Chapter 34 TRAFFIC* *Cross references: Any ordinance establishing traffic or parking regulations on any street or public way, including traffic schedules saved from repeal, 1-9(10); junked and abandoned vehicles, 16-61 et seq.; law enforcement, ch. 20; offenses and miscellaneous provisions, ch. 22; trucks and motor vehicles for collection of solid waste, 26-38; streets, sidewalks and other public places, ch. 30. State law references: Traffic regulations, Minnesota Statutes 169.01 et seq.; local authority, Minnesota Statutes 169.04. Article I. In General Sec. 34-1. State act adopted by reference. Secs. 34-2--34-30. Reserved. Article II. Operation Sec. 34-31. Unnecessary acceleration. Secs. 34-32--34-60. Reserved. Article III. Parking Division 1. Generally Sec. 34-61. Definitions. Sec. 34-62. Parking during snow removal. Sec. 34-63. Owner responsible. Sec. 34-64. Moving of vehicle required. Sec. 34-65. Impounding vehicles. Sec. 34-66. Trucks. Sec. 34-67. Parking and Storage Prohibition. Sec. 34-68. Penalties. Secs. 34-68--34-100. Reserved. Division 2. Snow Removal Sec. 34-101. Personal properties. Sec. 34-102. Prohibition. Secs. 34-103--34-135. Reserved. Article IV. Snowmobiles and Off-Road Vehicles Rules and Regulations Division 1. Snowmobiles Sec. 34-136. Definitions. Sec. 34-137. Uses specifically prohibited. Sec. 34-138. Crossing a public road right-of-way. Sec. 34-139. Traffic ordinances applicable. Sec. 34-140. Yielding right-of-way. Sec. 34-141. Operation; persons under 18. Sec. 34-142. Equipment required. Sec. 34-143. Ignition lock. Sec. 34-144. Emergencies, operation permitted. Sec. 34-145. Uses prohibited; animals. Sec. 34-146. Established Riding Area. 187
Sec. 34-147. Exemptions Division 2. Off Road Vehicles Sec. 34-160. Definitions. Sec. 34-161. Uses specifically prohibited. Sec. 34-162. Crossing a public road right-of-way. Sec. 34-163. Traffic ordinances applicable. Sec. 34-164. Yielding right-of-way. Sec. 34-165. Youthful Operators. Sec. 34-166. Equipment required. Sec. 34-167. Ignition lock. Sec. 34-168. Emergencies, operation permitted. Sec. 34-169. Uses prohibited; animals. Sec. 34-170. Established Riding Area. Sec. 34-171. Exemptions Article V. Recreational Motor Scooter, Motorized Push Scooter and Motorized Skateboard Rules and Regulations Sec. 34-200. Purpose and intent. Sec. 34-201. Unlawful Operation - 50 CC Motors or Less. Secs. 34 202 34 299. Reserved. 188
ARTICLE I. IN GENERAL Sec. 34-1. State act adopted by reference. Minnesota Statutes ch. 169, known as the Highway Traffic Regulation Act, is adopted as a traffic ordinance regulating the use of streets and is incorporated and made a part of this chapter as completely as if set out in full in this section. State law references: Traffic regulations, Minnesota Statutes ch. 169; local authority, Minnesota Statutes 169.04. Secs. 34-2--34-30. Reserved. 189
ARTICLE II. OPERATION Sec. 34-31. Unnecessary acceleration. Any person who accelerates a motor vehicle in the city at an unnecessarily great rate, or in a manner that causes the wheels to spin upon the roadway, or causes illegal exhaust noise is guilty of a petty misdemeanor. Secs. 34-32--34-60. Reserved. 190
ARTICLE III. PARKING* *Cross references: Off-street parking and loading, 40-601 et seq. DIVISION 1. GENERALLY Sec. 34-61. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Motor vehicle means all vehicles propelled by any means other than muscular power. Cross references: Definitions generally, 1-2. Sec. 34-62. Parking during snow removal. Upon notice by any police officer, employee or official of the city or when special signs declaring a snow removal emergency are posted along and/or on a street, highway or alley, no person shall park a motor vehicle on that street, highway or alley within the city until the snow removal has been completed. Notice means a written warning ticket placed on the vehicle involved or actual personal notice to the registered owner of the vehicle. An unsuccessful attempt to locate the registered owner by telephone or personal contact of the need to move the vehicle or informing a person of suitable age and discretion who is normally at the registered owner's place of business or residence of the need to move the vehicle shall be deemed sufficient notice. Sec. 34-63. Owner responsible. The presence of a vehicle in or upon any public street, alley or highway in the city, stopped, standing or parked in violation of this article shall be prima facie evidence that the person in whose name the vehicle is registered as owner has committed or authorized the commission of such violation. Sec. 34-64. Moving of vehicle required. Notwithstanding any other provision in this article, upon order of an authorized peace officer, the owner or operator of any vehicle shall remove his vehicle from where it is parked immediately upon receiving the order. If the owner or operator fails to move the vehicle, the peace officer may have it removed at the expense of the owner or operator, who shall be liable for the cost of removal and storage. Sec. 34-65. Impounding vehicles. Any vehicle left parked or standing on any public street, alley or highway in the city in violation of any of the provisions of this division is declared to be a nuisance and may be removed by means of towing or otherwise, under the direction of or at the request of a police officer. The vehicle shall be surrendered to the duly identified owner or his agent only upon payment of all necessary costs and expenses in towing, removing and storage. Impounding a vehicle pursuant to this section does not prevent or preclude the institution and prosecution of proceedings for violation of this division against the owner or operator of such impounded vehicle. The city is not responsible for any damage to the vehicle removed and impounded in accordance with the provisions of this section. Sec. 34-66. Trucks. (a) Parking trucks restricted. It is unlawful for any person owning, driving or in charge of a vehicle of any of the types specified in subsection (a)(1)--(4) to cause or permit the vehicle to be parked on any residential property or on any public street in the city. This prohibition applies to the following vehicles and other similar vehicles: (1) Any bus designed to carry more than nine persons. (2) Any motor vehicle licensed for more than 12,000 pounds gross weight. (3) Any tractor, truck tractor, truck trailer or any type of truck trailer. (4) Any cube type, step-van/step/truck type, flat bed, tow truck or dump box type pickup truck, or similar type vehicles. (b) Exceptions. Subsection (a) of this section does not apply to the following vehicles: (1) Any motor truck, pickup or similar vehicle being used by a public utility, moving company or similar vehicle being used by a public utility, moving company or similar company, which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. (2) Any vehicle which is actually making a pickup or delivery at the location where it is parked. Parking shall not be for any period of time beyond that reasonably necessary to make such pickup or delivery. (3) Recreational vehicles and equipment. 191
(4) Any vehicle with respect to which a permit has been issued by the city. (c) Trucks prohibited. No truck licensed for over 12,000 pounds gross weight may be driven on any street in the city unless a permit is obtained from the city clerk-administrator, except that: (1) Any truck properly licensed by the state may be driven on East Viking Boulevard, Fallbrook Street, Railroad Boulevard from East Viking Boulevard to the sanitary landfill, and all state highways and county roads. (2) The following vehicles may be driven on any other street: (d) Permanent weight restrictions. a. Vehicles being operated under a license from the city. b. Utility maintenance and service trucks. (1) Except as otherwise provided in this ordinance or as posted, no vehicle having an axle weight in excess of five tons shall use or travel upon any road under the jurisdiction of the city. The public works Superintendent shall post any roads under the jurisdiction of the city which have a weight limit of less than five tons per axle with appropriate signs. (2) The restrictions imposed in (1) do not apply to municipal vehicles, public safety vehicles, septic trucks, delivery trucks with a residential delivery address on the posted city road, garbage or recycling vehicles while on their collection routes, school buses or agricultural equipment servicing adjacent property. (e) Seasonal Weight Restrictions. (1) The public works Superintendent shall determine the seasonal weight restrictions to be applied to all roads under the jurisdiction of the city and the dates during which such limitations shall apply. The public works Superintendent shall post city roads with signs indicating the applicable weight limitations and make that information available through such other means as may be appropriate, including on the city s website. (2) The restrictions imposed in subdivision (1) do not apply to municipal vehicles, public safety vehicles, septic trucks, delivery trucks with a residential delivery on the posted city road, garbage or recycling vehicles while on their collection routes, school buses or agricultural equipment servicing adjacent property. All such vehicles and equipment shall be posted tons per axle during the period of seasonal weight limits. (f) Administrative regulation of roads. The public works Superintendent shall monitor the condition of all roads under the jurisdiction of the city. Whenever the public works Superintendent determines that the use of any city road has or is likely to endanger public health or safety or that such use has or may damage or destroy the road due to any condition, including but not limited to road deterioration, rain, snow, climatic conditions, or soil or subsurface conditions, the public works Superintendent may regulate, restrict, or prohibit traffic on the road. The public works Superintendent may set conditions or limitations on the use of the road to protect public health and safety or to prevent damage to the road, including requiring that a letter of credit or other financial guarantee be posted to compensate the city for damage to the road, establishing haul routes and restricting hours of operation. Any person aggrieved by a decision of the public works Superintendent regarding regulation of traffic under this section may appeal that decision to the city council. The city council may continue, modify or terminate the regulations as it deems appropriate in order to protect public health and safety and to prevent or minimize damage to city roads. (g) 915.09. Minnesota Statutes, Chapters 168, 169 and 171 adopted by reference. (1) Except as otherwise provided in this ordinance, the regulatory and procedural provisions of Minnesota Statutes, Chapter 168, Chapter 169 and Chapter 171, as amended, are hereby incorporated herein and adopted by reference. (h) Violations and liabilities for damages. (1) Any person violating this ordinance shall be guilty of a misdemeanor for each such violation. In addition to the driver or operator, the owner of any vehicle operated with the owner s permission or consent shall also be liable for any violation of this ordinance. Any person who violates a duly established weight or other vehicle restriction shall be liable to the city for the full amount of the damages caused by such violation. Sec. 34-67. Parking and Storage Prohibition. (1) No person shall park any motorized vehicle or non-motorized vehicle on any street, highway, road or thoroughfare within the City of Wyoming between the times of 2:00 a.m. and 6:00 a.m. (2) No person shall place or store roll-off refuse containers within any city right-of-way. ORDINANCE NO. 06-18-01B & 2013-03 Sec. 34-68. Penalties. Any person violating any provision of this article shall be guilty of a petty misdemeanor. Secs. 34-68--34-100. Reserved. DIVISION 2. SNOW REMOVAL 192
Sec. 34-101. Personal properties. (a) Mailboxes damaged during snow removal will be evaluated on a case-by-case basis. Only the mailboxes that are damaged by actual contact with city equipment will be repaired at city expense. (b) The city will not be liable for damage to fences, vehicles and other objects parked or placed on city rights-of-way. Sec. 34-102. Prohibition. (a) No person shall park or leave standing any vehicle upon any street in the city after a snowfall of two or more inches, nor upon any street which is covered or had deposited on it two or more inches of snow, until snow has been plowed from curb to curb. If any vehicles are removed under the direction of any peace officer, city maintenance department employee, or the city clerk-administrator, within 72 hours of the removal or impounding, notice shall be given by the peace officer or city employee to the owner of record of such vehicle. Notice may be given in person, by telephone, or, if necessary, by letter. No vehicle will be released until all fines and towing charges has been paid in full. The city does not assume any responsibility for any damage done during towing or impounding of such vehicles. (b) No person shall remove snow from private driveways or parking lots and deposit snow onto or across any public street. However, the city council may grant permission in exceptional circumstances. (c) The owner or resident of any property abutting any public sidewalk shall be obligated to remove all ice and snow. All ice and snow from the sidewalk shall be removed within 24 hours after the ice or snow has ceased to fall. (d) It shall be the responsibility of the owner or resident of any property to remove snow around mailboxes. (e) There shall be no temporary obstructions such as garbage containers, rubbish, etc., placed on the boulevard or street in such a manner as to interfere with snowplowing operations by the city. Secs. 34-103--34-135. Reserved. 193
ARTICLE IV. SNOWMOBILES AND OFF-ROAD VEHICLES RULES AND REGULATIONS DIVISION 1. SNOWMOBILES Sec. 34-136. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: (1) Commissioner: The Commissioner of the Department of Natural Resources. (2) Deadman throttle or safety throttle: A device which when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism. (3) Established Riding Area: Means trails or area on a lot used by a snowmobile. (4) Natural terrain: Areas other than roadways, driveways (private or public), parking lots and other areas the surface of which has been intentionally modified for motor vehicle operation thereon. (5) Operate: To ride in or on and have control of the operation of a snowmobile. (6) Operator: Every person who operates or is in actual physical control of a snowmobile. (7) Owner: A person, other than a lienholder, having the property in, or title to, a snowmobile entitled to the use or possession of the snowmobile. (8) Public Roads: Any city, municipal, county, state or federal road or highway. (9) Residential Subdivision: A plat that legally describes parcels by lot and block numbers. (10) Right Of-Way: The entire strip of land traversed by any highway, street, county road or roadway easement for the purpose of vehicle travel, and includes the entire width of the land dedicated or acquired by law for right-of-away purposes. (11) Roadway: That portion of the improved right-of-way designed or ordinarily used for vehicle travel, including the shoulder. (12) Snowmobile: A self-propelled vehicle designed for travel on snow or ice and steered by skis or runners. Sec. 34-137. Uses specifically prohibited. Except as specifically permitted and authorized in this Division, it is unlawful for any person to operate a snowmobile not licensed as a motor vehicle under the following conditions within the city: (1) On the portion of any right-of-way of any public highway, street, road, trail or alley used for motor vehicle travel; except: (a) (b) (c) A snowmobile may operate upon the right-hand lane of a municipal street or alley and may in passing or making a left turn operate on other lanes which are used for vehicle traffic in the same direction, for purposes of going to or returning from a nonhighway area of permissible operation, by the most direct route. Snowmobiles may also be operated upon the ditch bottom or the outside bank of trunk, county state-aid, and county highways where such highways are so configured within the corporate limits. Nothing in this ordinance is intended to prohibit the crossing of a City or County Right-of-Way, which is otherwise allowed by Minnesota Statues 84.87 and 84.928. Nothing in this ordinance is intended to prohibit the operation of a snowmobile upon a waterway, the shoulder, inside bank, or slope of any public highway, street, road, trail, or alley as permitted by Minnesota Statute s 84.87, Subd. 3. (2) No person shall operate a snowmobile on any street in the city between the hours of 10:00 p.m. and 6:00 a.m. Sunday through Thursday, or between the hours of 12:00 midnight and 6:00 a.m. on Friday and Saturday, except going to or from their usual place of residence at a reduced speed and using the most direct route. (3) On a public sidewalk provided for pedestrian travel. (4) On private property of another without lawful authority or permission of the owner or occupant. (5) On public grounds, park property, playgrounds, recreational areas without the express provision or permission to do so by the city. (6) Snowmobiles shall not exceed a speed of 20 M.P.H. on local city streets. (7) At a rate of speed greater than reasonable or proper under all surrounding circumstances. (8) At any place in a careless, reckless or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property. (9) In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of another person. (10) To tow any person or thing except through use of a rigid tow bar attached to the rear of the snowmobile. (11) At any place while under the influence of alcohol or drugs as defined in Minnesota Statutes 169A. 194
(12) Within one hundred (100) feet of any fisherman, pedestrian, skating rink, or sliding area where the operation would conflict with use, or endanger other persons or property. (13) On boulevards within any public right-of-way. (14) On a trail not specified for snowmobile use. Sec. 34-138. Crossing a public road right-of-way. A snowmobile may make a direct crossing of a public road right-of-way, other than an interstate highway or freeway, provided: (1) The crossing is made at an angle of approximately ninety (90) degrees to the direction of the road and at a place where no obstruction prevents a quick and safe crossing. (2) The snowmobile first comes to a complete stop at the edge of the shoulder or the main-traveled way of the road. (3) The operator yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. (4) In crossing a divided road, the crossing is made only at an intersection of the road with another public road; and (5) If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or, in conditions of reduced visibility, only if both front and rear lights are on. Sec. 34-139. Traffic ordinances applicable. (1) City and State traffic regulations shall apply to the operation of snowmobile upon streets and highways, except for those relating to required equipment, those, which by their nature have no application, and those inconsistent with the provisions in this article. Sec. 34-140. Yielding right-of-way. No snowmobile shall enter any intersection without yielding the right-of-way to any vehicles or pedestrians at the intersection, or so cross the intersection as to constitute an immediate hazard. Sec. 34-141. Operation; persons under 18. No person under fourteen (14) years of age shall operate a snowmobile on streets or the roadway surface of highways or make a direct crossing of a trunk, county state-aid, county highway, or city streets. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile as permitted under this Division and make a direct crossing of the streets and highways only if he has in his immediate possession a valid safety certificate issued by the Commissioner, as provided by Minnesota Statutes 84.872 or 84.9256. Sec. 34-142. Equipment required. It is unlawful for any person to operate a snowmobile any place within the limits of the city unless it is equipped with the following: (1) Standard mufflers which are properly attached and which reduce the noise of operation of the motor to the minimum necessary for operation. (a) No person shall use a muffler cutout, bypass straight pipe, or similar device on a snowmobile motor. (2) Brakes adequate to control the movement of and to stop and hold the snowmobile under any condition of operation. (3) A safety, or so-called deadman throttle in operating condition. (4) When operated between the hours of one-half hour after sunset and one-half hour before sunrise or at a time of reduced visibility, at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness and under normal atmospheric conditions. The headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. It shall also be equipped with at least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during hours of darkness under normal atmospheric conditions. (5) Reflective material at least sixteen (16) square inches on each side, forward of the handlebars or steering device of a snowmobile and at the highest practical point on any towed object, as to reflect light at a 90-degree angle. Sec. 34-143. Ignition lock. Every person leaving a snowmobile on a public place or way shall lock the ignition, and remove and take the keys with him. Sec. 34-144. Emergencies, operation permitted. Notwithstanding any other provisions in this article, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time and at locations where snow upon the roadway renders travel by automobile impractical. Sec. 34-145. Uses prohibited; animals. It is unlawful to intentionally drive, chase, run over, or kill any animal with a snowmobile. 195
Sec. 34-146. Established Riding Area. (1) The use of a snowmobile within an established riding area is not allowed on a lot or parcel of land of less than two (2) acres in size or within residential subdivisions. (2) A snowmobile established riding area may be used on lots of two (2) acres or greater in size located within the City on the condition that the riders shall adhere to the following: (a) (b) (c) (d) The established riding area for a snowmobile is to be located no closer than three hundred (300) feet of a building occupied by humans or livestock, unless the building is also owned by the owner of the established riding area. Dust and noise control measures are to be maintained by the property owner or occupant. These dust and noise control measures are to be enforced by the City if other properties are adversely affected by dust and noise due to snowmobile use. The owners affected must file a written complaint with the City. 1. Dust control measures shall include, but are not limited to, the planting of twelve (12) foot high coniferous trees planted ten (10) feet on center, or the construction of a six (6) foot minimum board on board style fence, as approved by the City. 2. A snowmobile must have a factory approved exhaust. The noise emission may not exceed one hundred five (105) decibels at a distance of 20 inches during operation, and mufflers may not be altered to increase motor noise, or have a cut out bypass, or similar device. No more than four (4) riders may operate a snowmobile on the property. A snowmobile may only be operated on the property during the following times: Monday through Friday, 9:00 a.m. through 7:00 p.m.; and Saturdays and Sundays, 10:00 a.m. through 7:00 p.m. Operation of a snowmobile must cease for a minimum of one (1) hour after every two hours of riding. Operation of a snowmobile shall not be allowed on either primary or secondary septic sites. Sec. 34-147. Exemptions With the exception of Sec. 32 146, the following uses are exempt from this Ordinance: (1) Any snowmobile used for the purpose of property maintenance. (2) Any agent or employee of any road authority, law enforcement or public safety agency, or any agent or employee of the Minnesota Department of Natural Resources or any other governmental body in conducting official business. (3) Any organized track-racing event that is required to be registered with the Department of Natural Resources. Secs. 34 148 34 159. Reserved. 196
DIVISION 2. OFF ROAD VEHICLES Sec. 34-160. Definitions. The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: (1) All-terrain vehicle: A motorized vehicle of not less than three, but not more than six low pressure or non-pneumatic tires, that is limited in engine displacement of less than 1,000 cubic centimeters and includes a class 1 all-terrain vehicle and class 2 all-terrain vehicle. (a) (b) Class 1 all-terrain vehicle: An all-terrain vehicle that has a total dry weight of less than 1,200 pounds. Class 2 all-terrain vehicle: all-terrain vehicle that has a total dry weight of 1,200 to 1,800 pounds. (2) Commissioner: The Commissioner of the Department of Natural Resources. (3) Deadman throttle or safety throttle: A device which when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism. (4) Established Riding Area: Means trails or area on a lot used by an off-road vehicle. (5) Go-Cart: A motorized miniature vehicle capable of achieving speeds in excess of ten miles per hour and commonly used on courses or racetracks specifically designed for such vehicles. (6) Golf Cart: A motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour. Golf carts shall have no increased power, wheel base or tire modifications from a standard manufactured gas or electric golf cart. (7) Motorized Dirt Bike: A two (2) wheeled vehicle being capable of cross-country travel on natural terrain without benefit of a road or trail. (8) Natural terrain: Areas other than roadways, driveways (private or public), parking lots and other areas the surface of which has been intentionally modified for motor vehicle operation thereon. (9) Off-Highway Motorcycle: a motorized, off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under MN Statutes Chapter 168 for highway use if it is also used for off-highway operation on trails or unimproved terrain. (10) Off-Road Vehicle: Any motor vehicle which can be operated cross-country without benefit of a road or trail over land, snow, and other natural terrain, and includes, but is not limited to, all of the following: Multi-track and multi-wheeled vehicles, all-terrain vehicles (ATV), off-highway motorcycles, go-carts, and related two (2), three (3), and four (4)-wheeled vehicles, amphibious machines (water to land, and back), hovercraft, and any other vehicles that use mechanical power, including two (2) and four (4)-wheel drive (4WD) vehicles that are highway registered, when operated off highways and roads. This definition does not include snowmobiles. (11) Operate: To ride in or on and have control of the operation of an off-road vehicle. (12) Operator: Every person who operates or is in actual physical control of an off-road vehicle. (13) Owner: A person, other than a lienholder, having the property in, or title to, an off-road vehicle, entitled to the use or possession of the off-road vehicle. (14) Public Roads: Any city, municipal, county, state or federal road or highway. (15) Residential Subdivision: A plat that legally describes parcels by lot and block numbers. (16) Right Of-Way: The entire strip of land traversed by any highway, street, county road or roadway easement for the purpose of vehicle travel, and includes the entire width of the land dedicated or acquired by law for right-of-away purposes. (17) Roadway: That portion of the improved right-of-way designed or ordinarily used for vehicle travel, including the shoulder. (18) Snowmobile: A self-propelled vehicle designed for travel on snow or ice and steered by skis or runners. Sec. 34-161. Uses specifically prohibited. Except as specifically permitted and authorized in this Division, it is unlawful for any person to operate an off-road vehicle not licensed as a motor vehicle under the following conditions within the city: (1) On the portion of any right-of-way of any public highway, street, road, trail or alley used for motor vehicle travel unless in accordance with Minnesota Statues 84.928. (a) Nothing in this ordinance is intended to prohibit the crossing of a City or County Right-of-Way, which is otherwise allowed by Minnesota Statues 84.928. (2) On a public sidewalk provided for pedestrian travel. (3) On private property of another without lawful authority or permission of the owner or occupant. (4) On public grounds, park property, playgrounds, recreational areas without the express provision or permission to do so by the city. 197
(5) Class 1 ATVs shall not exceed a speed of 20 M.P.H. on local city streets. (6) At a rate of speed greater than reasonable or proper under all surrounding circumstances. (7) At any place in a careless, reckless or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property. (8) In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of another person. (9) To tow any person or thing except through use of a rigid tow bar attached to the rear of the off-road vehicle. (10) At any place while under the influence of alcohol or drugs as defined in Minnesota Statutes 169A. (11) Within one hundred (100) feet of any fisherman, pedestrian, skating rink, or sliding area where the operation would conflict with use, or endanger other persons or property. (12) On boulevards within any public right-of-way. (13) On a trail not specified for ATV use. Sec. 34-162. Crossing a public road right-of-way. An off-road vehicle may make a direct crossing of a public road right-of-way, other than an interstate highway or freeway, provided: (1) The crossing is made at an angle of approximately ninety (90) degrees to the direction of the road and at a place where no obstruction prevents a quick and safe crossing. (2) The off-road vehicle first comes to a complete stop at the edge of the shoulder or the main-traveled way of the road. (3) The operator yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. (4) In crossing a divided road, the crossing is made only at an intersection of the road with another public road; and (5) If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or, in conditions of reduced visibility, only if both front and rear lights are on. Sec. 34-163. Traffic ordinances applicable. (1) City and State traffic regulations shall apply to the operation of off-road vehicle upon streets and highways, except for those relating to required equipment, those, which by their nature have no application, and those inconsistent with the provisions in this article. (2) Golf carts and Class 1 ATVs for the physically handicapped persons may be operated on city streets with a city permit. The permit is a period not to exceed one year and may be renewed annually. The permits are exempt from registration tax, but must display the triangular slow-moving vehicles emblem. A driver s license is not required. Sec. 34-164. Yielding right-of-way. No off-road vehicle shall enter any intersection without yielding the right-of-way to any vehicles or pedestrians at the intersection, or so cross the intersection as to constitute an immediate hazard. Sec. 34-165. Youthful Operators. No person less than eighteen (18) years of age, may operate an off-road vehicle except as provided by Minnesota Statutes 84.9256, 84.793, 84.802, or 84.872. Sec. 34-166. Equipment required. It is unlawful for any person to operate an off-road vehicle any place within the limits of the city unless it is equipped with the following: (1) Standard mufflers which are properly attached and which reduce the noise of operation of the motor to the minimum necessary for operation. (a) No person shall use a muffler cutout, bypass straight pipe, or similar device on an off-road vehicle motor. (2) Brakes adequate to control the movement of and to stop and hold the off-road vehicle under any condition of operation. (3) A safety, or so-called deadman throttle in operating condition. (4) When operated between the hours of one-half hour after sunset and one-half hour before sunrise or at a time of reduced visibility, at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness and under normal atmospheric conditions. The headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile or off-road vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during hours of darkness under normal atmospheric conditions. (5) Reflective material at least sixteen (16) square inches on each side, forward of the handlebars or steering device of an off-road vehicle and at the highest practical point on any towed object, as to reflect light at a 90-degree angle. 198
Sec. 34-167. Ignition lock. Every person leaving an off-road vehicle on a public place or way shall lock the ignition, and remove and take the keys with him. Sec. 34-168. Emergencies, operation permitted. Notwithstanding any other provisions in this article, an off-road may be operated on a public thoroughfare in an emergency during the period of time and at locations where snow upon the roadway renders travel by automobile impractical. Sec. 34-169. Uses prohibited; animals. It is unlawful to intentionally drive, chase, run over, or kill any animal with an off-road vehicle. Sec. 34-170. Established Riding Area. (1) The use of an off-road vehicle within an established riding area is not allowed on a lot or parcel of land of less than two (2) acres in size or within residential subdivisions. (2) An off-road vehicle established riding area may be used on lots of two (2) acres or greater in size located within the City on the condition that the riders shall adhere to the following: (a) (b) (c) (d) The established riding area for an off-road vehicle is to be located no closer than three hundred (300) feet of a building occupied by humans or livestock, unless the building is also owned by the owner of the established riding area. Dust and noise control measures are to be maintained by the property owner or occupant. These dust and noise control measures are to be enforced by the City if other properties are adversely affected by dust and noise due to off-road vehicle use. The owners affected must file a written complaint with the City. 1. Dust control measures shall include, but are not limited to, the planting of twelve (12) foot high coniferous trees planted ten (10) feet on center, or the construction of a six (6) foot minimum board on board style fence, as approved by the City. 2. An off-road vehicle must have a factory approved exhaust. The noise emission may not exceed one hundred five (105) decibels at a distance of 20 inches during operation, and mufflers may not be altered to increase motor noise, or have a cut out bypass, or similar device. No more than four (4) riders may operate an off-road vehicle on the property. An off-road vehicle may only be operated on the property during the following times: Monday through Friday, 9:00 a.m. through 7:00 p.m.; and Saturdays and Sundays, 10:00 a.m. through 7:00 p.m. Operation of a snowmobile or off-road vehicle must cease for a minimum of one (1) hour after every two hours of riding. Operation of an off-road vehicle shall not be allowed on either primary or secondary septic sites. Sec. 34-171. Exemptions With the exception of Sec. 34 170, the following uses are exempt from this Ordinance: (1) Any off-road vehicle used for the purpose of property maintenance. (2) Any agent or employee of any road authority, law enforcement or public safety agency, or any agent or employee of the Minnesota Department of Natural Resources or any other governmental body in conducting official business. (3) Any organized track-racing event that is required to be registered with the Department of Natural Resources. Secs. 34 172 34 199. Reserved. 199
ARTICLE V. RECREATIONAL MOTOR SCOOTER, MOTORIZED PUSH SCOOTER AND MOTORIZED SKATEBOARD RULES AND REGULATIONS Sec. 34-200. Purpose and intent. The purpose of this Article is to provide rules for the regulation of motor scooters, motorized push scooters and motorized skateboards, excluding motor scooters that meet the criteria for or could otherwise be defined as a motorcycle under Minn. Stat. 169.01 subd. 4 and requiring for its lawful operation on any street or highway a valid standard driver s license with a two-wheeled vehicle endorsement under Minn. Stat. 169.974, on public and private property. It is intended to protect life, property and to prevent public nuisances. Nothing in this Article shall be construed to minimize regulations set forth in Minn. Stat. 168, 169 and 171 and other regulations as they may pertain to motor scooters, motorized push scooters and motorized skateboards with a piston displacement capacity of 50 cubic centimeters or greater. Sec. 34-201. Unlawful Operation - 50 CC Motors or Less. It is a misdemeanor for any person to operate a motor scooter, motorized push scooter or motorized skateboard with a motor that has a piston displacement capacity of less than 50 cubic centimeters: (1) On public property, including, but not limited to, parks, whether leased or owned, schools, playgrounds, sidewalks, walkways or other areas designated for pedestrian use, on designated bicycle paths and recreation areas except those areas specifically designated by the council. Provided, however, that parking is permitted in parking areas designated by the council. (2) On private property without the prior written permission of the owner or tenant having control of such property. (3) In a careless, reckless or negligent manner so as to endanger or be likely to endanger any person or property or to cause damage or injury thereto. (4) Performing stunts, drills, acrobatics, racing or playing games of any sort unless as a part of an organized event that has been authorized by the City Council. (5) In a manner so as to create a loud, unnecessary noise which unreasonably disturbs or interferes with the peace and quiet of other persons. (6) To intentionally drive, chase, run over or kill any animal, wild or domestic. (7) On City streets before 10 a.m. and after 7 p.m. or dusk. (8) On City streets at speeds in excess of 20 m.p.h. (9) No person less than eighteen (18) years of age, may operate a motor scooter, motorized push scooter and motorized skateboard except as provided by Minnesota Statutes 169.011, 169.225, and 169.974. Secs. 34 202 34 299. Reserved. (ORDINANCE NO. 2015-02) 200