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ORD 01-12CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 2001-12 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 Operations and Prohibited Conditions Within Designated Areas 8-1-6: Snowmobile Prohibited Conditions and Operations Outside of Designated Areas 8-1-7: Recreational Motor Vehicle Required Equipment 8-1-8: Recreational Motor Vehicle Prohibited Conditions and Operations Within Designated Areas 8-1-9: Recreational Motor Vehicle Prohibited Conditions and Operations Outside of Designated 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, 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. BOULEVARD: The portion of the street right of way between the curb line and the property line. 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. DESIGNATED AREA: All areas of the City that as set forth on attached Exhibit A, which area may be amended by resolution of the City Council from time to time. 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: 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. RIGHT OF WAY: The entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes or holds prescriptive rights. ROADWAY: That portion of a highway; improved, designed or ordinarily used for vehicular travel. SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice steered by skis or runners. 2 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. 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 in such close proximity 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, unless accompanied by someone eighteen (18) years of age or older. 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 or she has in his or her immediate possession a valid snowmobile safety certificate or indicator. 8-1-4: SNOWMOBILE REQUIRED EQUIPMENT: A. Snowmobiles operated within the jurisdiction of the City shall be equipped in accordance with all applicable Minnesota statutes, rules and regulations. B. When operated between the hours of one-half (%2) hour after sunset to one-half (%) 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. 3 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 and 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 OPERATIONS AND PROHIBITED CONDITIONS AND WITHIN DESIGNATED AREAS: A. You may not operate a snowmobile on the inside slope (closest to the road), shoulder and roadway of state and county highways, or in the median of a four lane highway. You can operate a snowmobile in the bottom or outside slope of a ditch (farthest from the road, closest to the house), of a county or state highway. B. Within that portion of County Road 42 (Parrish Avenue) from the bridge southward to County Road 39, snowmobiles may only be operated consistent with the rules for street operation set forth below in Section C and snowmobilers must exit the County Road 42 corridor at the first available snowmobile trail unless they are proceeding directly to their residence on Parrish Avenue. C. You may operate a snowmobile on the portion of any right of way of any street, 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 at a maximum speed of ten (10) miles per hour. Where there are no curbs, snowmobiles must be operated on the right hand side of the street or highway and within six (6) feet of the roadway surface. D. You may not operate a snowmobile on a paved walkway or walkway used for pedestrian use. 4 E. You may not operate a snowmobile on boulevards within any public right of way. F. You may not operate a snowmobile on private property of another without specific permission of the owner or person in control of said property. G. You may not operate a snowmobile upon any school grounds except as written permission is obtained from responsible school authorities. H. You may not operate a snowmobile on any other public place or grounds except as may be specifically permitted by other provisions of this City Code. I. You may not operate a snowmobile anywhere in a careless, reckless or negligent manner or heedlessly in disregard of the rights of safety to others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property. The maximum speed on the streets as permitted by this Chapter shall not exceed ten (10) miles per hour in "Designated Areas". See attached outline of "Designated Areas". K. Snowmobiling is prohibited 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. L. You may not operate a snowmobile 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 or you are on your own property or have the property owners' permission. M. A rigid tow bar is required when towing any person or thing with a snowmobile, except in an emergency or towing a disabled snowmobile. N. Within one hundred feet (100') of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with use or endanger other persons or operation. W O. 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. P. Chasing, running over, or killing any animal, wild or domestic. 8-1-6: SNOWMOBILE PROHIBITED CONDITIONS AND OPERATIONS OUTSIDE OF DESIGNATED 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 DESIGNATED AREAS: A. Recreational motor vehicles may not be operated in designated areas except on private property between the hours of 8:00 a.m. and 10:00 p.m. 8-1-9: RECREATIONAL MOTOR VEHICLES PROHIBITED CONDITIONS AND OPERATIONS OUTSIDE OF DESIGNATED 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 C.1 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 J e r r y Struthers and seconded by Councilperson Mayor Fournier this 8th day of October , 2001. IN FAVOR: Mayor Larry Fournier, councilmember Jerry Stuthers, and Councilmember Suzanne Ackerman. OPPOSED: Abstained: Councilmember Virginia Wendel. �'ft , X. - ATTEST: ayor 7 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA APPROVED SUMMARY OF AMENDMENTS TO ORDINANCE NO. 94-12 ESTABLISHING A SNOWMOBILE AND OTHER RECREATIONAL MOTOR VEHICLES ORDINANCE The following is an approved summary of amendments to Ordinance No. 94-12 pursuant to Minnesota Statute 412.191, Subdivision 4. The length of the entire ordinance amendment is such to prohibit full publication. A printed copy of the ordinance amendment 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. Amendments to the Ordinance establish a Designated Area within the City whereon snowmobile use is regulated more strictly than by State Statute. Further regulation within the established Designated Area includes speed limitations and limitations upon the areas where snowmobiles can be operated. Attached to this summary is the approved map delineating Designated Areas within the City. This ordinance summary approved this 8th day of October , 2001. IN FAVOR: Mayor Fournier, Councilmembers: Suzanne Ackerman, Jerry Struthers and Virginia Wendel OPPOSED: NONE arty F er, ayor ATTEST: Published: I Q—;) 14 -61 Elk River Star News