ORDINANCE NO. 20-55

AN ORDINANCE PERMITTING THE USE OF UTILITY TERRAIN VEHICLES AND ESTABLISHING CHAPTER 477.04, 477.05, 477.06, AND 477.07 OF THE CODIFIED ORDINANCES OF THE CITY OF IRONTON, OHIO AND DECLARING AN EMERGENCY

Sponsored By: Harvey

WHEREAS,   the City of Ironton, Ohio wishes to establish rules for the safe operation and inspection of Utility Terrain Vehicles in the City of Ironton.

Now, Therefore, BE IT ordained BY THE COUNCIL OF THE CITY OF IRONTON, OHIO:

Section 1: That Chapter 477, which reads as follows:

CHAPTER 477.04 UTILITY TERRAIN VEHICLES

                   CHAPTER 477.05 DEFINITIONS.

As used in this chapter:

  1. “Vehicle” has the same meaning as set forth in Ohio R.C. §4501.01(A).
  2. “Motor Vehicle” as the same meaning as set forth in Ohio R.C. §4501.01(B).
  3. “Operator” has the same meaning as set forth in Ohio R.C. §4501.01(X).
  4. “Utility Terrain Vehicle” is an All-Purpose Vehicle as that term is defined under Ohio R.C. §4519.01(B).

CHAPTER 477.06 INSPECTION OF UTILITY TERRAIN VEHICLES.

a.) No person shall operate a “Utility Terrain Vehicle” on the streets within the City of Ironton unless it has been inspected and approved by the Chief of Police, or his designee or by another agent designated and approved by the State of Ohio, for compliance with the applicable safety/equipment requirements of the State of Ohio relative to motor vehicles.

b.) If the Chief of Police, or his designee, or another agent designated and approved by the State of Ohio, determines that the Utility Terrain Vehicle complies with the State of Ohio’s statutory requirements that are applicable to motor vehicles, the Chief of Police shall issue the owner or operator a certificate of compliance entitling the owner or operator to operate the Utility Terrain Vehicle on the streets with the City of Ironton. The owner or operator shall also show the Chief of Police or designee proof of liability insurance for the Utility Terrain Vehicle before a certificate of compliance is issued. The owner or operator of any Utility Terrain Vehicle shall be required to pay a fee in the amount of $20.00 to the City of Ironton through the City Police Department before the Utility Terrain Vehicle may be operated on the streets of the City of Ironton. Any certificate issued pursuant to this Section by the Chief of Police expires after 365 days and the Chief of Police will designate the issuing date and expiration date on each certificate. The Chief of Police shall keep a copy of each certificate issued pursuant to this Section. The owner or operator of any Utility Terrain Vehicle shall keep a copy of any certificate issued pursuant to this Section inside the Utility Terrain Vehicle to which it pertains. The Chief of Police shall issue a sticker or other similar device to the owner of each golf cart once it is inspected. The sticker shall signify compliance with this Section and the expiration of the current inspection period. The owner of each Utility Terrain Vehicle shall display the sticker in a conspicuous place on the rear of the golf cart.

c.) The owner of a Utility Terrain Vehicle shall also comply with all requirements of Ohio law regarding property title, registration and license plates prior to operating a Utility Terrain Vehicle on any street within the City of Ironton. Compliance with this Section shall be in addition to, rather in a lieu of, any applicable provisions of State law relative to the operation of motor vehicles.

CHAPTER 477.07 USAGE AND RESTRICTIONS

a.) No Utility Terrain Vehicles shall be permitted to travel on any City street where the speed limit is greater than 35mph. Utility Terrain Vehicles will be permitted to cross intersections with higher speeds, so long as they remain on a street that has a speed limit of 35mph or less.

b.) The operator of a Utility Terrain Vehicle must be at least sixteen (16) years of age and have a valid driver’s license.

c.) Any child who falls under the child restraint criteria set by Ohio R.C. 4511.81 is prohibited from being a passenger in a Utility Terrain Vehicle operated on any City street, right of way or public area in the City of Ironton. (Children who are up to 4 years old and less than 40 pounds which are required to be in a child safety seat or any child who is 8 years old or less and under 4’9” in height who are required to be in a booster seat.”

d.) Utility Terrain Vehicles must be operated in accord with all State of Ohio traffic laws in addition to all applicable sections of the City of Ironton Municipal Ordinances.

e.) The use of all Utility Terrain Vehicles shall cease at 10:00 P.M. and no person shall be permitted to operate a Utility Terrain Vehicle between the hours of 10:00 P.M. and 8:00 A.M.

CHAPTER 477.99 PENALTY

a.) Whoever violated this chapter is guilty of a minor misdemeanor on a first offense; on a second offense within one (1) year after the first offense, the person is guilty of a misdemeanor of the fourth degree; and each subsequent offense within one (1) year after the first offense, the person is guilty of a misdemeanor of the third degree.

BE AND HEREBY IS ESTABLISHED, AND;

SECTION 2:  That this Ordinance shall take effect and be in full force at the earliest period of time allowed by law.

Adopted this                day of                                             , 2020 at Ironton, OH.