§ 19-307. Unsafe use prohibited.

The following practices constitute unsafe use of ATVs in the city:

(1)

Use of an ATV one-half hour after sunset to one-half hour before sunrise without headlights and rear lights installed and illuminated.

(2)

Use of an ATV without a rearview mirror.

(3)

Use of an ATV without a warning device such as a horn.

(4)

Use of an ATV with more than two people on each seat, unless the seat has been specifically designed by the manufacturer to hold more than two people. In no case shall there be more passengers than the ATV is designed to carry.

(5)

Use of an ATV without the driver and passengers wearing protective headgear. The headgear must conform with minimum standards of construction and performance as prescribed by the National Standards Institute specification Z90.1 or by the Federal Motor Vehicle Safety Standard No. 218.

(6)

Use of an ATV by a driver under the age of 18.

(7)

Operating an ATV that is not equipped at all times with an effective and suitable muffling device on its engine to effectively deaden or muffle the noise of the exhaust. Each ATV must meet noise emission standards of the United States Environmental Protection Agency and in no case exceed 82 decibels of sound pressure level at 50 feet on the "A" scale as measured by the SAE standards.

(8)

Operating an ATV that is not equipped at all times with a working spark arrester.

(9)

Operation of ATV at speeds greater than reasonable and prudent for the existing conditions.

(10)

Operating an ATV in violation of ordinances or regulations applicable to motor vehicles, except as expressively permitted by this article, or in a reckless manner in such a way as to recklessly create a substantial risk of serious bodily injury to another person.

(11)

Operating an ATV in a manner to endanger, so as to endanger any person or property.

(12)

Operating an ATV under the influence or with excessive blood-alcohol level. A person commits the crime of operating an ATV while under the influence of intoxicating liquor or drugs if that person operates or attempts to operate any ATV while under the influence of intoxicating liquor or drugs or a combination of liquor and drugs; or, for a person 21 years of age or older, while having alcohol levels in that person's blood higher than the maximum limit for operation of motor vehicles; or, for a person less than 21 years of age, while having any amount of alcohol in the blood. A person is guilty of failure to comply with the duty to submit to and complete a blood-alcohol or drug concentration test if that person refuses to submit to or fails to complete a blood-alcohol or drug concentration test, or both, when requested to do so by a law enforcement officer who has probable cause to believe that the person operated or attempted to operate an ATV while under the influence of intoxicating liquor or drugs.

(Code 1988, § 19-575; Ord. No. O-44-02, § 1, 6-6-2002)