City Council Work Session

City Council Work Session Agenda Tuesday, June 30, 2026 at 4:00 PM Asbury City Hall, 5290 Grand Meadow Drive, Suite 1, Asbury, Iowa 52002 Page 1. Meeting Opening A. Call to Order B. Roll Call 2. Suspend with the Reading and approval of the last minutes 3. New Business A. Discussion of Proposed Ordinance No. 7-2026, an ordinance amending the Code of 2 Ordinances, City of Asbury Chapter 75 "ALL-TERRAIN VEHICLES AND SNOWMOBILES". CHAPTER 75 ATV UTV Ordinance 7 2026.pdf 4. Public Comment for New Items Not Previously Presented 5. Any Other Business 6. Adjournment Title Vi Statement - The City of Asbury receives federal funding and may not discriminate against anyone on the basis of race, color, or national origin, according to Title VI of the Civil Rights Act of 1964. For more information or to obtain a Title VI complaint form, call 563-556-7106. Page 1 of 6  ORDINANCE NO. 7-2026 ORDINANCE AMENDING CHAPTER 75, “ALL-TERRAIN VEHICLES AND SNOWMOBILES” HERETO OF THE CODE OF ORDINANCES, CITY OF ASBURY. Section 1. THE CODE OF ORDINANCES, CITY OF ASBURY is hereby amended CHAPTER 75 “ALL-TERRAIN VEHICLES AND SNOWMOBILES” to replace as follows: CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES 75.01 Purpose 75.07 Negligence 75.02 Definitions 75.08 Accident Reports 75.03 General Regulations 75.09 Unlawful Operation 75.04 Operation of Snowmobiles 75.10 Parking 75.05 Operation of All-Terrain Vehicles 75.11 Suspension 75.06 Hours of Operation 75.12 Penalty 75.01 PURPOSE. The purpose of this chapter is to regulate the operation of all-terrain vehicles and snowmobiles within the City. 75.02 DEFINITIONS. For use in this chapter the following terms are defined: 1. “All-terrain vehicle” or “ATV” is defined as a motorized vehicle with not less than three and not more than six nonhighway tires that is limited in engine displacement to less than one thousand (1,000) cubic centimeters and in total dry weight to less than one thousand two hundred pounds (1,200) and that has a seat or saddle designed to be straddled by the operator and handlebars for steering control. “All-terrain vehicle” includes off-road motorcycles. 2. “Off-road utility vehicle” or “utility terrain vehicle” or “UTV” is defined as a motorized vehicle with not less than four and not more than eight nonhighway tires or rubberized tracks 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. “Off-road utility vehicle” includes the following vehicles: A. “Off-road utility vehicle—type 1” is defined as an off-road utility vehicle with a total dry weight of one thousand two hundred (1,200) pounds or less and a width of fifty inches or less; B. “Off-road utility vehicle—type 2” is defined as an off-road utility vehicle, other than off-road utility vehicle—type 1, with a total dry weight of two thousand (2,000) pounds or less, and a width of sixty-five (65) inches or less; C. “Off-road utility vehicle—type 3” is defined as an off-road utility vehicle with a total dry weight of more than two thousand (2,000) pounds or a width of more than sixty-five (65) inches, or both. (Code of Iowa, Sec. 321.[17]) 3. “Snowmobile” means a motorized vehicle weighing less than one thousand (1,000) pounds which uses sled-type runners or skis, endless belt-type tread with a width of forty-eight (48) inches or less, or any combination of runners, skis or tread, and is designed for travel on snow or ice. “Snowmobile” does not include an all-terrain vehicle which has been altered or equipped with runners, skis, belt-type tracks or treads. (Ord. 16-05 – Aug. 05 Supp.) (Code of Iowa, Sec. 321G.1 [18]) Page 2 of 6 75.03 GENERAL REGULATIONS. No person shall operate an ATV/UTV within the City in violation of Chapter 321I of the Code of Iowa or a snowmobile within the City in violation of the provisions of Chapter 321G of the Code of Iowa or in violation of rules established by the Natural Resource Commission of the Department of Natural Resources governing their registration, numbering, equipment and manner of operation. (Code of Iowa, Ch. 321G & Ch. 321I) 1. Proof of Ownership. The owner of each ATV, UTV, or snowmobiles shall be required to provide proof of ownership, including Iowa Department of Natural Resources registration and proof of liability insurance with appropriate minimum standards as required by Iowa Code 321.20B. 2. Current Registration. ATV, UTV or snowmobiles registered in Iowa are required to display their current Iowa Department of Natural Resources registration decal. 75.04 OPERATION OF SNOWMOBILES. The operators of snowmobiles shall comply with the following restrictions as to where snowmobiles may be operated within the City: 1. Snowmobiles shall be operated only upon streets which have not been plowed during the snow season and on such other streets as may be designated by resolution of the Council. (Code of Iowa, Sec. 321G.9[4a]) 2. Exceptions. Snowmobiles may be operated on prohibited streets only under the following circumstances: A. Emergencies. Snowmobiles may be operated on any street in an emergency during the period of time when and at locations where snow upon the roadway renders travel by conventional motor vehicles impractical. (Code of Iowa, Sec. 321G.9[4c]) B. Direct Crossing. Snowmobiles may make a direct crossing of a prohibited street provided all of the following occur: a. The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the street and at a place where no obstruction prevents a quick and safe crossing; b. The snowmobile is brought to a complete stop before crossing the street; c. The driver yields the right-of-way to all on-coming traffic which constitutes an immediate hazard; and d. In crossing a divided street, the crossing is made only at an intersection of such street with another street. (Code of Iowa, Sec. 321G.9[2]) 3. Trails. Snowmobiles shall not be operated on all-terrain vehicle trails except where so designated. (Code of Iowa, Sec. 321G.9[4 g]) 4. Parks and Other City Land. Snowmobiles shall not be operated in any park, playground or upon any other City-owned property without the express permission of the City. The Park and Recreation Board, with the approval of the City Council, may designate park areas as available for use by snowmobiles and place signs indicating such areas, which shall be deemed express permission of the City for such areas. A snowmobile shall not be operated on any City land without a snow cover of at least one-tenth of one inch. 5. Sidewalk or Parking. Snowmobiles shall not be operated upon the public sidewalk or that portion of the street located between the curb line and the sidewalk or property line commonly referred to as the “parking” except for purposes of crossing the same to a public street upon which operation is authorized by this chapter. Page 3 of 6  6. Private Property. Snowmobiles shall not be operated on private property of another without the express permission to do so by the owner or occupant of said property. 7. School Grounds. Snowmobiles shall not be operated on public school grounds, park property, playgrounds, recreational areas and golf courses without express permission to do so by the proper public authority. 75.05 OPERATION OF ALL-TERRAIN VEHICLES. The operators of ATVs/ UTVs may be operated on city streets only in accordance with Section 321.234A of the Code of Iowa. 1. No owner shall permit a person to operate an ATV or UTV within the City unless the person is at least eighteen (18) years of age and possesses a valid driver’s license. 2. No ATV or UTV shall be operated on a City Street at speed in excess of thirty-five (35) miles per hour or the posted speed limit, whichever is less. 3. Trails. ATVs/UTVs shall not be operated on snowmobile trails except where designated. (Code of Iowa, Sec. 321I.10[3]) 4. ATVs and UTVs operated upon City streets shall be equipped with at least the following properly functioning systems on at all times of operation: (Code of Iowa, Sec. 321.11) 3-14-7) a. Adequate brakes; (Code of Iowa, Sec. 321.13) b. Headlights c. Taillights; d. Rear mirrors; or e. Side mirrors; f. Safety belts (UTVs only); and g. Horn capable of producing an audible warning signal h. Muffler system limiting engine noise to not more than eighty-six (86) decibels and/or no modified exhaust. (Code of Iowa, Sec. 321.12) A violation of subsections 3 is a simple misdemeanor punishable as a scheduled fine under Iowa Code Section 805.8B. 5. Exceptions to Prohibited Streets. Employees of the City of Asbury, since it is political Subdivision can legally operate a UTV/ATV on prohibited streets for the purpose of construction or maintenance per State Code 321.234A. 75.06 HOURS OF OPERATION. Hours of operation for an ATV/UTV will be in accordance to Iowa law twenty-four (24) hour operation. 75.07 NEGLIGENCE. The owner and operator of an ATV/UTV or snowmobile are liable for any injury or damage occasioned by the negligent operation of the ATV/UTV or snowmobile. The owner of an Page 4 of 6 ATV/UTV or snowmobile shall be liable for any such injury or damage only if the owner was the operator of the ATV/UTV or snowmobile at the time the injury or damage occurred or if the operator had the owner’s consent to operate the ATV/UTV or snowmobile at the time the injury or damage occurred. (Code of Iowa, Sec. 321G.18 & 321I.19) 75.08 ACCIDENT REPORTS. Whenever an ATV/UTV or snowmobile is involved in an accident resulting in injury or death to anyone or property damage amounting to one thousand five hundred dollars ($1,500.00) or more, either the operator or someone acting for the operator shall immediately notify a law enforcement officer and shall file an accident report, in accordance with State law. (Code of Iowa, Sec. 321G.10 & 321I.11) 75.09 Unlawful Operation. 1. No ATVs or UTVs shall be operated or parked upon City sidewalks, trails, City Parks, city golf courses or other City land 2. Private Property. ATVs/UTVs shall not be operated on private property without the express consent of the owner . 3. No ATV or UTV shall be operated while under the influence of intoxicating liquor, narcotics, or habit-forming drugs. (Code of Iowa, Sec. 321.14[1c]) 4. No person shall operate an ATV or UTV in a careless, reckless, or negligent manner endangering the person or property of another or causing injury or damage to the same. (Code of Iowa, Sec. 321.14[1b] 5. No ATV or UTV shall be operated in violation of the traffic laws of the City of Asbury and the State of Iowa. 6. No ATV or UTV shall carry more passengers than which the ATV or UTV is designed. 7. No person shall ride in a UTV unless seated in a designated seat and secured with a safety belt. 8. No seat shall be used by more than one person at a time. 9. No cargo, materials, supplies, or other items may be transported on the ATV or UTV without being properly restrained. 10. No owner shall permit a person without a valid driver’s license or under the age of eighteen (18) to operate an ATV or UTV. Draft 11. No ATV or UTV shall be operated without a lighted headlight and taillight from sunset to sunrise and at such other times when conditions provide insufficient lighting to render clearly discernible persons and vehicles at a distance of five hundred (500) feet ahead. (Code of Iowa, Sec. 321.14[1d]) 12. No person shall leave an ATV unattended on public property while the motor is running or the keys are in the ignition switch. 13. No person shall operate an ATV or UTV on any trail unless the trail is designated as open for operation of that vehicle. Page 5 of 6  14. An ATV shall only have one person riding, which shall be the operator. 15. Proof of insurance and registration must be maintained during operation. 75.10 Parking. ATVs and UTVs may be parked in City parking lots or on any City Street where vehicle parking is permitted. 75.11 Suspension. Violation of this ordinance may result in the suspension of permit to operate all-terrain and off-road utility vehicles within the city limits of Asbury. 75.12 Penalty. Except those provisions specifically provided under state law as a felony, an aggravated misdemeanor or a serious misdemeanor or a simple misdemeanor under Chapters 687 through 747 of the Iowa Code, a violation of this Chapter shall be a municipal infraction subject to the following penalties: 1. For a first offense, a fine of one hundred twenty-five dollars ($125.00). 2. For a second and each subsequent offense within a two (2) year period, a fine of at least two hundred fifty dollars ($250.00), but not more than seven hundred fifty dollars ($750.00). Section 2. Repealer Clause. All ordinances or part of ordinances in conflict herewith 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, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective Date. This ordinance shall be effective starting on _________________, 2026 and after the final passage, approval and publication as provided by law. PASSED AND APPROVED this _________ day of ___________, 2026 ______________________________ Mayor ATTEST: ___________________________ City Clerk Page 6 of 6