City of Berlin

AN ORDINANCE amending the CODE OF ORDINANCES, Chapter 13, STREETS, DIVISION 2 Operation of Off Highway Recreational Vehicles, Sec. 13-112.  Operation of OHRV’s  

Be it ordained by the City Council of the City of Berlin, as follows: 

That Sec. 13-112. is hereby amended as depicted below. 

Sec.  13-112. Operation of OHRV’s 

No person shall operate an OHRV, 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:  

1. In addition to the public trails at Jericho Mountain State Park, the following is an authorized municipal public OHRV trail within the City of Berlin: 

a) The City of Berlin’s roadways, within the urban compact, will be open to OHRV riders for the purposes of accessing the designated Connector OHRV Trail, (via the shortest possible route) as well as accessing local businesses and services.  Riding on municipal streets for any other purpose is prohibited with the exception of Sec. 13-112 (4). 

b) On City streets, OHRV signage and markings, as well as traffic signs and signals which must be obeyed by the OHRV operator. (Ord 5/15/2017) 

c) The Berlin OHRV Connector Trail and the City of Berlin’s roadways will be closed to OHRV riders when the Bureau of Trails declares that the snow machine trails are no longer useable. The connector trail will re-open on May 23, or a reopen date set by the State Trails Bureau. Berlin’s roadways will reopen accordingly. (Ord. 4/02/2012)(Ord. 5/04/2015) 

d) OHRV Connector Trail - This authorized municipal trail runs where marked from the Jericho Mountain State Park to Route 110 and follows Route 110 southeasterly as it changes from Jericho Road to Wight Street. The trail continues to follow Wight St. to Hillside Avenue, for a short distance to York Street (determined by how the trail is actually marked and signed) where it continues easterly to Granite Street. The trail then turns onto 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. This authorized municipal trail includes the section of East Mason Street from the RR tracks east of Hutchins Street to Hutchins Street. (Ord. 9/20/2010) (Ord. 4/02/2012) (Ord 5/15/2017) 

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e) Any person who violates the provisions of this article shall be guilty of a violation, punishable by a fine as follows: All violations are subject to a loss of OHRV operating privileges on City streets, NOT including the OHRV Connector trail.  (Ordinance 2/17/2014) 

First offense, $100.00 fine. Second offense, $250.00 fine. Third offense, $500.00 fine. 

2. OHRV 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.  However, all unlicensed operators shall be accompanied by a responsible adult who is 25 years of age or older and is a licensed driver (Pursuant to RSA Chapter 263).  The person accompanying the unlicensed driver shall be liable for the violation of any provision of this section or rules adopted rules hereunder committed by such unlicensed driver. (Ord. 5/15/2017) 

a) OHRV’s must yield to pedestrians at all times. (Ord. 9-20-2010)  b) OHRV operators, when operating on the designated trail on City streets, shall ride single file in traffic in the paved travel lane (not gravel or paved shoulders).  c) There will be no OHRV riders on City streets between the hours of 10:00 p.m. through 6:00 a.m. unless authorized by the City Council during special events. (Ordinance 2/17/2014) e) All OHRV’s operating on designated trails on City streets must have working head and tail lights. 

3. Complaints regarding OHRV 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 OHRV use by vote without amendment to this ordinance. (Ord. 4-2-2012) 

4. Anything above to the contrary notwithstanding, the City Council may, at any time by City Council motion, open up some or all streets in the City to OHRV use for named special events not to exceed two consecutive days in length; or in the event of temporary OHRV trail obstructions or other matters determined by the Council to require temporary OHRV street use for a length of time determined appropriate by the Council. If and when such City Council approval is given, City street use by OHRV’s shall still be subject to all of the requirements listed above for OHRV use of the authorized connector trail. (Ord. 5-21-2012) (Ord. July 16, 2012) 

 This Ordinance shall be in full force and effect from and after passage.