Newton adopts ATV/UTV ordinance with limits on state highways

Iowa law now allows for expanded operation of ATVs and UTVs on roadways, and although an ordinance passed by council members on Nov. 7 upholds that law the city prohibits extended use of the off-road vehicles on state highways like parts of Highway 14 and First Avenue/U.S. Route 6 in Newton.

Specifically, ATVs and UTVs are prohibited from operating on the 100-2300 block of Highway 14 South and the 100-300 block of Highway 14 North. ATVs and UTVs can be operated on First Avenue over the most direct and accessible route, but driving on the road for prolonged distances is not allowed.

Drivers can use an all-terrain vehicle park or trail outside of the city limits, a secondary road outside of city limits, a city street on which such vehicles are authorized to operate, an address on First Avenue not directly accessible by an authorized city street and the vehicle operator’s residence.

At its meeting last week, the Newton City Council approved the third reading of the ordinance in a 5-1 vote, with council member Evelyn George providing the lone dissenting vote. When it came time to adopt the ordinance, George voted “yes,” passing unanimously. The council will review the ordinance in one year.

The sunset clause will let council make changes to the ordinance if issues should arise. Some council members — even those who voted to approve all three readings readings — were hesitant about the ordinance, particularly because of city staff’s recommendation against it and issues presented by citizens.

Or even the police chief. Neither the Iowa Department or Transportation nor the National Highway Traffic Safety Administration regulates or recognizes ATVs or UTVs as motor vehicles as they are not equipped with the same safety features of vehicles on public roads, Newton Police Chief Rob Burdess said in the past.

WIth the exception of agricultural machinery, all over vehicles operating on public roadways are required to meet minimum safety standards of DOR and NHTSA. Burdess also said in mid-August that manufacturers of the off-road vehicles expressly say they are not to be operated on concrete or asphalt streets.

House File 2130 was signed by Iowa Gov. Kim Reynolds in the 2022 legislative session making ATVs and UTVs legal to drive on state roads. It also allows for cities to regulate the operation of registered ATVs and UTVs and designate streets under the corporate limits jurisdiction of the city.

Burdess collaborated with city attorney Matt Brick to create the ordinance, which was based on ordinances adopted by other cities. Before council considered it for approval, it was brought before the traffic safety committee on Aug. 25. The group considered requests for an ATV/UTV two times over the past few years.

The ordinance does not allow the use of golf carts or snowmobiles on city streets, unless set forth elsewhere in the code or by authorization of the police chief. Operators of ATVs and UTVs must have their vehicles adhere to safety equipment requirements and maintain the rules of operation.

For instances, off-road vehicles must have safety belts or harnesses, an operational horn that is loud enough to alert other motorists, head lamps, tail lamps, stop lamps/brake lights, a rear facing mirror and an operational muffler that complies to Iowa Code and City Code.

Children riding in UTVs must be secured in child restraint systems. Animals cannot be transported in a cargo portion or bed of a UTV unless they are contained in an enclosure or securely tethered to the UTV. Passengers cannot exceed the factory recommendation of the make and model being driven.

Similar to motor vehicles, open containers of alcohol are not allowed and drivers may not operate the UTV or ATV while under the influence of liquor or narcotics. Driving recklessly or dangerously is also prohibited. ATVs and UTVs are forbidden to operate on trails, city parks, sidewalks, public ice or waterways.

Penalties for violating the ordinance are $150 for the first offense, $250 for the second offense and $500 for the third and every subsequent offense. The city may also suspend an individual’s privilege to operate a UTV on city limits after two of more violations in a 12-month period.

Correction: An earlier story printed by Newton News stated operation of ATVs and UTVs would be limited to 7 a.m. and 10 p.m. The city council voted at the first reading to get rid of the time restrictions. As a result, the current ordinance does not prohibit use of ATVs and UTVs to a specific timeframe.