9.C.3. PRSR 4-10-2002 - Laserfiche WebLink

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Mcpherson, Michele • From: Beahen, Jeff Sent: Monday, February 25, 2002 3:30 PM To: Mcpherson, Michele Cc: Zerwas, Tom Subject: ATVs I have done some research on ATV use and the law in our city. As you are already aware, ATV use is prohibited by ordinance on property other than your own unless you have written permission. The rest of our ordinances really don't deal with much else as far as ATVs are concerned. State law allows the ATV's to be used , when legally registered according to 84.922, within public road right-of-ways subject to the limitations under the motor vehicle codes. They can't be driven within the right-of-ways of any trunk, county or county state-aid highway from April 1 to August 1 unless the ATV displays agricultural registration, except pursuant to regulations made by resolution of the county board. They can also not be operated on the inside bank or slope of the right- of-way of any trunk, county or county state-aid highway except when making a direct crossing or avoiding obstacles. In other words, the legal place to ride on Cty. Rd 30 would be the slope closest to the complainant's home from our latest snowmobile meetings. They can't be operated on state snowmobile trails, state parks and wildlife management areas. They also can't be operated on a public roadway unless they were registered as a motor vehicle prior to 1985. (ATV's are not deigned for use on a roadway -thus they can't be registered anymore as a motor vehicle) In short, nothing in our ordinance nor in state law prohibits a DNR registered ATV from being operated within public road right-of-ways except during those agricultural provisions I listed above or in the inside slope as also mentioned. To prohibit the use entirely would require an ordinance such as our snowmobile ordinance. If this comes up however we would be wise to include a provision for agricultural and business use as they are used in both applications. (Farm transport/chores and then utility use like Connexus for checking poles and right-of-ways) Just a FYI in case it comes up at open mic tonight! IIP.Jeff 1