(a)   Work-Site Utility Vehicle, off-road vehicle, ATV, golf cart or UTV herein after referred to as “Utility Vehicles” means any vehicle designed for off-highway use which has: a width no less than 48 inches; an overall length, including the bumper, of not more than 180 inches; four or more wheels; low pressure tires; side by side seating; a steering wheel; non-straddle seating; occupant restraints, rollover protective structures, and may be equipped with a bed or a cargo box for hauling materials. Henceforth, “Utility Vehicles” shall refer to all vehicles commonly identified as offroad vehicles, ATVs, UTVs or golf carts.

(b)   Dirt bikes of all types are strictly prohibited within the city limits of Overbrook.

(c)   Except as otherwise provided by law, every utility vehicle shall be equipped with the following safety equipment that meets the equipment requirements under Article 17 of Chapter 8 of the Kansas Statutes Annotated and amendments thereto:

(1)   Headlights

(2)   Rear reflector

(3)   Brakes

(4)   Brake lights

(5)   One functioning rear view or side mirror; and

(6)   Seat belts as installed by the manufacturer

(d)   A utility vehicle may be operated upon the streets, roads and alleyways within the corporate limits of the city; provided, however, that no utility vehicle may be operated upon any streets, roads and alleyways with a posted speed limit in excess of 45 miles per hour. No utility vehicle shall be operated on any interstate highway, federal highway or state highway; provided, however, that the provisions of this subsection shall not prohibit a utility vehicle from crossing a federal or state highway with a posted speed limit greater than 45 miles per hour.

(e)   A utility vehicle that is not equipped with lights as required by law for motorcycles shall not be operated on any streets, roads, or alleyways unless such vehicle is equipped with reflectors slow-moving vehicle emblem as required for motor vehicles under Article 17 of Chapter 8 of the Kansas Statutes Annotated (K.S.A.), and amendment thereto.

(f)    No utility vehicle shall be operated on any streets, roads, or alleyways between sunset and sunrise unless equipped with headlights, brake lights, and tail lights.

(g)   Every person operating a utility vehicle on the streets, roads, and alleyways of the city shall be subject to all the duties applicable to a driver of a vehicle imposed by law. As such, The City of Overbrook’s current version of the Kansas Standard Traffic Ordinance shall apply to utility vehicles operated within city limits.

(h)   No person shall operate a utility vehicle on any streets, roads, or alleyways in the corporate limits of the city unless such person has attained the age of 16 (sixteen) and holds a valid, unrestricted, driver’s license.

(i)    Helmets shall be required for all operators of utility vehicles under the age of 18.

(j)    It shall be illegal for any person to operate a utility vehicle on any streets, roads, or alleyways with more passengers than the utility vehicle is designed to seat and all persons are required to wear seat belts if the vehicle is so equipped.

(k)   Upon request by an officer, an operator of a utility vehicle shall provide proof of liability insurance specifically listing the utility vehicle, in accordance with the Kansas Automobile Injury Reparations Act.

(l)    Unless governed by a specific section of the Kansas Standard Traffic ordinance adopted by the City or the City’s uniform fine schedule, a violation of this ordinance shall carry a fine of up to five hundred dollars ($500.00).

(Ord. 304; Code 2018; Ord. 449)