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ORD 94-12CITY OF OTSEGO WRIGHT COUNTY, AIV04ESOTA APPROVED SUMMARY OF ORDINANCE NO. 94-12 AMENDING THE OTSEGO CITY CODE (CHAPTER 8) TO ESTABLISH A SNOWMOBILE AND OTHER RECREATIONAL MOTOR VEHICLES ORDINANCE. The following is an approved summary of Ordinance No. 94-12 pursuant to Minnesota Statute 412.191, Subdivision 4. The length of the entire ordinance is such to prohibit full publication. A printed copy of the ordinance is on file at the Otsego City Hall and is available for public inspection. The following summary clearly informs the public of the intent and effect of the ordinance. Section 1 of the ordinance establishes the purpose and intent of the ordinance. The purpose and intent is to supplement Minnesota Statutes with regards to the operation of snowmobiles and recreational motor vehicles. Section 2 of the ordinance defines terms used within the ordinance. Section 3 of the ordinance establishes conditions and regulations for operation of snowmobiles on City streets. Section 4 of the ordinance establishes the equipment required for operation of a snowmobile on City streets. Section 5 of the ordinance establishes prohibited operations within platted areas of the City. Section 6 of the ordinance establishes that all Minnesota Statutes apply for prohibited operations for snowmobiles in unplatted areas of the City. Section 7 of the ordinance establishes that all Minnesota State Safety and Required Equipment laws apply. Section 8 of the ordinance establishes that recreational motor vehicles may not be operated within platted areas of the City, except on private property between the hours of 8:00 AM and 10:00 PM. Section 9 of the ordinance establishes that all Minnesota State laws regarding prohibited operations apply for operation of recreational motor vehicles in unplatted areas of the City. Section 10 of the ordinance establishes exemptions from the restrictions of the ordinance. Section 11 of the ordinance establishes that every person convicted of a violation of the provisions of this ordinance is subject to the fines and penalties provided by State Statute for a misdemeanor plus costs of prosecution. This ordinance summary approved this 26th day of September 1994. IN FAVOR: Norman F Freske, Doug Lindenfelser, Floyd Roden, Larry Fournier and Ron Black OPPOSED: NONE �j Norman F. Freske, Mayor ATTEST: `J' romeerra "lt, City Clerk Posted: 10.3,194 Published: October 12, 1994 Star News, Elk River 2 ORIGINAL CITY OF OTSEGO COUNTY OF RIGHT STATE OF MINNESOTA ORDINANCE NO. 94-12 SNOWMOBILES AND OTHER RECREATIONAL MOTOR VEHICLES SECTION: 8-1-1: Purpose, Intent 8-1-2: Definitions 8-1-3: Snowmobile Operation Restrictions 8-1-4: Snowmobile Required Equipment 8-1-5: Snowmobile Prohibited Conditions and Operations Within Platted Areas 8-1-6: Snowmobile Prohibited Conditions and Operations Outside of Platted Areas 8-1-7: Recreational Motor Vehicle Required Equipment 8-1-8: Recreational Motor Vehicle Prohibited Conditions and Operations Within Platted Areas 8-1-9: Recreational Motor Vehicle Prohibited Conditions and Operations Outside of Platted Areas 8-1-10: Exemptions 8-1-11: Penalty THE CITY OF OTSEGO ORDAINS: 8-1-1: PURPOSE AND INTENT: It is the intent of this Chapter to supplement Minnesota Statutes, sections 84.81 through 84.88 and chapter 169, with respect to operation of snowmobiles and sections 84.787 through 84.805 and sections 84.92 through 84.929 with respect to recreational motor vehicles. 8-1-2: DEFINITIONS: For purposes of this Chapter, terms defined herein shall have the meanings ascribed to them. OPERATE: To ride in or on and control the operation of a snowmobile or recreational motor vehicle. OPERATOR: Every person who operates or is in actual physical control of a snowmobile or recreational motor vehicle. OWNER: A person, other than a lien holder having the property in or title to a snowmobile or recreational motor vehicle. PLATTED AREAS: All areas of the City that are within the boundaries of a plat which is duly recorded at the office of the Wright County Recorder. PERSON: Includes an individual, partnership, corporation, the State and its agencies and subdivisions, and any body of persons, whether incorporated or not. RECREATIONAL MOTOR VEHICLE: RIGHT OF WAY: ROADWAY: SNOWMOBILE: Trail bikes, amphibious vehicles and similar devices other than snowmobiles, used at least partially for travel on natural terrain, but not "special mobile equipment" as defined in M.S.A. 168.011, Subdivision 22, which is hereby incorporated herein by reference. Also including any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including but not limited to a motorized bicycle, all -terrain vehicle, hovercraft or motor vehicle licensed for highway operation which is being used for off-road recreational purposes. This definition includes "Off -Highway Motorcycles" as defined in Minn. Stat. 84.787, "Off -Road Vehicles" as defined in Minn. Stat. 84.797, and "All -Terrain Vehicles" as defined in Minn. Stat. 84.92. The entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. That portion of a highway; improved, designed or ordinarily used for vehicular travel. A self-propelled vehicle designed for travel on snow or ice steered by skis or runners. STREET: A public thoroughfare, roadway, alley or trail used for motor vehicular traffic which is not an interstate, trunk, County State aid road or County highway. a ,:i .p,. ,l.Y:.:. "T!^. ... �� ..�. �. �. asa _... ,a. ..! H;-'. 8-1-3: SNOWMOBILE OPERATION RESTRICTIONS: Except as herein otherwise provided, snowmobiles may be operated on City streets, and all city traffic ordinances shall apply to the operations of snowmobiles upon the streets and highways, except for those relating to required equipment and except those which by their nature have not application. The following operating restrictions shall also apply: A. Stop, Yield Intersections: No• snowmobile shall enter any intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard. B. Minors: No person under fourteen (14) years of age shall operate on streets or make a direct crossing of a City street as the operator of a snowmobile. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets as permitted under this Chapter and make a direct crossing of such streets only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Conservation as provided by Minnesota Statutes, section 84.82. 8-1-4: SNOWMOBILE REQUIRED EQUIPMENT: A. Brakes adequate to control the movement of and to stop and hold the snowmobile. B. When operated between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or at times 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 feet (100) ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. C. Reflective material at least sixteen (16) square inches on each side, forward of the handlebars, so as to reflect lights at a ninety degree (90) angle. D. Standard mufflers which are properly attached an in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with regulation CONS.55 which is hereby adopted by reference as it existed on September 1, 1970. No person shall use a muffler cut-out, by-pass, straight pipe or similar device on a snowmobile, and the exhaust system shall not emit or produce a sharp popping or crackling sound. 8-1-5: SNOWMOBILE PROHIBITED CONDITIONS AND OPERATIONS WITHIN PLATTED AREAS: A. Upon any roadway, shoulder, inside bank (farthest from the road, closest to the house) or slope of any trunk, County State aid or County highway, or on the right of way between any opposing lanes of traffic; except as provided in this Chapter. No snowmobile shall be operated at any time within the right of way of any interstate highway or freeway. B. On the portion of any right of way of any street, except in single file, on the most right-hand lane when available for traffic or as close as practical to the right-hand curb or edge of the roadway, except when passing another vehicle stopped in that lane. C. On a paved walkway or walkway used for pedestrian use. D. On boulevards within any public right of way. E. On private property of another without specific permission of the owner or person in control of said property. F. Upon any school grounds except as written permission is obtained from responsible school authorities. G. On any other public place or grounds except as may be specifically permitted by other provisions of this City Code. H. At any place in a careless, reckless or negligent manner or heedlessly in disregard of the rights of 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. I. On the streets as permitted by this Chapter at a speed exceeding ten (10) miles per hour. J. During the hours from eleven o'clock (11:00) P.M. to eight o'clock (8:00) A.M. Sunday through Thursday and one o'clock (1:00) A.M. to eight o'clock (8:00) A.M. on other days including days immediately previous to national holidays. K. Closer than three hundred feet (300') from any residential area, except in coming and going from a residence to a designated trail on the most direct route. L. So as to tow any person or thing in a public street, highway or right of way except through the use of a rigid tow -bar attached to the rear of the snowmobile. M. Within one hundred feet (1001) of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with use or endanger other persons or operation. N. In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. O. Chasing, running over, or killing any animal, wild or domestic. 8-1-6: SNOWMOBILE PROHIBITED CONDITIONS AND OPERATIONS OUTSIDE OF PLATTED AREAS: A. All Minnesota state laws regarding prohibited conditions and operations apply. 8-1-7: RECREATIONAL MOTOR VEHICLE REQUIRED EQUIPMENT A. All Minnesota state safety and required equipment laws apply. 8-1-8: RECREATIONAL MOTOR VEHICLE PROHIBITED CONDITIONS AND OPERATIONS WITHIN PLATTED AREAS: A. Recreational motor vehicles may not be operated in platted areas except on private property between the hours of 8:00 a.m. and 10:00 p.m. 8-1-9: RECREATIONAL MOTOR VEHICLE PROHIBITED CONDITIONS AND OPERATIONS OUTSIDE OF PLATTED AREAS: A. All Minnesota state laws regarding prohibited conditions and operations apply. 8-1-10: EXEMPTIONS: A. Law enforcement officers shall be exempt from the restrictions of this Chapter while operating a snowmobile or recreational motor vehicle in response to an emergency situation or in the immediate pursuit of an actual or suspected violator of the law. B. Notwithstanding the provisions of this Chapter, the Chief of Police and City Council shall have the authority to supervise and regulate events or programs conducted by the City or the City Park and Recreation Department in which snowmobiles or recreational motor vehicles are used. The City Council shall have the authority to designate City park areas that shall be deemed available for such use. 8-1-11: PENALTY: A. Every person convicted of a violation of any of the provisions of this ordinance shall be subject to the fines and penalties provided by state statute for a misdemeanor, as amended, plus costs of prosecution. Motion to adopt the ordinance was made by Councilperson Q and seconded by Councilperson Ron B1a9^ yd this 26TH day of September, 1994. IN FAVOR: Norman F Freske, Doug Lindenfelser, Floyd Roden, Larry OPPOSED: Fournier, Ron Black No one opposed Norman F. Freske, Mayor rome Perrault, Clity Clerk