Waverly's proposed UTV law gains momentum | Political News | wcfcourier.com - WCF Courier
On Monday, the City Council approved it on second reading in a 4-3 vote. Councilors Ann Rathe, Julie Meyers and Brian Birgen dissented. It could be adopted on its third and final reading as soon as March 7.
Right now, the off-road utility vehicles law, Section 105.10 of Waverly city code, allows for these vehicles on certain streets only for snow removal, lawn care, gardening, landscaping, emergency response, school athletic events/practice and other special events.
Under the new law, people could use UTVs to get around town. Advocates argue their allowance will benefit the local economy.
Safety was the main concern of opponents.
“I have to remind us that we are not writing this code for our most responsible users, we are writing this code for everyone,” said Birgen. “I feel very strongly that if we pass this ordinance, there will be a teenager, some 18-, 19- or 20-year-old who dies because they are being stupid on their UTV. I feel very strongly about that, and that’s really why I cannot support this.”
At the same meeting, Councilor Rodney Drenkow also motioned to amend the proposed ordinance to allow people to drive UTVs when dark outside, but it failed 4-3. Councilor Tim Kangas joined Rathe, Meyers and Birgen in opposing it.
The UTV law has been extensively discussed for several months after being advocated by UTV users. It is not supported by Police Chief Rich Pursell.
“It’s really difficult for me to ignore the safety experts in this case,” Rathe said of the ordinance. “Although this is a very difficult decision and I know people are passionate about these vehicles and use them safely and have all the necessary equipment, I’m concerned that the majority of people who use vehicles like this in town will not be that conscientious.”
Some view the safety risks as a personal choice of the people who operate UTVs, and note government can’t protect against every potentially dangerous scenario.
“We have to legislate on the assumption of good faith that people will behave,” said Kangas. “We can’t try to make everything perfect, otherwise we would need stopping cross arms (known as a gate) like at railroad crossings to try to force people to stop.
“I think it’s just as likely if we weren’t to pass this that we could have an 18- or 19-year-old out joy riding and getting into an accident. My biggest thing is that we have permitted other vehicles and the golf carts to have limited access within the city, and I think from an equity standpoint I don’t see that there is that much difference.”
Other concerns from councilors related to noise. The city has a noise ordinance in place, but a police official noted it is vague and hard to enforce.
Councilors also pointed out manufacturers and other organizations do not recommend UTVs be used on paved public surfaces.
Diverting UTV traffic to side streets, because of them not being allowed on the main arteries, was another potential issue pointed out.
Local requirements
Anyone 16 years of age or older can operate UTVs with a driver’s license. They have to stay on local streets within posted speed limits up to 35 miles per hour from sunrise to sunset.
The UTVs have to be biennially registered with the city for $25, with the exception of those used exclusively for agricultural purposes.
People would not be able to drive them on the busier streets – identified in the proposed language as primary road extensions and state highways — like Bremer Avenue (from the eastern city limits to 20th Street), Fourth Street Southwest, 20th Street Southwest/Heritage Way, and Cedar River Parkway/10th Avenue Southwest.
Vehicles must be equipped with accessories like mufflers, headlights, taillights, turn signals and brakes.
People violating the local provisions would be charged with misdemeanors on the first and second offense in a 12 month period, and could face $100 or $200 fines, respectively, as well as a revocation of their registration for a two month or two year period, respectively.
People guilty of violating the ordinance could be hit with a $100 to $300 fine, the suspension or revovation of their UTV registration, or be prosecuted and penalized to the extent of the state law.
The city will not permit all-terrain vehicles on city streets under the new ordinance.
source: https://wcfcourier.com/news/local/govt-and-politics/waverlys-proposed-utv-law-gains-momentum/article_b22f2c23-37d9-5054-9e5e-1b4623e5a16f.html
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