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HomeMy WebLinkAbout2007-002 Council Ordinances1st Reading: 4/9/2007 Published: 10/30/07 2nd Reading: 10/22/07 Effective: 11/29/07 To County Recorder Council Member O'Donnell moved for adoption of the following ordinance: CITY OF LINO LAKES ORDINANCE NO. 02-07 AMENDING THE CITY CODE BY REPEALING THE CURRENT CHAPTER 807 AND ADDING A NEW CHAPTER 807 ENTITLED OPERATION OF SNOWMOBILES AND ALL -TERRAIN VEHICLES The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain: Section 1. That Chapter 807 of the Lino Lakes Code of Ordinances be and hereby is repealed. Section 2. That the Lino Lakes Code of Ordinances be amended by adding thereto a new Chapter 807 to read as follows: CHAPTER 807 OPERATION OF SNOWMOBILES AND ALL -TERRAIN VEHICLES 807.01: Definitions 807.02: Age Restrictions For Snowmobile Operation 807.03: Operation of Snowmobiles Within the Corporate City Limits 807.04: Road Crossing by Snowmobiles 807.05: Snowmobiles at Uncontrolled Intersections 807.06: Snowmobile Equipment Requirements 807.07: Operation of All -Terrain Vehicles Within the Corporate City Limits 807.08: Exemptions From Provisions 807.09: Violation; Penalty 807.01: DEFINITIONS: Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases as used in this chapter shall have the meanings set forth in this section: ALL -TERRAIN VEHICLE: CLASS I: A motorized flotation -tired vehicle of not less than three (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement of less than eight hundred (800) cubic centimeters and total dry weight less than nine hundred (900) pounds. CLASS II: Class 2 all -terrain vehicles means an all -terrain vehicle that has a total dry weight of 900 to 1,500 pounds. ORV: ATV's over 1,500 pounds are still considered ORV's. BOULEVARD: The strip of land, usually made of grass, between a roadway and a sidewalk or pedestrian walking path. OPERATE: To ride in or on, and control the operation of, a snowmobile or all -terrain vehicle. OPERATOR: Every person who operates, or is in actual physical control of a snowmobile or all -terrain vehicle. OWNER: A person, other than a lien holder, having the property in or title to snowmobiles or all -terrain vehicles, and entitled to the use or possession thereof. PERSON: An individual, partnership, corporation, the state and its agencies and its subdivisions, and any body of persons, whether incorporated or not. 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. ROADWAY: That portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. SAFETY OR A device which, when pressure is removed from the engine DEADMAN accelerator or throttle, causes the motor to be disengaged THROTTLE: from the driving track. SNOWMOBILE: Any self-propelled vehicle used for recreational purposes, steered by skis or runners, and designed for travel on snow, ice, or natural terrain. STREET OR The entire width between boundary lines of any way or place HIGHWAY: when any part thereof is open to the use of the public, as a matter or right, for the purposes of vehicular traffic. 807.02: AGE RESTRICTIONS FOR SNOWMOBILE OPERATION: A. Age Restrictions: No person under fourteen (14) years of age shall operate on streets or highways, or make a direct crossing of a street or highway, 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 or highways as permitted under this chapter, and make a direct crossing thereof, only if he/she has in their immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, as provided by Minnesota Statutes Section 84.86, as amended. B. Responsibility Of Snowmobile Owner: It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. 807.03: OPERATION OF SNOWMOBILES WITHIN THE CORPORATE CITY LIMITS: Subdivision 1. Operation of snowmobiles within the corporate limits of the City of Lino Lakes is permissible only if in conformance with State law and City ordinances. It is unlawful for any person to operate a snowmobile within the corporate limits of the City of Lino Lakes in violation of the following provisions: 1. Anywhere within any public right-of-way except on the roadway surface or as otherwise provided in this chapter. 2. On a public sidewalk or walkway provided or used for pedestrian travel. 3. On private property of another without lawful authority or consent of the owner or occupant. 4. On any publicly owned lands and frozen waters (lakes, rivers, streams and ponds), not previously listed or authorized for such use by the proper public authority, including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses. Use in those areas previously listed or authorized for such use by the proper public authority shall be lawful, and snowmobiles may be driven in and out of such areas only by the shortest route possible. Authorized areas in the City of Lino Lakes owned by the City shall be designated by City Council resolution. 5. At any place while under the influence of an alcoholic beverage or controlled substance. 6. At any speed in excess of fifteen (15) miles per hour on a public street or highway, or anywhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. 7. At any place in a careless, reckless, or negligent manner, so as to endanger the person or property of another, or to cause injury or damage thereto. 8. So as to tow any person or thing on a public street or highway, except through use of a rigid tow bar attached to the rear of the snowmobile. 9. At a speed greater than fifteen (15) miles per hour when within one hundred feet (100') of any riverbank or lakeshore; or within one hundred feet (100') of fishermen, icehouses, or skating rinks; nor shall operation be permitted within one hundred feet (100') of any sliding area; nor where the operation would conflict with the lawful use of property, or would endanger other persons or property. 10. In a manner so as to create loud, unnecessary, or unusual noise, which disturbs, annoys, or interferes with the peace and quiet of another. 11. Snowmobiling shall be prohibited after ten o'clock (10:00) P.M. and before seven o'clock (7:00) A.M. Sunday through Thursday, and between twelve o'clock (12:00) A.M. and eight o'clock (8:00) A.M. Friday and Saturday. This provision is not intended to prohibit snowmobiles from entering or leaving the City of Lino Lakes during the above hours, provided that the operator of a snowmobile utilizes the most direct route of travel to and from the operator's residence or destination. 12. Every person leaving a snowmobile in a public place shall lock the ignition, remove the key and take the same with said person. 13. It is unlawful to intentionally drive, chase, run over, kill or otherwise take or attempt to take any animal, wild or domestic, with a snowmobile. 14. Authorized snowmobiles may be used on any public property within the city for rescue, emergency, or law enforcement purposes. 807.04: ROAD CROSSING BY SNOWMOBILES: A snowmobile may make a direct crossing of a street or highway, provided: 1. The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the street or highway, and at a place where no obstruction prevents a quick and safe crossing. 2. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 3. The driver yields the right of way to all oncoming traffic, which constitutes an immediate hazard. 4. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. 5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or, in conditions of reduced visibility, only if both front and rear lights are on. 807.05: SNOWMOBILES AT UNCONTROLLED INTERSECTIONS: Subdivision 1. No snowmobile shall enter any controlled intersection without making a complete stop. The operator shall then yield the right -of- way to any vehicles or pedestrians that constitute any immediate hazard. Subdivision 2. An uncontrolled intersection includes, but is not limited to, roadways, streets, highways, sidewalks, and paths designed for pedestrian traffic. 807.06: SNOWMOBILE EQUIPMENT REQUIREMENTS: Subdivision 1. It is unlawful for any person to operate a snowmobile any place within the corporate limits of Lino Lakes unless it is equipped with the equipment set forth as follows: 1. Muffler; Cutout, Bypass: 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. No person shall use a muffler cutout, bypass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. 2. Brakes: Brakes adequate to control the movement of, and to stop and hold, the snowmobile under any conditions of operation. 3. Safety Throttle: A safety or so-called "deadman" throttle in operating condition so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. 4. Lights: 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. a. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall 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 feet (500') to the rear during the hours of darkness under normal atmospheric conditions. c. Such equipment shall be in use when the vehicle is operated between the hours of one-half (1/2) hour after sunset, or one-half (1/2) hour before sunrise, or at times of reduced visibility. 807.07: OPERATION OF ALL -TERRAIN VEHICLES WITHIN THE CORPORATE CITY LIMITS: Subdivision 1. No person shall enter and operate an all -terrain vehicle on lands not owned by the person, except where otherwise allowed by law, without the express written or oral permission of the owner, occupant, or lessee of such lands. Subdivision 2. Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate an all -terrain vehicle within the corporate limits of the City of Lino Lakes in violation of the following provisions: 1. No person shall enter and operate an all -terrain vehicle on any city street within the corporate limits of the City of Lino Lakes. 2. No person shall enter and operate an all -terrain vehicle upon any bank or slope of any city street ditch within the corporate limits of the City of Lino Lakes. 3. On a public sidewalk or walkway provided or used for pedestrian travel. 4. At any place while under the influence of an alcoholic beverage or controlled substance. 5. On any publicly owned lands and frozen waters (lakes, rivers, streams and ponds), not previously listed or authorized for such use by the proper public authority, including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses. Use in those areas previously listed or authorized for such use by the proper public authority shall be lawful, and all -terrain vehicles may be driven in and out of such areas only by the shortest route possible. Authorized areas in the City of Lino Lakes owned by the City shall be designated by City Council resolution. 6. All -terrain vehicle operation shall be prohibited after ten o'clock (10:00) P.M. and before seven o'clock (7:00) A.M. Sunday through Thursday, and between twelve o'clock (12:00) A.M. and eight o'clock (8:00) A.M. Friday and Saturday. 7. It is unlawful to intentionally drive, chase, run over, kill or otherwise take or attempt to take any animal, wild or domestic, with an all -terrain vehicle. 8. In a manner so as to create loud, unnecessary, or unusual noise, which disturbs, annoys, or interferes with the peace and quiet of another. 9. At a speed greater than fifteen (15) miles per hour when within one hundred feet (100') of any riverbank or lakeshore; or within one hundred feet (100') of fishermen, icehouses, or skating rinks; nor shall operation be permitted within one hundred feet (100') of any sliding area; nor where the operation would conflict with the lawful use of property, or would endanger other persons or property. 10. At any place in a careless, reckless, or negligent manner, so as to endanger the person or property of another, or to cause injury or damage thereto. 11. Authorized all -terrain vehicles may be used on any public property within the city for rescue, emergency, or law enforcement purposes. 807.08: EXEMPTIONS FROM PROVISIONS: The City's enforcement agency, the County Sheriffs Department, DNR, and the Minnesota State Patrol in order to provide enforcement, shall be exempt from the requirements of this chapter. 807.09 VIOLATION; PENALTY: Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment of not more than ninety (90) days, a fine of not more than $1,000.00, or both, plus the costs of prosecution in either case. lianne Bartell, 1 i y erk Adopted by the Lino Lakes City Council this22ndday ofOct , 2007. John Bergeson, Mayor The motion for the adoption of the foregoing ordinance was duly seconded by Council Member _ and upon a vote being taken thereon, the following voted in favor thereof: O'Donnell, Stoltz, Reinert, Carlson, Bergeson The following voted against same: none Whereupon said ordinance was declared duly passed and adopted. Stoltz AGENDA ITEM 4A STAFF ORIGINATOR David J. Pecchia, Public Safety Director DATE October 22, 2007 TOPIC Second Reading of Ordinance No. 02-07 Repealing Chapter 807 of the Lino Lakes Code of Ordinances and adding a new Chapter 807 relating to the Operation of Snowmobiles and All Terrain Vehicles VOTES REQUIRED: 3/5 BACKGROUND: The purpose of the amendment to Chapter 807 is to include: • The definition and operation of all -terrain vehicles on city streets within the corporate city limits 807.01 definitions; • Subdivision 1 and 2 combined to read as follows Subdivision 1. Operation of snowmobiles within the corporate limits of the City of Lino Lakes is permissible only if in conformance with State law and City ordinances. It is unlawful for any person to operate a snowmobile within the corporate limits of the City of Lino Lakes in violation of the following provisions: 807.03 • To modify the times of operation to be consistent with our southern neighbor, the City of Circle Pines. Those changes will be found under; and 807.03 subdivision (2) #11; • Authorized snowmobiles may be used on any public property within the city for rescue, emergency, or law enforcement purposes; 807.03, subdivision 14; • Operation of All -Terrain Vehicles within the corporate city limits — 807.07 (this section is new); • Exemption from provisions: The City's enforcement agency, County Sheriff's Department, DNR, and the Minnesota State Patrol, in order to provide enforcement, shall be exempt from the requirements of this chapter; 807.08; • Violation: Penalty: Updated to reflect current state statute — definition of a misdemeanor; 807.09 Deleted from the current chapter is the following: • Use of Snowmobiles on public thoroughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. The city has corresponded with Anoka County regarding a county -wide ordinance that would regulate ATV operation on public right-of-way under county jurisdiction, and at this time they will not be moving forward with such an ordinance. This limits the proposed ordinance to regulate only city owned streets. Section 807.07 Subdivision 2 (1&2) were modified to correctly state this. The first reading of the ATV/Snowmobile Ordinance was approved by the Council on April 9, 2007. Following second reading and approval, the ordinance would be published and would take effect 30 days from the date of publication. OPTIONS 1. Approve second reading and passage of Ordinance 02-07 2. Return to staff for further consideration. RECOMMENDATION Staff recommends approval of Option 1.