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said vehicle under any condition of operation. tion, maintenance and operation of the trail, in
<br /> Subd. C. It is unlawful for any person to such form is acceptable to the city attorney.
<br /> property. operate a motorized recreational vehicle any 4.A statement as to who shall be liable for
<br /> 2.Public lands and waters under jurisdiction Placa with the City unless it is equipped with a any injury or property damage resulpng from the
<br /> of the Commissioner of the Minnesota safety or so-called"deadman"throttle in operat- construction, maintenance and use of the trail,
<br /> Department of Natural Resources as permitted ing condition. "Safety or Deadman" throttle together with evidence of the responsible parties
<br /> by law. means a device which, when pressure is financial ability to provide such insurance or
<br /> 3. City streets when traveling in the most removed from the engine accelerator or throttle, other security necessary to protect the City from
<br /> right-hand lane available for automobile traffic, causes the motor to be disengaged from the dri- financial loss.
<br /> or as close as practicable to the right-hand curb ving track. 5.A development and operations plan for
<br /> or edge of the roadway, and when traveling in Subd. D. No recreational vehicle shall be the proposed trail.
<br /> the same direction as automobile traffic in that operated upon any public street or highway 6.An application fee set by the city adminis-
<br /> lane. unless it is equipped with at least one head trator.Said fee shall be a good faith estimate of
<br /> 4.The ditch bottom or outside slope of any lamp, one tail lamp,each of a minimum candle the actual costs to be incurred by the City in pro-
<br /> drainage ditch which lies within,and runs paral- power as prescribed by rules established by the cessing the application.
<br /> lel to,any city controlled public road easement. Commissioner of the Minnesota Department of Subd. B. All applications for motorized
<br /> Motorized recreational vehicles may not be Natural Resources, and reflective material of a recreational vehicle trails shall be reviewed by
<br /> operated on any boulevard area where an iden- minimum area of 16 square inches mounted on the City Council.In determining whether to grant
<br /> tifiable ditch is not present. each side of the vehicle. permission for a trail,the Council shall consider
<br /> 5. The ditch bottom, or outside slope, of 181.9 MISCELLANEOUS REGULATIONS the following:
<br /> County Highway 8A east of Goodview Avenue, Subd.A. No owner shall permit the opera- 1.The public need for the proposed trail at
<br /> State Highway 61, County Highways 4, 4A, 7 tion of, and no operator shall operate, a motor- the location and scale proposed. 2. Potential
<br /> and 57. ized recreational vehicle at a speed in excess of impact of the trail on adjacent property owners.
<br /> 6. Posted trails approved for such use by fifteen (15) miles per hour within one-hundred 3. Potential impact of the proposed trail on
<br /> the Hugo City Council. (100)feet of any residential dwelling. future City development. 4. Potential impact of
<br /> Subd. B. Nothing in this Section shall be Subd.B. It is unlawful to intentionally drive, the proposed trail on environmentally sensitive
<br /> deemed to prohibit or restrict public officials and chase, run over or kill any animal or bird with a areas.5.The adequacy of the proposed trail to
<br /> law enforcement officers from operating any motorized recreational vehicle, except that safely serve its intended use.6.Such other cri-
<br /> type of vehicle on public or private lands and/or motorized recreational vehicles may be used to teria as the situation may require.
<br /> public waters when acting within the scope of herd or control domesticated farm animals by a Subd. C.The City Council shall deny all
<br /> official duties and/or employment. person engaged in a bona fide agricultural occu- applications for motorized recreational trails
<br /> Subd. C. A motorized recreational vehicle pation. when the applicant has not demonstrated to the
<br /> may be operated upon a public street or high- Subd. C. It is unlawful for any person to satisfaction of the Council:
<br /> way other than as provided in Section 181.6, operate a motorized recreational vehicle within 1.The need for the proposed trail. 2. The
<br /> Subd.A, in an emergency situation during peri- the City so as to tow any other person or thing in adequacy and safety of the proposed trail to
<br /> ods of time when,and at locations where,road- a public street or highway except through the 'serve its intended use. 3. The financial and
<br /> way conditions renders travel by automobile use of a rigid tow bar attached to the rear of the operative ability of the applicant to construct,
<br /> impractical. motorized recreational vehicle, except to tow a maintain and operate the trail as proposed. 4.
<br /> 181.7 HOURS AND DATES OF OPERA- disabled motorized recreational vehicle to a That the trail will not cause undue hardship
<br /> TION location for repairs to be made. and/or unreasonably disrupt the peaceful enjoy-
<br /> Subd. A. It is unlawful for any person to Subd.D. Every person leaving a motorized ment of the property owners adjacent to the pro-
<br /> operate a motorized recreational vehicle within recreational vehicle on a public place shall lock posed trail(or the public).
<br /> the City: the ignition,remove the key,and secure the key Subd. D.The City Council may grant per-
<br /> 1. After 11:00 PM Sunday through so as to prevent its unauthorized use. mission for the construction, maintenance and
<br /> Thursday until 6:30 AM the next morning. 2. Subd. E. It is unlawful for the operation of operation of a proposed trail by resolution where
<br /> Between 1:00 AM and 6:30 AM on Saturdays any motorized recreational vehicle to run-over or it has determined, at its sole discretion, that
<br /> and Sundays. otherwise damage any tree,shrub,flower, crop such a trail is warranted, feasible, and in the
<br /> Subd. B. A person shall not operate a or other vegetation under the managed care of best interest of the community.
<br /> motorized recreational vehicle within the public any individual or agency. Subd.E.In granting permission for the con-
<br /> road right-of-way of any City street, state high- Subd.F. No person shall operate a motor- struction, maintenance and operation of a trail,
<br /> way,or county highway from April 1 to August 1 ized recreational vehicle at such time,or in such the Council may grant,in the authorizing resolu-
<br /> of any year, unless the vehicle is being used manner,that causes permanent damage to any tion, exemptions from certain provisions of the
<br /> exclusively as transportation to and from work public street, sidewalk, or other facility. Such ordinance where the situation or design of the
<br /> on agriculture lands. damages include, but are not limited to,gouges trail so warrant such exemptions in the best
<br /> Subd. C. A person shall not operate a or cuts in pavement,cracking or spalling of con- interest of the City.
<br /> motorized recreational vehicle within the public crete surfaces and denting or breaking of cul- Subd. F.The Council may,in the authoriz-
<br /> road right-of-way of any city street, state high- verts. ing resolution,place special restrictions,regula-
<br /> way or county highway between the hours of Subd.G.It is unlawful to attach a fence-cut- tions and conditions on motorized recreational
<br /> one-half hour after sunset to one-half hour ting device of any kind to a motorized recre- vehicle trails when the situation or design of the
<br /> before sunrise, except on the right-hand side of ational vehicle. trail so warrant.
<br /> the right-of-way and in the same direction as 181.10 ESTABLISHMENT OF MOTOR- Subd. G. Should it appear to the Council
<br /> automobile traffic on the nearest land of the IZED RECREATIONAL VEHICLE TRAILS that the terms and conditions which it has
<br /> adjacent roadway. Subd.A.Individuals or groups may apply to placed upon a trail are not being adhere to, or
<br /> 181.8 REQUIRED EQUIPMENT the City Council for permission to establish and that they are not adequate,sufficient,or neces-
<br /> Subd.A.Every motorized recreational vehi- improve trails for the use of motorized recre- sary to protect the health,safety,and welfare of
<br /> cle shall at all times be equipped with the muffler ational vehicles. Application shall be made to the public,then the Council may,by Resolution,
<br /> in good working order,which blends the exhaust the city clerk and provide the following informa- rescind its approval for the operation, mainte-
<br /> noise into the overall vehicle noise, and is in tion: nance and use of any trail,or amend the condi-
<br /> constant operation to prevent excessive or 1. All applications shall clearly identify the tions of the resolution approving this trail,as the
<br /> unusual noise.Mufflers shall reduce the noise of person or group applying for the trail permit,to situation warrants.
<br /> operation of the motor to the minimum neces- include the address and daytime phone number EFFECTIVE DATE:This ordinance shall be
<br /> sary for operation.No person shall use a muffler of a contact person. in full force and effect from and after its passage
<br /> cutout, bypass, or similar device upon a motor- 2. A map clearly identifying the proposed and publication.
<br /> ized recreational vehicle. The exhaust system route of the trail, indicating its alignment, width, Upon roll call,the following members voting
<br /> shall not emit or produce a sharp popping or relationship to public road right-of-ways, and AYE:Barnes,Goiffon,LaValle,Leroux,Miron
<br /> cracking sound. connections to other trails and destination Voting NAY:NONE
<br /> Subd.B.Every motorized recreational vehi- points. Whereupon said ordinance was declared
<br /> 'e shall be equipped with brakes adequate to 3.Written permission from all property own- passed and adopted this 20th day of March,
<br /> ntrol the movement of,and to stop and hold, ers whose land the trail crosses for the construc- 1995.
<br /> Fran Miron,Mayor
<br /> ATTEST:
<br /> Mary Ann Creager,City Clerk
<br /> Published in the White Bear Press this 29th
<br /> day of March,1995.
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