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HomeMy WebLinkAbout1994-017 Council OrdinancesCouncil Member Elliott introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 17 — 94 AN ORDINANCE RELATING TO THE OPERATION OF SNOWMOBILES AND ALL -TERRAIN VEHICLES Definitions. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in Ordinance No. 17-94 shall have the meanings set forth in the subdivisions of this section which follow. Snowmobile shall mean any self-propelled vehicle used for recreational purposes whether steered by wheels, skis, or runners and designed for travel on snow or ice or natural terrain including, but not limited to, snowmobiles and all - terrain vehicles regulated pursuant to the provisions of Minnesota Statutes, Chapter 84, and said definition shall apply throughout this Ordinance unless said Statute clearly provides otherwise. Owner means a person, other than a property in or title to snowmobile of possession thereof. Operate means to ride in or on and a snowmobile. lien holder having the and entitles to the use control the operation of Operator means every person who operates or is in actual physical control of a snowmobile. Roadway means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. Street or highway means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter or right, for the purposes of vehicular traffic. Right of way means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. Safety or deadman throttle is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. Operation on Streets and Highways Operation of snowmobiles upon the roadway, shoulder, inside bank, slope of any street or highway, ditch or on the outside bank within the right-of-way of any street or highway is permitted in conformance with State law and City ordinance within the corporate limits of the City of Lino Lakes. Operation Generally. Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the corporate limits of the City of Lino Lakes in the manner set forth in the following: 1. Anywhere within any public right of way (i.e. boulevards) except on the roadway surface or otherwise provided in this ordinance. 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 including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses, except areas previously listed or authorized for such use by the proper public authority, in which case such use should be lawful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the City of Lino Lakes owned by the City shall be designated by Council resolution. 5. At any place, while under the influence of intoxicating liquor or drugs. 6. At any speed in excess of 15 miles per hour on a public street or highway or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstance. 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 15 miles per hour when within one hundred (100) feet of any riverbank or lake shore, or within one hundred (100) feet of fishermen, ice �-- houses or skating rinks, nor shall operation be permitted within one hundred (100) feet 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 11:00 PM and before 8:00 AM Sunday through Thursday, and between the hours of 1:00 AM and 8:00 AM Saturday and Sunday. This provision is not intended to prohibit snowmobiles from entering or leaving the City of Lino Lakes during the above hours, providing that the operator of a snowmobile utilized the most direct route of travel to and from the operators residence or destination. 12. Such operation is not permitted within fifteen (15) feet of any public sidewalk, walkway or trail. 13. Such operation is not permitted when such ditch or outside bank is within the right-of-way of any interstate highway or freeway. A snowmobile may make a direct crossing of a street or highway provided: 1. The crossing is made at an angle of approximately ninety (90) degrees 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. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians which constitute any immediate hazard. Notwithstanding any prohibition by current City Ordinance or State Law, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. Equipment. 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. 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, by- pass, 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 adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. 3. A safety or so called "deadman" throttle in operating condition, as that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. 4. 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 under normal atmospheric conditions. a. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall be equipped with a least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet 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. Persons Under 18 Years of Age. No person under 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 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this ordinance and make a direct crossing thereof only if said person 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. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. Leaving Snowmobile Unattended. Every person leaving a snowmobile in a public place shall lock the ignition, remove the key and take the same with said person. Chasing Animals Forbidden. 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. Penalty. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than $700.00 or by imprisonment of not more than 90 days, or both, plus the costs of prosecution in either case. This ordinance shall take effect upon its passage and publication according to the City Charter. Vernon F. Reinert, Mayor Marily G. Anderson, Clerk -Treasurer The motion for the adoption of the foregoing ordinance was seconded by Council Member Kuether and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: none . Whereupon said ordinance was declared duly passed and adopted by the Lino Lakes City Council this 28th day of November, 1994.