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Clayton County Board of Supervisors updates ATV/ORV ordinance

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By Willis Patenaude, Times-Register

 

The Clayton County Board of Supervisors (BOS) recently adopted an ordinance “permitting the limited operation of all-terrain vehicles (ATV) and off-road utility vehicles (ORV) on secondary roadways in Clayton County.”

 

The ordinance, which took effect March 21, was done primarily to bring the county’s previous ordinance more in line with the state ordinance, which became effective in July 2022. It’s also in response to a push by the community to permit ATVs, which were previously restricted in the ordinance. 

 

While the county was not required to make any changes, according to Clayton County Auditor Jennifer Garms, apart from the ATV issue, the BOS wanted to include some restrictions that aren’t in the state ordinance, which they are allowed to do. 

 

One in particular is a restriction that prohibits driving on the Clayton Road from the Garnavillo city limits to 232nd Street, making it one of the only secondary roads where travel is not permitted. Garms stated the reason is due to the amount of truck hauling on the road, the amount of hills and the lack of visibility concerning ATVs/UTVs. The restriction is intended to prevent accidents. 

 

Another area is a slightly more restrictive rule regarding the use of headlights. Whereas the state allows operating a vehicle without one during certain hours of the day, namely from sunrise to sunset or where necessary, the county restricts travel at all times without one due to visibility and safety reasons. 

 

The ordinance also specifically outlines the restriction on operating a vehicle on any public land or roadway under the jurisdiction or control of the Clayton County Conservation Board, Iowa Department of Natural Resources (IDNR) and/or United States Fish and Wildlife Services. According to Garms, this is because of the vehicles’ potential to tear up properties and potential easements in place. 

 

Similarly, vehicles are prohibited from traveling on Class C roads, which typically have restricted access and a minimal level of maintenance, because it is maintained by the property owner. If vehicle operators caused any damage on the road, the property owner would have to pay for it, unlike Class B roads, which are partially maintained by the county. 

 

In addition, unlike the state ordinance, the county requires operators between the ages of 12 and 18 to have a valid IDNR certification for an ORV education course and have the certificate in the person’s possession while operating. This change was done on a recommendation from the Clayton County Sheriff’s Office to allow people under the age of 18 to operate the vehicles, something that is prohibited in the state ordinance.

 

Moreover, the county requires a permit be obtained from the BOS for riding groups of more than 24 for both ATVs and ORVs, and vehicles cannot be operated in any areas of the roadway ditch. The latter is for obvious safety reasons, while the former gives the public notice and allows plans for road and street closures if necessary. 

 

One change that is less restrictive is the removal of the requirement for anyone under the age of 14 to wear a helmet. Blinkers are also no longer needed. 

 

The inclusion of ATVs presents a new set of concerns, especially related to accidents, rollovers and lack of seatbelts, which are commonplace on ORVs, something Garms cited as the reason why it was previously restricted. But it really was a grassroots push from local side-by-side groups that ensured the ATVs were allowed in the new ordinance and were really the impetus behind making changes to the existing ordinance. 

 

The addition of ATVs will add 214 vehicles to the already 941 ORVs currently registered and possibly traveling on permitted roads. On the face of it, this would appear to present an increased concern with safety and enforcement, but according to Clayton County Sheriff Mike Tschirgi, who supports the change, no increase is expected. 

 

“Generally, as far as enforcement, I don’t expect any more than we have now. If there are problems that we hear about, we try to address that area of the county with more patrol and traffic stops,” Tschirgi said. 

 

However, Tschirgi had a suggestion pertaining to safety, which is for the vehicle driver to convey the number of units or UTVs riding behind them. 

 

“If I meet a vehicle or UTV and there are three behind me, I hold up three fingers to let the person I meet know to expect meeting three more. If there are five or more, hold up five. This is not a law but a nice gesture used in other states I have noticed,” he explained. 

 

Garms noted the 35 mile per hour speed limit, as well as reiterating the prohibition on operating a vehicle while under the influence of alcohol or a controlled substance, while carrying or possessing a firearm. It’s also illegal to use the vehicle to chase an animal down or assist in taking animals while hunting.

 

The ordinance requires all vehicles be registered, but exempts vehicles used exclusively as farm implements. Any violation of the ordinance constitutes a simple misdemeanor, which is punishable by a fine of at least $105 and no more than $855 and/or up to 30 days in jail.  

 

The BOS approved the ordinance, which was written by the county attorney, unanimously after two public readings. It is available in its entirety on the BOS website.

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