Number
180115
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. PEREZ
Title
A substitute ordinance relating to the parking of all-terrain and utility terrain vehicles on unpaved surfaces.
Section
101-23.3 cr
Analysis
This ordinance prohibits all-terrain and utility terrain vehicles from parking on unpaved surfaces. An all-terrain vehicle is a commercially-designed and manufactured motor-driven vehicle weighing 900 pounds or less with 3 or more wheels and designed to be straddled by the operator. A utility terrain vehicle is similar to an all-terrain vehicle, but it weighs 2,000 pounds or less.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 101-23.3 of the code is created to read:
101-23.3. Parking on Unpaved Surfaces.
1. DEFINITIONS. In this section:
a. “All-terrain vehicle” means a commercially-designed and manufactured motor-driven device that has a weight, without fluids, of 900 pounds or less, has a width of 50 inches or less, is equipped with a seat designed to be straddled by the operator, and travels on 3 or more low-pressure tires or non-pneumatic tires.
b. “Utility terrain vehicle" means any of the following:
b-1. A commercially-designed and manufactured motor driven device that does not meet federal motor vehicle safety standards in effect on July 1, 2012, that is not a golf cart, low-speed vehicle, dune buggy, mini-truck, or tracked vehicle, that is designed to be used primarily off of a highway, and that has, and was originally manufactured with, all of the following:
b-1-a. A weight, without fluids, of 2,000 pounds or less.
b-1-b. Four or more low-pressure tires or non-pneumatic tires.
b-1-c. A steering wheel.
b-1-d. A tail light.
b-1-e. A brake light.
b-1-f. Two headlights.
b-1-g. A width of not more than 65 inches.
b-1-h. A system of seat belts, or a similar system, for restraining each occupant of the device in the event of an accident.
b-1-i. A system of structural members designed to reduce the likelihood that an occupant would be crushed as the result of a rollover of the device.
b-2. A commercially-designed and manufactured motor driven device to which all of the following apply:
b-2-a. It has a weight, without fluids, of more than 900 pounds but not more than 2000 pounds.
b-2-b. It has a width of 50 inches or less.
b-2-c. It is equipped with a seat designed to be straddled by the operator.
b-2-d. It travels on 3 or more low-pressure tires or non-pneumatic tires.
2. PARKING ON UNPAVED SURFACE PROHIBITED. No person shall leave or park an all-terrain vehicle or a utility terrain vehicle on an unpaved surface.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB171191-2
Tea Norfolk
6/4/2018