Can a Mississippi city allow four-wheelers, side-by-sides, and golf carts in a parade on city streets?

Subject

Off-Road Vehicle Use During Parades

Recipient

Edward N. Kramer III, Esq., Attorney, City of Quitman

Plain-English summary

The City of Quitman asked whether it could let golf carts, four-wheelers, and side-by-sides participate in parades on city streets and state highways. The AG broke the answer into two parts because Mississippi treats those vehicles differently.

Golf carts and low-speed vehicles are governed by Section 63-32-3(1), which lets a municipality "authorize the operation of golf carts and low-speed vehicles only on public roads and streets as designated by ordinance, within the corporate limits of the municipality." So a city can pass an ordinance and let a parade include golf carts and low-speed vehicles. The opinion does not say the city has special parade authority; it says the city has the regular ordinance authority for golf carts and low-speed vehicles, which extends to parade contexts.

Off-road vehicles are different. Section 63-31-3 defines an "off-road vehicle" as "any all-terrain vehicle, dirt bike or recreational off-highway vehicle," which includes side-by-sides. Section 63-31-3(6) says there is no authorization for "the operation of an off-road vehicle on a public road or highway of this state." That means a Mississippi city cannot pass an ordinance putting four-wheelers and side-by-sides in a parade on a public road. The state has not given the city that power.

The AG also said that whether a particular vehicle is a low-speed vehicle (which a city may authorize by ordinance) or an off-road vehicle (not authorized on roads) is a question of fact for the local governing authority. The opinion ends by modifying "all prior opinions to the contrary" prospectively.

What this means for you

City attorneys

The opinion holds that a municipality may, by ordinance under Section 63-32-3(1), authorize golf carts and low-speed vehicles on designated streets within its corporate limits, and that this authority reaches parade use. It also holds that Section 63-31-3(6) leaves no authorization for off-road vehicles (ATVs, dirt bikes, and recreational off-highway vehicles such as side-by-sides) on any public road, so a city ordinance cannot place them on a parade route.

Parade organizers and festival planners

The line the opinion draws is between golf carts and low-speed vehicles (which a city may authorize on roads by ordinance) and off-road vehicles (which have no authorization on public roads at all). Which category a given vehicle falls into is, per the opinion, a fact question for the city's governing authority based on the statutory definitions.

Police chiefs and local law enforcement

The opinion supplies a two-part rule: golf carts and low-speed vehicles may be on a parade route only where the city has adopted the Section 63-32-3(1) ordinance and the vehicles otherwise comply with state law, while off-road vehicles have no authorization to be on public roads under Section 63-31-3(6).

Parade participants

Under the AG's reading, ATVs, dirt bikes, and side-by-sides are off-road vehicles with no authorization to operate on public roads, including a parade route. Golf carts and low-speed vehicles may participate where the city has adopted the enabling ordinance.

State legislators

The opinion reads Section 63-31-3(6) as providing no authorization for off-road vehicles on public roads, with no parade exception in the statute. It also modified "all prior opinions to the contrary" prospectively, signaling a narrowing of earlier guidance.

Common questions

What's the difference between a golf cart and a low-speed vehicle?
A golf cart, under Section 63-32-1(a), is designated for golf-course operation, capped at 20 mph, and equipped with safety equipment under 49 CFR § 571.500. A low-speed vehicle, under Section 63-32-1(b), is a four-wheeled electric or gasoline vehicle with a top speed greater than 20 mph but less than 25 mph, with the same safety equipment.

Is a side-by-side an off-road vehicle?
Side-by-sides are typically "recreational off-highway vehicles," which Section 63-31-3 includes in the off-road vehicle definition. They are barred from public roads under subsection (6).

What about ATVs and dirt bikes?
Both are explicitly listed as "off-road vehicles." Same answer: no public roads, including parade routes.

Does the parade ordinance let us put golf carts on a state highway?
The opinion addresses authority "within the corporate limits of the municipality" and does not separately analyze state-highway segments. It does not purport to change any other state-law requirements that apply to a parade.

What about an electric bicycle?
Section 63-31-3 explicitly excludes electric bicycles from the off-road vehicle definition. Bikes have their own treatment under state law.

Can the city use its police powers to allow ATVs just for the parade?
The AG said no. Section 63-3-209 prohibits a local rule that conflicts with state vehicle law unless expressly authorized, and Section 63-31-3(6) bars off-road vehicles on roads. The local ordinance cannot override that.

Background and statutory framework

Section 63-3-103 defines "vehicle" and "motor vehicle" broadly. Section 63-3-211 gives local authorities, with respect to streets and highways under their jurisdiction, the power to regulate or prohibit "processions or assemblages on highways, such as parades." Section 63-3-209 limits that local power: "no local authority shall enact or enforce any rule or regulation in conflict with the provisions of this chapter unless expressly authorized herein."

Section 63-32-1 defines golf carts and low-speed vehicles. Section 63-32-3(1) lets municipalities authorize their operation on designated public roads within corporate limits by ordinance.

Section 63-31-3 defines off-road vehicles to include ATVs, dirt bikes, and recreational off-highway vehicles. Subsection (6) provides no authorization for operation on public roads or highways. The AG's parade analysis stitches these provisions together: parades are processions on highways, local authority over them must respect state law, and state law allows golf carts and low-speed vehicles by ordinance but provides no authorization for off-road vehicles. The opinion ends by modifying "all prior opinions to the contrary" prospectively, signaling that some past AG guidance had treated off-road vehicles in parades more permissively than the present opinion allows.

Citations

• Miss. Code Ann. § 63-3-103(a) (definition of "vehicle")
• Miss. Code Ann. § 63-3-103(b) (definition of "motor vehicle")
• Miss. Code Ann. § 63-3-209 (no local rule in conflict with state vehicle code)
• Miss. Code Ann. § 63-3-211 (local authority over processions and parades on highways)
• Miss. Code Ann. § 63-31-3 (off-road vehicle definition)
• Miss. Code Ann. § 63-31-3(6) (no authorization to operate off-road vehicles on public roads or highways)
• Miss. Code Ann. § 63-32-1(a) (golf cart definition)
• Miss. Code Ann. § 63-32-1(b) (low-speed vehicle definition)
• Miss. Code Ann. § 63-32-3(1) (municipal authority to authorize golf carts and low-speed vehicles by ordinance)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/06/E.Kramer-III-June-29-2023-Off-Road-Vehicle-Use-During-Parades.pdf

Original opinion text

June 29, 2023
Edward N. Kramer III, Esq.
Attorney, City of Quitman
101 East Church Street
Quitman, Mississippi 39355-0016
Re:

Off-Road Vehicle Use During Parades

Dear Mr. Kramer:
The Office of the Attorney General has received your request for an official opinion.
Question Presented
Does a municipality have the authority to allow golf carts, four-wheelers, and side-by-sides to
participate in parades on city streets and state highways?
Brief Response
Mississippi Code Annotated Section 63-32-3(1) provides that municipalities "may . . . authorize
the operation of golf carts and low-speed vehicles only on public roads and streets as designated
by ordinance, within the corporate limits of the municipality." However, Section 63-31-3(6) states
that there is no authorization for the "operation of an off-road vehicle on a public road or highway
of this state." Whether a vehicle is a "low-speed vehicle" or an "off-road vehicle" is a question of
fact for the governing authority.
Applicable Law and Discussion
You ask about a municipality's authority to allow vehicles such as four wheelers, side-by-sides,
and golf carts to participate in parades. Section 63-3-103(a) defines a "vehicle" as "every device
in, upon or by which any person or property is or may be transported or drawn upon a highway,
except devices used exclusively upon stationary rails or tracks." A "motor vehicle" is defined as
"every vehicle which is self-propelled and every vehicle which is propelled by electric power
obtained from overhead trolley wires, but not operated upon rails." Miss. Code Ann. § 63-3-103(b).
Section 63-3-211 provides that local authorities, with respect to streets and highways under their
jurisdiction, have the power to regulate or prohibit processions or assemblages on highways, such
as parades. Local authorities' power to regulate parades is limited, however, by Section 63-3-209,
which provides that "no local authority shall enact or enforce any rule or regulation in conflict
with the provisions of this chapter unless expressly authorized herein." Accordingly, it is the
opinion of this office that local authorities have the ability to regulate parades on streets and
highways under their jurisdiction; however, when doing so, local authorities must still abide by
state law applicable to motor vehicles, including but not limited to state law regarding golf carts
and all-terrain vehicles as further addressed below.
Section 63-32-1(a) defines a "[g]olf cart" as "a motor vehicle that is designated and manufactured
for operation on a golf course . . ., is not capable of exceeding speeds of twenty (20) miles per
hour, and is equipped with safety equipment as required under 49 CFR Section 571.500." Section
63-32-1(b) defines a "[l]ow-speed vehicle" as "any four-wheeled electric or gasoline-powered
vehicle that has a top speed greater than twenty (20) miles per hour but less than twenty-five (25)
miles per hour and is equipped with safety equipment as required under 49 CFR Section 571.500."
Section 63-32-3(1) allows municipalities to "authorize the operation of golf carts and low-speed
vehicles only on public roads and streets as designated by ordinance, within the corporate limits
of the municipality." Accordingly, it is the opinion of this office that municipalities have the
authority to authorize the operation of golf carts and low-speed vehicles on public roads and streets
within the corporate limits of the municipality during parades. To exercise this authority,
municipalities must pass an ordinance as provided in Section 63-32-3(1).
Beyond this, Section 63-31-3 defines an "off-road vehicle" as "any all-terrain vehicle, dirt bike or
recreational off-highway vehicle" with the exclusion of "electric bicycles." Pursuant to Section
63-31-3(6), there is no authorization for the "operation of an off-road vehicle on a public road or
highway of this state." Accordingly, it is the opinion of this office that municipalities may not pass
ordinances to allow for the operation of off-road vehicles on public roads and streets within the
corporate limits of the municipality during parades. Whether a vehicle is a low-speed vehicle, as
defined in Section 63-32-1(b), or an off-road vehicle, as defined in Section 63-31-3, is a question
of fact for the governing authority.
All prior opinions to the contrary are modified prospectively to conform herewith.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General