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