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Restriction of All-Terrain Vehicle UseTHE CITY OF Dubuque f DT T~ ~ All-AmedcaC~y ~.J >~ 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.