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Ordinance Number 2011-01

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AN ORDINANCE PERMITTING THE USE OF ALL TERRAIN VEHICLES ON COUNTY ROADS WITHIN THE COUNTY OF PULASKI AND SETTING FEES FOR

SAID PERMITS

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Be it ordained by the Pulaski County Commission as Follows:

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SECTION 1. That the Pulaski County Commission has determined that there is a need to allow the use of all terrain and utility task vehicles

(hereinafter referred

to as ATVs) on county roads pursuant to Section 304.013 RSMo.

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SECTION 2. That the Pulaski County Commission hereby orders that the Clerk of the County shall issue permits for use of ATVs on county roads

upon application

by the owner of the ATV upon meeting the following rules and conditions:

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a. The fee for the ATV permit shall be $15.00 for one year and shall expire on December 31st of the year issued.

b. Any owner applying for an ATV permit shall present the County Clerk with proof of ownership and proof of liability insurance on the ATV with a

minimum coverage of $25,000 per person or $50,000 per incident.

c. The owner of the ATV shall complete an application indicating the name of the owner, make, model, serial number, and color of the ATV.

d. Any permitted ATV shall have all safety equipment required by state and federal law and regulation, and maintain same in good working order.

These include:

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i. A lighted headlamp and tail lamp which shall be in operation during use

ii. An equilateral trangular emblem shall be constructed of substantial material with a fluorescent yellow-orange finish and refective

red border at least one inch in width. Each emblem shall measure at least ten inches.

iii. A bicycle safety flag, which extends not less that seven feet above the ground, attached to the rear of the ATV.

iv. A braking system maintained in good working order.

v. An adequate muffler system in good working order.

e. Upon issuance of the permit said permit shall be affixed to the front of the ATV in a place that is clearly visible.

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SECTION 3. That no person shall operate an ATV on a county Road:

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a. Under the age of 16.

b. Without a valid vehicle operator's license.

c. Under the age of 18 without a DOT approved helmet.

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SECTION 4. All traffic laws shall be obeyed including the posted speed limit during ATV use on county roads. Any person who is found or pleads

guilty to any

violation while operating an ATV shall automatically cause the permit of the ATV used during the offense to be void for a period of one year. In

addition , any person who violates any terms of this ordinance is subject to having their permit revoked for one year after a hearing before the

County Commission.

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SECTION 5. That this issuance of this permit does not authorize the use of ATVs on the road other than county roads and shall not be considered

a substitute

for a permit issued by the US Forest Service, the Department of the Army, the Missouri Department of Revenue, or any other state or federal

agency.

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SECTION 6. That anyone who violates this section may be in violation of Section 304.013 RSMo which is a class C misdemeanor.

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SECTION 7. That the fees generated by the issuance of the permits shall be deposited in the County General Fund and any expenses generated to

provide for

and issue said permits shall be paid from the County General Fund.

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SECTION 8. That any prior fee schedules and ordinances in conflict herewith are hereby repealed.

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SECTION 9. That this Ordiance shall be in full force and effect from the date of its passage.

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So moved and seconded, and passed with unanimous consent of the Pulaski County Commission.

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IT IS SO ORDERED;

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Bill Farnham Eastern Dist. Commissioner

Gene Newkirk Presiding Commissioner

Ricky Zweerink Western Dist. Commissioner

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Brent Bassett Pulaski County Clerk

3-21-2011

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