Agenda - Council - 05/08/2012 - Laserfiche WebLink

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Public property means property that may be used by the public, subject to reasonable regulation by a governmental body. Such property includes city parks, city parking lots and public school parking lots and grounds. Public road right-of-way means the entire right of way of a roadway that is not privately owned, including the traveled portions, banks, ditches, shoulders and medians. Roadway means that portion of a street or highway improved, designed or ordinarily used for vehicular travel but not including the boulevard. For the purposes of this article, roadways not dedicated for public use and not maintained by the city are not included within this definition. Semi-public property means private property generally for use by the public but not owned or maintained by a governmental body. Such property includes without limitation: church property, shopping center property and other property generally used by patrons of a commercial or private business establishment. Street or highway means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic (includes the right-of-way or boulevard). For the purposes of this article, streets or highways not dedicated for public use and not maintained by the city are not included within this definition. Sec 54-98 Operation limitations (a) ATVs may not be operated in the following areas: (1) Any area posted that ATV's are not allowed. (2) On or long the Burlington Northern Rail Road tracks. (3) On lots less than two and one-half acre in size unless it is for maintenance or plowing (4) On any city sidewalks, bike or pedestrian trails. (5) On Semi-public, public or private property unless posted otherwise. (6) Within a City parking ramp. (7) Within the right-of-way or ditch area, of a trunk, county state -aid, county highway, state highway or City street. (b) ATVs may be operated only as follows: (1) On the operator's property subject to the provisions of this article. (2) On privately owned property if the operator has in possession written permission from the property owner; or, on privately owned property if the property owner has posted a clearly visible notice indicating "ATV" or words substantially