HomeMy WebLinkAbout2022-10-03 Ordinance 3049_All Terrain Vehicle, Off-Road Utility Vehicle ProhibitionORDINANCE NO. 3049
AN ORDINANCE TO AMEND CHAPTER 75, WAUKEE MUNICIPAL CODE,
REGARDING THE USE OF ALL TERRAIN VEHICLES AND OFF -ROAD UTILITY
VEHICLES WITHIN THE CITY.
WHEREAS, the State has amended Iowa code chapters 321I and 321 G of the Iowa Code to
allow for the use of all -terrain vehicles (ATV) and off -road utility vehicles (ORV) on county
roadways as more particularly provided in those amended state code chapters, and
WHEREAS, Waukee Municipal Code has not allowed the use of ATVs and ORVs on
streets and roadways within the city limits for many years; and
WHEREAS, the recent state amendments to Iowa Code chapters 3211 and 321 G necessitate
updating the language of the Waukee Municipal Code to avoid ambiguity in the interpretation and
enforcement of the City Code and consistent with Iowa law, and
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1: Chapter 75.02, Waukee Municipal Code, should be and the same is hereby
amended by adding the following new subsection:
5. "City Street" means all highways, streets, roads, primary and secondary road
extensions, whether paved or unpaved, within the City limits.
Section 2: Chapter 75.05(1), Waukee Municipal Code, should be and the same is
hereby repealed and enacted in lieu thereof is as follows:
§75.05(1) 1. City Streets. ATVs and off -road utility vehicles shall not be operated on
City Streets.
Section 3: Chapter 75.05(6)(E), Waukee Municipal Code, should be and the same is
hereby repealed and enacted in lieu thereof is as follows:
§75.05(6)(E) The crossing is made from a street, roadway, or highway on which the all -
terrain vehicle is authorized to operate to a street, roadway, or highway on which the all -
terrain vehicle is authorized to operate.
Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. 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, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the 3rd day of October, 2022, and approved this 3rd day of October, 2022.
Attest:
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Rebecca D. Schuett, City Clerk
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Courtney Clarke, Mayor