10.01.135.4 Unlawful Operation of All-Terrain Vehicle or Recreational Off-Highway Vehicle.
(a) Except as provided in subsection (b), (c) or (d) of this section, it shall be unlawful for any person to operate an all-terrain vehicle or a recreational off-highway vehicle:
(1) On any interstate highway, federal highway or State highway; or
(2) Within the corporate limits of the City of Olathe, unless operated on private property with the consent of the property owner for nonrecreational property maintenance and/or agricultural purposes, or operated by the City of Olathe or any unified school district for public safety and/or property maintenance purposes.
(b) Notwithstanding the provisions of subsection (a) of this section, all-terrain vehicles or recreational off-highway vehicles owned, operated or contracted by a County noxious weed department or the Kansas Department of Transportation may be used for the eradication of noxious weeds. The Kansas Department of Transportation may be allowed to operate such all-terrain vehicles or recreational off-highway vehicles upon the right-of-way of any federal highway or State highway for the purpose of eradicating noxious weeds and such all-terrain vehicles or recreational off-highway vehicles may be operated incidentally thereto upon such federal highway or State highway.
(c) Notwithstanding the provisions of subsection (a) of this section, all-terrain vehicles or recreational off-highway vehicles may be operated to cross a federal highway or State highway.
(d) Notwithstanding the provisions of subsection (a)(1) of this section, persons engaged in agricultural purposes may operate all-terrain vehicles or recreational off-highway vehicles on a federal highway or State highway under the following conditions:
(1) The operator of the all-terrain vehicle or recreational off-highway vehicle must be a licensed driver and be operating within the restrictions of the operator’s license;
(2) The federal highway or State highway must have a posted speed limit of sixty-five (65) miles per hour or less;
(3) The operator of the all-terrain vehicle or recreational off-highway vehicle must operate the all-terrain vehicle or recreational off-highway vehicle as near to the right side of the roadway as practicable, except when making or preparing to make a left turn; and
(4) The purpose of the trip using the all-terrain vehicle or recreational off-highway vehicle must be for agricultural purposes.
(e) No all-terrain vehicle or recreational off-highway vehicle shall be operated on any public highway, street or road between sunset and sunrise unless equipped with lights as required by law for motorcycles. (Ord. 23-18 § 5, 2023.)
Code reviser’s note: Ord. 23-18 repealed and reenacted former Section 10.01.114.1 as 10.01.135.4.