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Post by dano on Aug 30, 2009 11:24:28 GMT -5
Here is the latest....we meet with City Council Member Tim Cayer, who has been the lead person on the connector trail, he advised that the trail is all set as far as land owner's go, they have all given there permission for the trail to go through there property's. The ordinance is in draft form for atv's to use the city streets. I hope to have a map up soon. This draft is due to be in front of the entire council and mayor on Sept 8th at their regular meeting for it's first read. It is also due in front of the traffic safety board before the council meeting to be gone over and approved. I will try to get the draft ordinance place on the AVATV Club website(avatvclub.org) After this meeting there will need to be a public meeting and then back to council for final approval. If all goes well this should be on Sept 21st, 09. This is the meeting that we all need to be at to show support for this ordinance, if approved, then the AV ATV Club has been given the task to put the signs up and paint the green diamonds on the streets that we will use for the trail. The club is also going to hold a informational/training meeting open to the public to teach/show the regular public what is going to be coming to the streets of Berlin. I hope to have someone from Berlin PD, NH BoT & F&G. There was some talk about having a special grand opening some where in the middle of the trail with some sort of ribbon cutting...more to come on that later. If you have any questions please feel free to contact me... thanks and ride safe..
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Post by dano on Aug 30, 2009 13:11:47 GMT -5
Here is the draft ordinance. It also gives the route of the trail to be used by atv's.
THIS IS ONLY A DRAFT
AN ORDINANCE ESTABLISHING A CROSS-TOWN ATV TRAIL IN THE CITY AND AUTHORIZING LIMITED USE OF THE PUBLIC WAYS FOR THIS PURPOSE
WHEREAS, the City of Berlin is in an area which is at the center of so-called All Terrain Vehicle (ATV) use, and
WHEREAS, it is clearly important to the encouragement and the growth of this tourist and recreational development of the City that there be means to connect these various ATV areas to each other, and
WHEREAS, the City is aware of the possible safety and nuisance issues which allowing ATV use on public ways may result in, and
WHERAS, there is a need to balance the clear need to connect ATV use areas with each other through the City against the public safety and nuisance potential which may, if not properly regulated, arise from ATV use on public ways, and
WHEREAS, the City's experience with snowmobiles provides considerable experience and assurance that such use can be safely achieved
NOW THEREFORE BE IT ORDAINED that Chapter 13, Streets Sidewalk and other Public Places of the City Code of Ordinances is hereby amended by inserting a new Section 13-11a to read as follows:
"Section 13-11a. 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:
Cross-town ATV Trail - This authorized municipal public trail runs from the Jericho State Park where it meets with the private road on property of Bouthillier/Nash following that private road to Route 110 opposite the Lessard Farm Road and following Rt. 110 southeasterly to Third Avenue and following Third Avenue to Mannering Street and following Mannering Street to Hillside Avenue and following Hillside Avenue for a short distance to just southwest of the Valley Creek Eatery where the trail crosses into the Dead River Park where it follows southeasterly to the southeast end of the Dead River Park and enters Cole Street where it follows Cole Street northeasterly to Mason Street where it follows Mason Street southwesterly to East Mason where it continues southwesterly to Hutchins Street (assumes Unity and Coos here are renamed to Hutchins which is a current proposal) where if follows Hutchins Street northeasterly to Success Pond Road where it follows Success Pond road to the Berlin/Success line.
Where the above authorized ATV trail follows City streets, the trail is so designated with green diamonds on the pavement and ATV signage and markings which must be obeyed.
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 and when on designated trails on City streets 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.
ATV's must yield to pedestrians at all times and must when on the designated trail on City streets yield to motor vehicular traffic.
ATV operators, when operating on the designated trail on City streets, shall ride single file on the extreme right hand portion of pavement (not gravel shoulders) except when preparing to make a left hand turn. ATV operators shall not leave the designated trail within the City except as may be specifically otherwise provide herein.
All ATV's operating on designated trails on City streets must have working head and tail lights.
Hours of Operation?
Complaints regarding ATV 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 ATV use by vote without amendment to this ordinance.
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rabid
Full Member
Posts: 126
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Post by rabid on Aug 31, 2009 11:23:46 GMT -5
You'll need to change the draft to include UTVs beyond the ATV definition, and OHM (Off-highway motorcycles) that are not road registered.
And State statute is very specific on the speed being 10mph.
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Post by dano on Aug 31, 2009 18:39:55 GMT -5
I spoke to Tim Cayer about the draft ordiance, he will add utv's and dirt bikes in the language.
As far as the speed limit goes, the city is setting the speed limit as an oridance, which the city can in the confines of the city limits. As they are also allowing the atv's, utv's and dirt bikes on the roadway.
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Post by gotmoxie on Aug 31, 2009 19:11:46 GMT -5
I spoke to Tim Cayer about the draft ordiance, he will add utv's and dirt bikes in the language. As far as the speed limit goes, the city is setting the speed limit as an oridance, which the city can in the confines of the city limits. As they are also allowing the atv's, utv's and dirt bikes on the roadway.VI. Seems like OHRV WOULD WORK TOO. ""Off highway recreational vehicle'' means any mechanically propelled vehicle used for pleasure or recreational purposes running on rubber tires, tracks, or cushion of air and dependent on the ground or surface for travel, or other unimproved terrain whether covered by ice or snow or not, where the operator sits in or on the vehicle. All legally registered motorized vehicles when used for off highway recreational purposes shall fall within the meaning of this definition; provided that, when said motor vehicle is being used for transportation purposes only, it shall be deemed that said motor vehicle is not being used for recreational purposes. For purposes of this chapter ""off highway recreational vehicle'' shall be abbreviated as OHRV. OHRVs shall not include snowmobiles as defined in RSA 215-C. 215-A:1 Definitions. – X. ""Public way'' means any public highway, street, sidewalk, avenue, alley, park or parkway, or any way that is funded by state, city, town, county, or the federal government, or laid out by statute, or any parking lots open for use by the public or vehicular traffic, or any frozen surface of a public body of water; provided, however, the off highway portion of any trail established specifically for OHRVs shall not be a public way. XVII. "Trail connector'' means that specific portion of an OHRV trail or cross country ski trail on which an OHRV trail maintenance vehicle may operate authorized within a state highway right-of-way by the department of transportation. IX. Pursuant to RSA 215-A:15, city or town councils and boards of selectmen may authorize the use of sidewalks and class IV, class V or class VI highways and bridges, or portions thereof, for use by OHRVs. The operation of OHRVs may also be allowed on sidewalks adjacent to class I, II, III, or III-a highways pursuant to RSA 236:56, II(e). Operators of OHRVs using said roads, or portions thereof, shall keep to the extreme right and shall yield to all conventional motor vehicle traffic. The bureau, or its designee, shall so post such highways where authorized. Following a duly noticed public hearing, except in the case of an emergency closure, such city or town authorities may change the allowable usage of a class IV, class V, or class VI highway by OHRVs by giving notification to the supervisor of the bureau and removing any signs that no longer apply. 215-A:6 Operation of All OHRVs. – III(b). (2) 10 miles per hour on class I through VI highways when the OHRV is being operated within the rights-of-way adjacent to such highways; town or city sidewalks; class IV, V, and VI highways approved for OHRV operation; and bridges open for OHRV operation. (3) 10 miles per hour at trail junctions or parking lots, or when passing trail grooming equipment. (4) 15 miles per hour on plowed roads on department of resources and economic development property open to OHRV operation. (5) 35 miles per hour on all trail connectors.25mph is a good compromise between 10mph for riding Adjacent to the road or 15mph riding in the road between the Snow Banks and 35mph for a "Trail Connector" and I'm carring a chain saw for Erik A. ;D
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Post by gotmoxie on Aug 31, 2009 19:26:27 GMT -5
Dano; What about the age requirement for Driving on the Road? ???Just wonderin'
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rabid
Full Member
Posts: 126
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Post by rabid on Aug 31, 2009 19:47:33 GMT -5
Trail connector is specific to a State highway... and within the Right-of-Way where a trail groomer would run. I believe this is a city street.
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Post by dano on Aug 31, 2009 20:04:43 GMT -5
Higgy, As for the age's, the city is going to use the rules that are in place alreay.
Rabid, The city coucil and the traffic safety comm are going to discuss the hours of operation. They are going to talk about moving the trail to the existing sonwmobile trail that already exist and stays off the city streets.
It is still a work in progress and only in draft form....changes are expected...
thanks for the input....
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Post by dano on Sept 2, 2009 19:25:18 GMT -5
Check our website, avatvclub.org for the map for the city trail.....
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Post by dano on Sept 11, 2009 17:59:15 GMT -5
On Sept 8, the Berlin City Council heard the first reading on the ordinance. There is 2 week waiting period and then a public hearing. The public hearing is on Sept 21st, at 6:30 pm at Berlin City Hall. This is a very important meeting for the City connector trail. We need people that support this ordinance to show up at this hearing. You do not have to speak, unless you want to.
The map is on the web site. Hope to see you all there....
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Post by Hunter on Sept 12, 2009 13:31:58 GMT -5
Hello, I was wondering if there a set date for the opening of the trail. I live a few hundred feet from the trail, so i can't wait for it to open.
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Post by dano on Sept 12, 2009 19:46:48 GMT -5
Hunter, There has been no date for the trail to open. There is still a lot of work to do before the trail can be open. The signs have to placed and there are green diamonds that have to be painted on the trail itself(roadway/streets). There is also a line of trees along Hutchins St to be removed. I will post a date as soon as I hear of one....
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Post by Hunter on Sept 13, 2009 11:07:10 GMT -5
Alright, thanks.
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Post by dano on Sept 22, 2009 17:43:08 GMT -5
another update............
On Sept 21, the Berlin City Council passed ordinance 2009-11r2 which is the ATV connector trail through the city of Berlin. It passed 7 to 1. The has only just begun. There is still a lot of work to be done on the trail before it can open. There are signs that have to be put up and some painting on the streets that need to be painted. Of course the Berlin Police Chief has to OK it before the trail is open to any riding.
I will post the updated completed ordinance once I get it.
Thanks for all that helped make the trail happen. A lot of work has been done to make this trail possible and a lot more has to happen to open it and keep it open...
A large step forward for atv'ing... ;D
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Post by dano on Sept 27, 2009 8:53:20 GMT -5
Here is the final approved ordinance. This was approved on Sept 21th, 2009.
New Language = double underline Deleted Language = Strikethrough
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 Page 3
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 Page 4
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
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