Restriction of All-Terrain Vehicle UseTHE CITY OF Dubuque
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Masterpiece on the Mississippi ~~ ,
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Restriction of ATV Use
DATE: July 15, 2009
The City has received complaints about the use of all-terrain vehicles (ATVs) on private
property in residential areas. Of the four locations where complaints were received,
three of those sites are less than one acre.
Planning Services Manager Laura Carstens is recommending that the use of ATVs be
restricted to private property of not less than one acre in size, and only between sunrise
and sunset, and only with the written permission of the property owner if the property
owner is not the owner of the ATV.
concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Terry Tobin, Acting Chief of Police
Russ Stecklein, Police Captain
THE CTTY OF Dubuque
DUB E ~~~
Master piece on the Mississippi
2007
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager ~~~
SUBJECT: Restriction of ATV Use
DATE: June 30, 2009
Introduction
This memorandum provides a recommendation for restriction of all-terrain vehicle (ATV)
use, in response to complaints received about ATVs operating on public roadways and
private property.
Discussion
The enclosed May 14, 2009 memorandum from Police Captain Russ Stecklein lists the
following 4 properties with complaints about ATVs on operating on private property:
Address Acreage Residential Zoning
1401 Lincoln Avenue 0.31 acres R-2A Alternate Two-Family
2410 Roosevelt Road 0.28 acres R-1 Single-Family
2439 Cherry Street 0.31 acres R-1 Single-Family
3170 Nightingale Drive 2.59 acres R-2 Two-Family
As you requested, I reviewed the use of ATVs in the recently-annexed areas. Several
property owners use ATVs in these areas. During our annexation meetings, we
informed these property owners that the City of Dubuque did not regulate ATVs. All of
these owners had properties of at least one acre in size. Three of the 4 sites above are
under an acre.
Chapter 32 of the City Code regulates motor vehicles and traffic. Section 32.4 regulates
the use of ATVs on roadways. The Police department enforces this Chapter of the City
Code, and responds to ATV complaints. An amendment to Section 32.4 to regulate the
use of ATVs on private property could be used to address the complaints on small lots
of less than an acre in size. This approach would address the majority of complaints
about ATVs operating on private property, while allowing the owners of recently
annexed property to continue to use their ATVs on their one-acre lots.
Restriction of ATV Use
Page 2
Recommendation
I recommend that the use of ATVs be restricted to private property of not less than one
acre in size, and only between sunrise and sunset, and only with the written permission
of the property owner if the property owner is not the owner of the ATV(s). An ordinance
amending Section 32.4 of the City Code to establish these restrictions is enclosed for
consideration.
Enclosures
cc: Cindy Steinhauser, Assistant City Manager
Terry Tobin, Acting Police Chief
Russ Stecklein, Police Captain
Tim O'Brien, Assistant City Attorney
Prepared by: Laura Carstens. Citv Planner Address: City Hall, 50 W. 13th St. Telephone: 589-4210
Return to: Jeanne Schneider. City Clerk Address: Citv Hall. 50 W. 13th St. Telephone: 589-4120
ORDINANCE NO. -09
AN ORDINANCE AMENDING CHAPTER 32 (MOTOR VEHICLES AND
TRAFFIC) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY
AMENDING SECTION 32.4 ALL-TERRAIN VEHICLES TO PROHIBIT USE OF
ALL-TERRAIN VEHICLES ON PROPERTY LESS THAN ONE ACRE
Whereas, the City of Dubuque has established regulations for the
operation of all-terrain vehicles on public roadways; and
Whereas, the City Council finds that the operation of all-terrain vehicles on
private property should be regulated for the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 32.4 of the City of Dubuque Code of Ordinances is hereby
amended by adding the following new subsection (h) as follows:
Sec. 32-4. All-terrain vehicles.
All-terrain vehicles shall be operated on a roadway only between sunrise and sunset
and only when the operation on the roadway is incidental to the vehicle's use for
agricultural purposes. A person operating an all-terrain vehicle on a roadway shall have
a valid operator's license and the vehicle shall be operated at speeds of less than thirty
(30) miles per hour. When operated on a roadway, an all-terrain vehicle shall have a
bicycle safety flag which extends not less than five (5) feet above the ground attached
to the rear of the vehicle. The bicycle safety flag shall be triangular in shape with an
area of not less than thirty (30) square inches, be dayglow in color, and shall be in lieu
of the reflective equipment required by Section 321.383 of the Code of Iowa.
Ordinance No. -09
Page 2
All-terrain vehicles may be operated on private property of not less than one (1)
acre in size, only between sunrise and sunset, and only with the written
permission of the property owner if said property owner is not also the owner of
the all-terrain vehicle(s) in operation. The all-terrain vehicle shall be operated at
speeds of less than thirty (30) miles per hour.
Section 2. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this day of 2009.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
F:lUSERS/LCARSTEN/WP/ZONING/ENFORCEMENT/Off Road Vehicles /ATV Ordinance.doc
2
THE CITY OF
DUB E
~~
MEMORANDUM
DATE: May 14, 2009
TO: Chief Kim Wadding
FROM: Captain Russ Stecklein
RE: ATV /Snowmobile Complaints
The Police Department receives numerous complaints each year dealing with
ATV and snowmobile riding on private and public right of way properties. Most of
the complaints were primarily involving vehicles being operated illegally on City
streets. There were also numerous complaints of subjects trespassing with these
vehicles on private properties through adjacent homeowner backyards and
business parking lots.
The complaint of regular riding on private property locations by the rightful
property owner occurred at several locations as follows:
• 1401 Lincoln -ATV riding with dirt track in backyard.
• 2410 Roosevelt -ATV riding in wooded area in backyard and on private
property belonging to Mount Calvary Cemetery without their permission.
• 2439 Cherry Street -ATV and snowmobile riding in the backyard and the
adjacent neighbors backyards without their permission.
• 3170 Nightingale Drive -ATV riding in the yard then into the wooded area
next to the Sports Complex property located at the bottom of the hill at that
location.
The right of way concerns encompassed many locations as well with the
majority of calls to Police directed in the area of Kelly Lane, Northwest Arterial
at JFK, Pennsylvania, Asbury, Holiday Drive and Dodge, the property located
to the rear of Hobby Lobby on Dodge, the property located between Crescent
Ridge and Dodge by Hy-Vee and Hwy 151/Digital Drive.