10/22/2007 Council Packet - Laserfiche WebLink

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ANOKA ANOKA COUNTY ATTORNEY ROBERT M.A. JOHNSON Government Center • 2100 Third Avenue • STE 720 • Anoka, MN 55303 -5025 (763) 323 -5550 • attornevaco.anoka.mn.us http://www.anokacounty.us/departments/co_attorney September 5, 2007 TO: Doug Fischer Anoka County Hig(iwa�j� ( Engineer \ FROM: Dan Klint Assistant County Attorney RE: Regulation of All- Terrain Vehicles Within County Right -of -Way The City of Lino Lakes is proposing to adopt Ordinance No. 02 -07, which in part relates to the operation of all- terrain vehicles within the City. Section 807.07, Subd. 2 of the Ordinance provides that: 807.07 OPERATION OF ALL - TERRAIN VEHICLES WITHIN THE CORPORATE CITY LIMITS: Subdivision 2. Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate an all- terrain vehicle within the corporate limits of the City of Lino Lakes in violation of the following provisions: 1. No person shall enter and operate an all- terrain vehicle on any roadway, street or highway within the corporate city limits of Lino Lakes. 2. No person shall enter and operate an all- terrain vehicle upon any bank or slope of any street or highway ditch within the corporate limits of the City of Lino Lakes... . The statute purports to make it unlawful to operate an all- terrain vehicle on any highway or upon any bank or slope of a highway within the corporate city limits of Lino Lakes. The City clearly does not have authority to ban the use of all- terrain vehicles on county highways or upon any bank or slope of a county highway ditch. The Lino Lakes Police Chief has contacted the County to see if the County would enact an ordinance or take some action to prohibit the use of all- terrain vehicles on any County highway or on the bank or slope of a county highway ditch. Affirmative Action / Equal Opportunity Employer