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• <br />• <br />• <br />WS — Item 2 <br />WORK SESSION STAFF REPORT <br />Work Session Item 2 <br />Date: January 7, 2008 <br />To: City Council <br />From: Captain Kent Strege <br />Re: Ordinance No. 02 -07, Snowmobiles and All Terrain Vehicles <br />Background <br />ATV Ordinance <br />Since passage of the updated Lino Lakes Snowmobile / All Terrain Vehicle ordinance, the city has <br />received requests for exemptions from the ordinance. One of the requests did not require an <br />exemption since the use on a county road would not violate city ordinance. Another request was for <br />an exemption that would allow a user to ride their ATV on or along city streets from their home to <br />property they own and work. <br />Discussion was held with the city attorney who indicated that granting exceptions to the ordinance <br />would hinder enforcement of the ordinance in general on an ongoing basis and would be counter to <br />the original intent of the ordinance to prevent ATV use on city roads. <br />A possible exemption was explored regarding a state statute exemption for agricultural purposes, but <br />state statute 84.928 Subdivision 1 (g) refers to this exemption as it pertains to "trunk, county state - <br />aid, or county highway," but not local streets. <br />Requested Council Direction <br />Based upon discussion with the city attorney and review of the state statute, it is recommended that <br />there not be exemptions to the ordinance. <br />