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.
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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