INFORMATION #1 07-05-2005 - Laserfiche WebLink

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Information Memo to City Council A TV Use, Windsor Park Homeowner's Association July 5,2005 Page 2 (2) A TV zone: The operation of an A TV within the A TV zone is pennitted: a. On designated A TV trails access from established trailheads. b. On property you own or which you have pennission on your person to ride. c. On a private track in compliance with the follo\ving standards: 1. Located a minimum of 1,000 feet from any residence, except tllat of the o\vner 2. Located a minimum of 1,000 feet from a li,restock shelter and/or arena, except that of the o\vner 3. Must be setback 50 feet from any property line e. For agricultural or utility use as per state statute and after issuance of a city pennit. e. In the ditch or outside slope of County Roads 1, 13, 21, 32, and 33 if they can be accessed directly from your property. Anywhere within the corporate limits of the city, ATVs shall not be operated: (1) On public lands, including but not limited to: public parks, playgrounds, trails, sidewalks, paths, open spaces, scenic and historic sites, schools, golf courses, and other public buildings and structures. (2) On city streets and their related rights-of-way area per state statute. (3) \Vithin 100 feet of any fisherman, fish house, shelter, pedestrian, skating rink, sliding area or in any other area where such operation would conflict with the use or endanger other persons or property. (4) At any place, while under the influence of intoxicating liquor, narcotics or habit- fonning mugs. (5) At a rate of speed greater than reasonable or proper under all the surrounding circumstances. (6) At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injmy or damage thereto. (Ord. No. 02-13, ~ 1(1104.09), 11-12-2002) \'\1indsor Park is located in tile A n' Zone, regulated by Section (2) abo\le. After conversing with City Attorney Peter Beck, we have determined that this is essentially a property dispute amongst the members of the homeowner's association and that the City does not prohibit the use of ATV's on this private property, other than the ordinance as it is currendy written. More restrictive prohibitions would apply to all private property within dle City, not just the open space in dlls development. Assuming that the members of the association are not riding repetitively and do not access the property by driving on the City street, it would be acceptable for them to cross the open space to access the trail along County Road 1. They cannot, however, ride within Windsor Park itself which is a City park. However, the open space is held in common by members of the association and has not been deeded to the public and therefore is beyond additional City regulation. In the future, it may be appropriate for homeowner's associations to address this issue as part of the homeo\vner's association documents. cc: J oh.n T akar 21185 Joplin Street N\\! Elk Ri,Ter rvIN 55330 S:\PLr\i'\JNING\J\Iichele J\lcPherson\J\lElv[OS\07 05 05 CC info memo.doc