On July 8, 2008, the City of Cherryvale passed an ordinance that allowed ATVs on the streets of Cherryvale if they meet certain guidelines. Since passage of that ordinance, the City has received a number of requests to amend the ordinance. The city is currently debating the following questions:
1. Should ATVs have to register with the City? And what should the registration fee be?
2. What hours during the day should ATVs be allowed on the roads?
3. Are there other restrictions that you would like to see?
4. Should ATVs be allowed on the streets?
This is the ordinance that was proposed at Monday's meeting:
OPERATION OF MICRO UTILITY TRUCKS AND
ALL-TERRAIN VEHICLES ON THE STREETS
ORDINANCE NO. 08-4564
An Ordinance Requiring Registration of Micro Utility Trucks and All- Terrain Vehicles on the Streets Within the Corporate Limits of the City of Cherryvale and setting out additional regulations pertaining to the use of ATVs; Providing for Related Matters Including Penalties for Violation Thereof.
Be it Ordained by the Governing Body of the City of Cherryvale, Kansas:
Section 1. REGISTRATION OF MICRO UTILITY TRUCKS AND ALL TERRAIN VEHICLES.
The City of Cherryvale shall issue Micro Utility Trucks and All Terrain Vehicle Registrations. The Registration shall be due on August 1 of each year. The registration fee shall be set by the City Administrator. The City shall issue a registration sticker that shall be attached and displayed clearly on the rear of all Micro Utility Trucks and All Terrain Vehicles driven upon City streets. The City of Cherryvale shall only issue registration stickers to owners who present current proof of liability insurance for the vehicle.
Section 2. It shall be unlawful for any person to:
(1) Operate, or for the owner thereof knowingly to permit the operation, upon any city street of any Micro Utility Truck or All Terrain Vehicle which is not registered with the City of Cherryvale, or which does not have displayed a current and valid registration sticker issued by the City of Cherryvale. Violation of this section shall be punishable by a fine of not less than $500.
(2) Display or cause or permit to be displayed, or to have in possession, any registration receipt or registration sticker knowing the same to be factitious or to have been canceled, revoked, suspended, or altered. Violation of this section shall be punishable by a fine of not less than $100.
(3) Lend or to knowingly permit the use by one not entitled thereto any registration receipt or registration sticker issued to the person so lending or permitting the use thereof. Violation of this section shall be punishable by a fine of not less than $100.
(4) Remove, conceal, alter, mark, or deface the registration sticker or other mark or identification upon any Micro Utility Truck or All Terrain Vehicles. Violation of this section shall be punishable by a fine of not less than $100.
(5) Carry or display a registration sticker upon any vehicle not lawfully issued for such vehicle. Violation of this section shall be punishable by a fine of not less than $100.
Section 3. HOURS OF OPERATION. Drivers of All Terrain Vehicles shall not operate the vehicles between Dusk and Dawn, unless the Vehicle is owned or operated by the Federal Government, the State of Kansas, or a political subdivision of the State of Kansas. Violation of this section shall be punishable by a fine of not less than $100.
Section 4. PROHIBITED USE. No All Terrain Vehicles shall be operated inside of Fairview Cemetery or any city park, unless the Vehicle is owned or operated by the Federal Government, the State of Kansas, or a political subdivision of the State of Kansas. Violation of this section shall be punishable by a fine of not less than $100.
