ORDINANCE
2009-11R2
CITY OF BERLIN
__________
In the year of our Lord Two Thousand Nine
AN ORDINANCE Amending the CITY OF BERLIN CODE OF ORDINANCES, Chapter 13, Streets, Sidewalks, and Other Public Places, Article I. In General; and Article IV. Parks and Recreation >by repealing Division 2. Jericho Lake Park and replacing it >with a new Division 2, Operation of Off Highway Recreational Vehicles
Be it ordained by the City Council of the City of Berlin, as follows:
WHEREAS, the City of Berlin is centrally located in an active area of All Terrain Vehicle (ATV) use, and
WHEREAS, the Berlin City Council recognizes the importance of connecting the Success Trails on the east side of the City to the Jericho Mountain State Park Trails located on the west side of the City to encourage the growth of ATV activity; and
WHEREAS, the City is aware that allowing ATV use on public ways may result in safety and nuisance issues; and
WHERAS, there is a need to properly regulate the public safety and nuisance potential which may arise from ATV use on public ways; and
WHEREAS, the City's experience with snowmobiles provides considerable experience and assurance that such use of ATV’s in public ways can be safely achieved
Be It Ordained by the City Council of the City of Berlin, as follows:
That The City Of Berlin Code Of Ordinances, Chapter 13, Streets, Sidewalks, and Other Public Places be amended as follows: Article I. In General; and Article IV. Parks and Recreation are hereby amended by Repealing Division 2. Jericho Lake Park and Replacing it with a new Division 2, Operation Of Off Highway Recreational Vehicles.
That Article I, In General, Sec. 13-11 Operations of snowmobiles be deleted in its entirety; Sec. 13-12. Use of public sidewalks to now be renumbered Sec. 13-11; Secs. 13-13—13-25. Reserved to now be renumbered Secs. 13-12—13-25 Reserved; and further
That Article IV. Parks and Recreation, Division 2. Jericho Lake Park be deleted in its entirety and replaced with the following new Division 2. Off Highway Recreational Vehicles.
Ordinance 2009-11R2
Page 2
DIVISION 2. OFF HIGHWAY RECREATIONAL VEHICLES
No person shall operate a snow traveling vehicle, which shall mean any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in whole or in part by skis, belts, cleats or low pressure tires, in or on any street, lane, bridge, alley sidewalk or other public place in the city. Any exceptions to this may be granted by the city council.
The following exceptions shall be authorized to permit the establishment of a snowmobile trail that will cross municipal property at the base of Mount Jasper, along the outside perimeter fence of the running track proceeding along the Dead River, Crossing the southwesterly portion of Memorial Field and permitting the crossing of Hillside Avenue at its intersection of Russell Street and the use of the easterly sidewalk on Hillside Avenue and between the rail crossing and the intersection of Hillside Avenue and Willow Street, then crossing over Cole Street at the Salvation Army driveway entrance to the easterly sidewalk on to access the municipal parking lot east of Cole Street and service stations along Green Street. Said trail shall be operated no earlier than 7:00 a.m. and no later than 11:00 p.m. which may be changed by a majority vote of the arbitration board receiving complaints on the use of this trail.
The arbitration board shall consist of the council safety committee who shall receive, research and act upon complaints and who may reduce the time of operations of the snowmobile trail subject to council approval. (Code 1977, § 6:801; Ord. of 12-14-92; Ord. of 11-29-93)
Sec 13-111. Operation of snowmobiles.
No person shall operate a snow traveling vehicle, which shall mean any vehicle propelled by mechanical power that is designed to travel over ice or snow supported in whole or in part by skis, belts, cleats, or low pressure tires, in or on any street, lane, bridge, alley, sidewalk or other public place in the city except as provided below:
The following exceptions shall be authorized to permit the establishment of a snowmobile trail that will cross municipal property at the base of Mount Jasper, along the outside perimeter fence of the running track proceeding along the Dead River, crossing the southwesterly portion of Memorial Field and permitting the crossing of Hillside Avenue at its intersection of Russell Street and the use of the easterly sidewalk on Hillside Avenue and between the rail crossing and the intersection of Hillside Avenue and Willow Street, then extending through the Dead River Park crossing over Cole Street at the Salvation Army driveway entrance to the easterly sidewalk on Cole Street being restricted to use the sidewalks to access the municipal parking lot east of Cole Street and service stations along Green Street.
The following exception shall be authorized to permit the establishment of a downtown snowmobile trail on the sidewalk on the south side of East Mason Street from the rail road bed at East Mason Street to the west crossing Unity Street and continuing along the south side sidewalk crossing both Mason Street Bridges to Main Street, crossing Main Street and continuing along the south side sidewalk of Mason Street to Pleasant Street, crossing Pleasant Street and continuing along the south side sidewalk of Mason Street to the southeast corner of Cole Street, turning south and continuing along the east side sidewalk of Cole Street to York Street, crossing York Street and continuing along the east side sidewalk of Cole Street to the point on the east side sidewalk of Cole Street immediately across the street from the entrance of the Dead River Park.
The following exception shall be authorized to permit the establishment of a branch of the aforementioned snowmobile trail which departs from the south side sidewalk of Mason Street at the Tondreau Parking Lot entrance and continues through the parking lot to the pedestrian bridge between the parking lot and the Public Service of New Hampshire Park on the Tondreau Peninsula, continuing across Public Service of New Hampshire park land to the Smith Hydro station at Glen Avenue, continuing across Glen Avenue to the Glen Avenue Park to a location between the gazebo and the tennis courts.
Ordinance 2009-11R2
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The following exception shall be authorized to permit the establishment of a snowmobile trail from the rail road bed as it intersects with the south side sidewalk of Coos Street, continuing east on the south side of Coos Street to Champlain Street, crossing Champlain Street and continuing on the south side of Coos Street to Burgess Street, crossing Burgess Street and continuing on the south side of Coos Street to Hillsboro Street, crossing Hillsboro Street and continuing on the south side of Coos Street to the intersection of Hutchins Street, crossing Coos Street from a point directly across from the south end of the Hutchins Street sidewalk at Coos Street, continuing northerly along the east side of Hutchins Street to the Dummer Yard and connecting to the State trail system at this location. Said trail shall travel over portions of the sidewalk and/or paved shoulder areas along Coos Street and Hutchins Street and shall cross all intersecting streets along Hutchins Street.
The speed limit on these ‘exception’ snowmobile trails is 10 mph, and snowmobile use of them is restricted to no earlier than 7:00 a.m. and no later than 11:00 p.m. Snowmobilers must yield to pedestrians at all times.
Complaints regarding snowmobile use of these trails shall be received by the Traffic Safety Committee, which may recommend changes to the Council. The Council shall have the power to change the times of such snowmobile use by vote without amendment to this ordinance
(Code 1977, § 6:801; Ord. of 12-14-92; Ord. of 11-29-93; Ord of 11-15-04)
Sec. 13-112. Operation of ATV's
No person shall operate an ATV, as defined by NH RSA 215-A:1, in or on any street, lane, bridge, alley, sidewalk or other public place in the city except as provided below:
In addition to the public trails at Jericho Mountain State Park, the following is an authorized municipal public ATV trail within the City of Berlin:
ATV Connector Trail - This authorized municipal trail runs from the Jericho Mountain State Park where it crosses a private road on property located at Map 410 Parcel 3 and Map 107 Parcel 5 currently owned by Allen Bouthillier and Edward Nash, respectively. The trail then enters Route 110 opposite the Lessard Farm Road and follows Route 110 southeasterly as it changes from Jericho Road to Wight Street and finally to Third Avenue. The trail continues to follow Third Avenue to Mannering Street and follows Mannering Street to Second Avenue to Hillside Avenue. The trail follows Hillside Avenue, for a short distance to just southwest of 4 Hillside Avenue (Valley Creek Eatery, Map 119, Parcel 261) where the trail crosses into the Dead River Park, or alternatively, to York Street (determined by how the trail is actually marked and signed) where it continues easterly to Cole Street. In the park the trail follows southeasterly to the southeast end of the Dead River Park. The trail then turns left onto Cole Street and follows a northeasterly direction to Mason Street where it follows Mason Street southeasterly to East Mason Street where it continues southeasterly to Hutchins Street where it follows Hutchins Street northeasterly to Success Pond Road where it follows Success Pond Road to the Berlin/Success line.
In places where the ATV Connector Trail authorized above follows City streets, the trail is so designated with green diamonds on the pavement, ATV signage and markings, which must be obeyed by the ATV operator.
The ATV Connector Trail shall not be open and usable until it is properly marked and signed as determined by the Police Chief.
Where an ATV operator is operating on the above designated trail on City streets and encounters an ATV stop sign, the operator must come to a complete stop, on the right, off of the pavement before proceeding.
ATV users in the City must abide by all State and City laws when on designated trails on City streets and must abide by all motor vehicle traffic laws.
The speed limit for ATV operators when operating on the designated trail on City streets is 25 mph.
Ordinance 2009-11R2
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ATV's must yield to pedestrians at all times and must, when on the designated trail on City streets, yield to vehicular traffic.
ATV operators, when operating on the designated trail on City streets, shall ride single file on the extreme right portion of pavement (not gravel shoulders) except when preparing to make a left turn.
ATV operators shall not leave the designated trail within the City except as may be specifically otherwise provided herein. A specific exception shall be that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of East Mason and Hutchins to cross the intersection to the fueling facility across that intersection, and further that an ATV operator may leave and return in the shortest possible route to the designated trail at the intersection of Cole and York or Cole and the Dead River Park to travel no more than a block and a half to the fueling facilities at the intersection of Green and Pleasant Streets.
Under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when there is snow on the street pavement, and under no circumstances will any part of the ATV Connector Trail on a city street be open and used by any ATV operator when the State opens the in-town snowmobile trails.
All ATV's operating on designated trails on City streets must have working head and tail lights.
Hours of Operation shall be from 7:00 a.m. until 11:00 p.m.
Complaints regarding ATV use of these trails shall be received by the Traffic Safety Committee, who may recommend changes to the Council. The Council shall have the power to change the times of such ATV use by vote without amendment to this ordinance.
Secs. 13-113 – 13-120. Reserved.
This Ordinance shall be in full force and effect from and after passage.
PASSED: _____________________
APPROVED: _____________________
Date
Mayor: _____________________
ATTEST: _____________________
City Clerk:_____________________