some investigation to see how other cities throughout the country have handled legalization of ATV's on city streets, and other issues related to ATV traffic within city limits.

Allen City, Utah passed an ATV ordinance back in December of last year. The ordinance allows both Type I ATV's (All Terrain Vehicles which are motor propelled Off Highway Vehicles designed with a seat to be straddled by the operator) and Type II ATVs (All Terrain Vehicles which are motor propelled Off Highway Vehicles designed to have side by side seating {also known as “mini trucks” or “side by sides”} to be legally driven on the streets provided they meet ALL the “street legal” section of the Utah State Statute.

According to their ordinance, to be a “street legal ATV”, either Type I or Type II, the following must be met: The operator must meet the same requirements as a motorcycle in that:

The vehicle must be driven so as to follow all traffic rules;

  • The operator must be at least 16 years of age AND possess a valid Driver’s License;
  • The vehicle must be legally registered AND possess a State issued license plate;
  • The owner must pay fees in lieu of property taxes;
  • The vehicle must pass vehicle emissions inspection.

The vehicle must meet the following requirements as a motor vehicle, in that:

  • The vehicle must be covered by motor vehicle insurance AND proof thereof must be carried in/on the vehicle;
  • The vehicle must pass a safety inspection.

To be a “street legal ATV” the following equipment is required:

  • Headlamps;
  • One or more tail lamp;
  • Light illuminating the license plate;
  • Red reflectors to the rear;
  • Stop lamps on the rear;
  • Amber electric turn signals front and rear;
  • A breaking system, other than a parking break;
  • A horn or other warning device;
  • A muffler and emissions control system;
  • Rear view mirrors on both sides of the vehicle;
  • A windshield, or eye protection for the driver;
  • An illuminated speedometer;
  • A footrest and handhold for each passenger; and,
  • For “side by side” vehicles, a seatbelt for each occupant.

The operator of a “Street legal ATV” may not exceed the posted speed limit or a maximum speed of 45 MPH.

ONLY ATVs WHICH MEET ALL OF THESE REQUIREMETS ARE “STREET LEGAL ATV”s AND ARE ALLOWED ON THE STREETS OF ALPINE. Any ATV which is operated on a public street is subject to being stopped by our police officers. To verify if the ATV is “street legal” the officer will immediately consider three initial criteria:

  • Is the operator of the ATV at least 16 years age and possess (and present to the officer) a valid Driver’s License?
  • Can the operator of the ATV produce a State of Utah vehicle registration for this vehicle which identifies it as a “Street Legal ATV” and is a corresponding State of Utah license plate attached to the vehicle? (Do not confuse this with the personal property tax sticker which should be attached to all ATVs. The requirement is an official State of Utah license plate.)
  • Can the operator produce current proof of motor vehicle insurance for this vehicle (ATV)? If the answer to any of these initial questions is “no”, this is NOT a “street legal ATV”, is not allowed on the public streets and subjects the operator/driver to being issued a citation and subjects the vehicle to the possibility of being impounded by the officer, per Utah Code Annotated 41-22-10.3.

Only Alpine City has currently passed such an ordinance. None of the adjacent cities have passed a corresponding ordinance so even those OHVs that are street legal cannot be legally operated outside the city limits of Alpine.

Other cities have passed similar ordinances. Cornell, Wisconsin's ordinance, based on their existing snowmobile ordinance, is very specific regarding ATV operation:

(1) ATV's may be operated on all City streets and alleys designated as ATV routes and signed in accordance with Statutes as provided by Chapter 350 adopted herein. ATV routes shall be approved by Resolution of the Common Council and placed in Appendix O.

(2) ATV's may be operated on roadways or shoulders of a highway not designated as an ATV route for the shortest distance that is necessary for a person to operate an ATV to the ATV route or trail that is closest to that residence and lodging establishment, except that no ATV's shall be operated on Main Street between 8th Street and 1st Street and Third Street between Osborne Street and Bridge Street, said routes being marked as "ATV Routes."

(3) No person shall operate an ATV upon a State or Federal highway within the City limits of the City of Cornell, except crossing of the Bridge Street bridge or otherwise marked highways. ATV routes through the City shall be designated by regular ATV markings.

(4) Operating in Unsafe or Reckless Manner. No person shall operate an ATV upon any street within the City of Cornell with any person, vehicle or sled attached or trailing said ATV, unless designated for ATV activities. Anyone operating such conveyance in an unsafe or reckless manner shall be deemed in violation of this ordinance. The machine’s design capacity will determine the number of riders that can be on the ATV.

(5) Single File Operation. ATV's shall be operated in single file and as far to the right portion of the street as possible.

(6) Accident Report. If an ATV accident results in death or injury to anyone, or any property damage, every operator of an ATV involved in such accident shall as soon as possible notify the City Police Department of the City of Cornell of the accident and shall within ten (10) days after the accident file a written report thereof with the Department of Natural Resources on the form provided by it. "ATV accident" means a collision, accident, or other casualty involving ATV's.

In Cornell, there are additional requirements as well:

(1) Speed. No person shall operate an ATV within the City of Cornell City limits at a speed greater than the posted speed limits.

(2) Hours of Operation. ATV's may operate on all municipal streets and alleys in the City of Cornell twenty-four (24) hours per day.

(3) Restrictions on Operators. No person under the age of 16 years shall operate nor shall any ATV owner knowingly authorize such person to operate an ATV within the City of Cornell, except as permitted in §350.05 Wis. Stats., (ATV safety permit; ages 12-16).

(4) Unattended Vehicles. No person shall leave or allow an ATV owned or operated by him to remain unattended on any public highway or public property while the motor is running or with the starting key left in the ignition.

(5) Operation on Sidewalks or Malls Prohibited. No person shall operate an ATV on any sidewalk, pedestrian way or mall within the City.

(6) Operation on Private Premises Restricted. No person shall operate an ATV on any private property not owned or controlled by him within the City without the express consent or permission of the owner.

(7) Crossing Streets. No operator of an ATV shall cross any street except at its intersection and then only at right angles to the street crossed. No persons shall operate or ride an ATV across Main Street from First Street to Fifth Street in the City.

(8) Operation Permitted When County Trails Open. No person may operate an ATV on City Streets except during the period of each year when the County Trails are open for ATV operation.

Throughout Cornell's streets and as a condition of the use of their ATV route, the following requirements apply to all operators and passengers.

(1) All ATV operators shall be at least 16 years of age and hold an ATV Safety Certificate if required by state statues.

(2) No person who is under current driver’s license Suspension, Revocation or cancellation for any reason, may operate an ATV upon City streets within the corporate limits of Cornell.

(3) All ATV operators shall observe posted roadway speed limits.

(4) All ATV operators shall slow the vehicle to 10 mph or less when operating within 150 feet of a dwelling.

(5) All Operators shall ride single file on the right side of the road and remain on the roadway.

(6) ATV operators shall yield to the right-of-way to all other vehicular traffic and pedestrians.

(7) No ATV may be operated on any street within the City limits unless it conforms to all noise, registration and other equipment requirements as stated in the Wisconsin Statutes or the Municipal Code of the City of Cornell.

(8) Every ATV operating within the City must display a lighted headlight and taillight at all times.

(9) Hours of ATV operation shall be Daylight hours.

(10) All ATV operators or passengers under 18 years of age shall wear an approved helmet during operation of the ATV.

(11) Routes shall be signed in accordance with NR 64.12, and NR 64.12 (7) c.

Gillett, Wisconsin bills itself as an extremely ATV friendly community and as the "ATV Capital of the World." According to their website, "There are 320 registered ATVs in the Gillett -- that means there is one ATV for every four residents within the City. There is access to over 130 miles of ATV trails from the city’s downtown Zippel Park, which offers free trailer and truck parking. The Gillett Rail Runners ATV Club and the Gillett Professional Police Association co-sponsor the ATV Adventure Weekend the last weekend in September, and this year’s third annual event is filled with exciting ATV opportunities. There is access to local businesses on city streets that are open to ATV traffic and the Rail Runners ATV Club is developing twenty acres just west of town into a year-round ATV Park."

Even though it's called the "ATV Capital" the City of Gillett passed an ordinance that strictly regulates operation of ATV's.

The City of Gillett accepts no liability for the operation of ATVs on any city streets under the provisions of this Ordinance.

ATV's that operate on the aforementioned streets shall abide by all state laws regulating ATV operation including the following:

A. Operate in the extreme right hand portion of the traveled part of the road and single file

B. Speed limit shall not exceed 10 mph, EXCEPT where posted higher by an “official ATV speed limit sign”.

C. Signs shall be posted to notify operators of ATVs and to notify motorists that ATVs may be traveling these streets. The posting of signs along the ATV route shall be the responsibility of the ATV Club using methods and fastening devices consistent with all other traffic signs within the City of Gillett.

D. ATV’s operated on city streets pursuant to this Ordinance shall have the following properly working equipment:

1. one or more headlights,
2. a red rear light, and a working red brake light,
3. brakes in good mechanical condition,
4. a muffler system and such other equipment or devices that comply with the noise level standards as set forth in 23 V.S.A. §3505(b), and regulations adopted pursuant thereto.

E. ATVs operated on city streets shall be currently registered by the State of Wisconsin in accordance with Wisconsin State Statutes. Registration does not constitute a license to cross or operate an ATV on public or private lands.

F. At all times while operating an ATV on city streets or sidewalks, operators born after January 1, 1988 shall have passed an approved safety course. The driver of an ATV shall obey all state of Wisconsin laws regarding the operation of ATV's.

G. Except as otherwise provided in this Ordinance, a person may only operate or permit an ATV owned by him/her or under their control to be operated in accordance with Wisconsin State Statutes and all regulations adopted pursuant thereto.

 H. ATVs traveling on city streets shall travel on the right side of the road, in single file, and with headlights on at a rate of speed not to exceed 10 MPH. (See item B above for other speed limitations)

I. When operating an ATV under this ordinance, if the ATV has no turn signals and/or brake lights, the operator shall use hand signals when making turns or stopping.

J. No public or private landowner shall be liable for any property damage or personal injury sustained by any person operating or riding as a passenger on an ATV or upon a vehicle or other device drawn by an ATV upon the public or private landowner's property, whether or not the public or private landowner has given permission to use the land unless the public or private landowner charges a cash fee to the operator or owner of the ATV for the use of the property or unless damage or injury is intentionally inflicted by the landowner.

K. ATV operators must remain on an approved marked trail or route or Wisconsin DNR and other penalties will apply.

ATV's are being sold in record numbers throughout the United States. Many communities are having serious problems with them. Noise, dust, and safety are the major concerns. Dozens of communities are considering banning the machines. Strict enforcement of existing laws have become the norm in many cities. Many communities are weighing in the possibility of writing new, specific ordinances to regulate the machines.

Several communities that have legalized operation of ATV's on city streets have had to reconsider their ordinances after they were found to be unconstitutional.

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ATV Safety - State of Michigan

The Handbook of Michigan Off-Road Vehicle Laws