(a) Micro utility trucks may be operated upon the public highways, streets, roads, and alleys within the corporate limits of the city.
(b) No micro utility truck shall be operated on any public highway, street, road, or alley unless such vehicle shall comply with the equipment requirements under the provisions of article 17, chapter 8 of the Kansas Statutes Annotated.
(c) A violation of this section shall be deemed an ordinance traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201, Standard Traffic Ordinance, and amendments thereto, or such other similar provision as the City may then have in effect.
(Ord. 08-4562; Code 2014)
Micro utility truck means any motor vehicle which is not less than 48 inches in width, has an overall length, including the bumper, of not more than 144 inches, has an unladen weight, including fuel and fluids, of more than 1,500 pounds, can exceed 40 miles per hour as originally manufactured, and is manufactured with a metal cab.
(Ord. 08-4562; Code 2014)
No person shall operate a micro utility truck on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license. Violation of this section is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months or by both such fine and imprisonment.
(Ord. 08-4562; Code 2014)
(a) All-terrain vehicles may be operated upon the public highways, streets, roads and alleys within the corporate limits of the city.
(b) “All-terrain vehicle” means any motorized non-highway vehicle 48 inches or less in width, having a dry weight of 1,000 pounds or less, traveling on three or more low pressure tires, and having a seat to be straddled by the operator. As used in this subsection, “low pressure tire” means any pneumatic tire six inches or more in width, designed for use on wheels with rim diameter of 12 inches or less, and utilizing an operating pressure of 10 pounds per square inch or less as recommended by the vehicle manufacturer.
(c) No all-terrain vehicle shall be operated on any public highway, street, road or alley between sunset and sunrise unless equipped with lights as required for motorcycles.
(d) Every person operating an all-terrain vehicle on the public highways, streets, roads and alleys of the city shall be subject to all of the duties applicable to a driver of a vehicle imposed by law.
(e) A person operating an all-terrain vehicle shall ride only upon the permanent and regular seat attached thereto, and such operator shall not carry any other person nor shall any other person ride on an all-terrain vehicle, unless such all-terrain vehicle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the allterrain vehicle at the rear or side of the operator .
(f) A person shall ride upon an all-terrain vehicle only while sitting astride the seat, facing forward, with one leg on each side of the all-terrain vehicle.
(g) No person shall operate an all-terrain vehicle while carrying any package, bundle, or other article which prevents such person from keeping both hands on the handlebars.
(h) No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the all-terrain vehicle or the view of the operator.
(Ord. 08-4562; Code 2014)
(a) All all-terrain vehicles are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any all terrain vehicle of the full use of a lane. This subsection shall not apply to all-terrain vehicles operated two (2) abreast in a single lane.
(b) The operator of an all-terrain vehicle shall not overtake and pass in the same lane occupied by the vehicle being overtaken.
(c) No person shall operate an all-terrain vehicle between lanes of traffic or between adjacent lines or rows of vehicles.
(d) All-terrain vehicles shall not be operated more than two (2) abreast in a single lane.
(e) Subsections (b) and (c) shall not apply to police officers in the performance of their official duties.
(Ord. 08-4562; Code 2014)
No person riding upon an all-terrain vehicle shall attach himself, herself or the all-terrain vehicle to any other vehicle on a roadway.
(Ord. 08-4562; Code 2014)
Any allterrain vehicle carrying a passenger shall be equipped with a seat and footrests for such passenger.
(Ord. 08-4562; Code 2014)
(a) No person under the age of 18 years shall operate or ride upon an all-terrain vehicle unless wearing a helmet which complies with minimum guidelines established by the national highway traffic safety administration pursuant to the national traffic and motor vehicle safety act of 1966 for helmets designed for use by motorcyclists and other motor vehicle users.
(b) No person shall operate an all-terrain vehicle unless such person is wearing an eye protective device which shall consist of protective glasses, goggles or transparent face shields which are shatter proof and impact resistant, except when the all-terrain vehicle is equipped with a windscreen which has a minimum height of 10 inches measured from the center of the handlebars.
(Ord. 08-4562; Code 2014)
A violation of any provision in sections 14-403 through 14-408 shall be deemed an ordinance traffic infraction. Upon an entry of a plea of guilty or no contest or upon being convicted of such violation, the penalty imposed shall be in accordance with Section 201, 2007 Standard Traffic Ordinance, as amended, or such other similar provision as the city may then have in effect.
(Ord. 08-4562; Code 2014)
No person shall operate an all-terrain vehicle on any public highway, street, road or alley within the corporate limits of the city unless such person has a valid driver’s license. Violation of this section is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months or by both such fine and imprisonment.
(Ord. 08-4562; Code 2014)
All insurance requirements of Section 200 of the Standard Traffic Ordinance shall apply to both micro utility trucks and ATVs, and shall carry the same penalty.
(Ord. 08-4562; Code 2014)
Upon proper application, the City Clerk shall issue a registration sticker to an owner of a micro utility truck or all terrain vehicle. The application shall be on forms prescribed by the City Clerk but shall include proof of ownership and proof of current liability insurance. The registration fee shall be set by the City Administrator. All registrations shall be on or before August 1 of each year. The registration sticker issued by the City Clerk shall be attached and displayed clearly on the rear of the micro utility truck or all terrain vehicle. A conviction of any traffic rule or regulation, or any section of this ordinance, may result in revocation of registration by the Chief of Police, provided however, before any registration is revoked, notice of intent to revoke a registration shall be sent to the registered owner stating the reason for the revocation and stating that the registered owner may within ten days request in writing that the owner may be provided a hearing on the issue of revocation. Any registration so revoked is eligible for reinstatement after ninety days from the date of revocation, upon written application to the Chief of Police.”
(Ord. 08-4564; Code 2014; Ord. 14-4645)
It shall be unlawful for any person to:
(a) 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 subsection shall be punishable by a fine of not less than $500.
(b) 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 subsection shall be punishable by a fine of not less than $100.
(c) 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 subsection shall be punishable by a fine of not less than $100.
(d) 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 subsection shall be punishable by a fine of not less than $100.
(e) Carry or display a registration sticker upon any vehicle not lawfully issued for such vehicle. Violation of this subsection shall be punishable by a fine of not less than $100.
(Ord. 08-4564; Code 2014)
(a) Drivers of All-Terrain Vehicles shall not operate such vehicle(s) during the following times:
(1) Sunday Through Thursday: Between the hours of 11:00 p.m. to 6:00 a.m.
(2) Friday Through Saturday: Between the hours of 12:00 a.m. and 6:00 a.m.
(b) This subsection shall not apply to All-Terrain Vehicles owned or operated by the Federal Government, the State of Kansas, or any political subdivision of the State of Kansas. Violation of this section shall be punishable by a fine of not less than $100.00 per occurrence.
(Ord. 08-4564; Code 2014; Ord. 23-4749)
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 subsection shall be punishable by a fine of not less than $100.
(Ord. 08-4564; Code 2014)