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C.Within the right-of-way of any inter-
<br /> state highway or freeway within the
<br /> City. G.Every motorized recreational vehi-
<br /> D. On any public sidewalk provided cle shall be equipped with brakes ade-
<br /> for pedestrian travel. quate to control the movement of and to
<br /> E.On any bicycle bath constructed for stop and hold said vehicle under any
<br /> the use of bicycles. condition of operation.
<br /> F. On boulevards within any public H.Hours of Operation. It is unlawful
<br /> right-of-way. for any person to operate a motorized
<br /> G. On private property of another recreational vehicle within the City:
<br /> -"thout specific written,dated permis- 1.During the hours from 11:00 p.m.to
<br /> i of the owner or person in control of 6:30 a.m. from Sunday through Thurs-
<br /> property.Said permission must be day;and,
<br /> carried with the operator when operat- 2.During the hours from 1:00 a.m.to
<br /> ing a motorized recreational vehicle on 6:30 a.m.on Fridays and Saturdays.
<br /> said private property. 181.70 Exemptions.
<br /> H. In any public park,public nature A.Individuals or groups may apply to
<br /> preserve,restricted public property,or the City Council to obtain an exemption
<br /> public waters unless such property is for established and improved snowmo-
<br /> posted with City signs specifically allow- bile trails. Said exemptions shall ex-
<br /> ing the operation of motorized recre- empt the trail(s) from certain provi-
<br /> ational vehicles therein, and setting sions of this Ordinance provided the
<br /> forth the hours of the day that such oper- Council, in its sole discretion, believes
<br /> ation shall be allowed.Provided,howev- that such an exemption would be in the
<br /> er,that in the event such property is so best interests of the City.
<br /> posted,it shall be unlawful for any per- B. Applications shall be made on a
<br /> son to operate any motorized recre- form available from the City Clerk.
<br /> ational vehicle within one hundred(100) C.Applications shall pay a fee set by
<br /> feet of any fisherman,pedestrian,skat- the City Administrator. Said fee shall
<br /> ing rink,or sliding area where the oper- not exceed a good faith estimate of the
<br /> ation would conflict with the use or en- actual costs to be incurred by the City in
<br /> danger other persons or property. The processing said Application.
<br /> Council shall, by resolution, establish D.All applications shall clearly identi-
<br /> those areas where motorized recre- fy the person or group applying for the
<br /> ational vehicles are allowed to operate, exemption,to include address and day-
<br /> and the hours of operation within such time phone number of a contact person.
<br /> areas.This subdivision shall not apply to E.Applications must clearly describe
<br /> those public waters and areas adjacent the trails)which is(are)sought to be
<br /> thereto under the jurisdiction of the Min- exempted from this ordinance.Said de-
<br /> nesota Department of Natural Resourc- scription must include a beginning and
<br /> es. ending point and identify each road that
<br /> I.On any other public place except as the trail(s)will cross.
<br /> may be specifically permitted by ordi- F. Applications must list those por-
<br /> tions of the Ordinance that they propose
<br /> nonce. to be exempted from.
<br /> J. At any other place, public or pri- G.The City Council may,by Resolu-
<br /> vate,where signs prohibit the operation tion,approve of an exemption to certain
<br /> of motorized recreational vehicles. provisions of this Ordinance. Exemp-
<br /> K. No owner shall permit the opera- tions shall only be granted if the exemp-
<br /> tion of,and no operator shall operate,a tion will not have any adverse impact
<br /> motorized recreational vehicle at a upon the health,safety,and/or welfare
<br /> speed in excess of fifteen(15)miles per of the residents of Hugo and will further
<br /> hour within one-hundred (100) feet of the best interests of the City.
<br /> any residential dwelling. H.A Council Resolution approving of
<br /> L. Nothing in this Section shall be an exemption shall list the exact provi-
<br /> deemed to prohibit or restrict public of- sions of the Ordinance that no longer ap-
<br /> ficials and law enforcement officers ply to the trail(s).The Resolution shall
<br /> from operating any type of vehicle on also contain such other terms and condi-
<br /> public or private lands and/or public tions that will apply to said trail(s)so as
<br /> waters when acting within the scope of to insure the safety of the public.
<br /> official duties and/or employment. I.Should it appear to the Council that
<br /> 181.60 Miscellaneous Regulations. the terms and conditions which it has
<br /> A.Every motorized recreational vehi- placed upon an exempt trail are not be-
<br /> cle shall at all times be equipped with ing adhered to,or that they are not ade-
<br /> the muffler in good working order which quote,sufficient,or necessary to protect
<br /> blends the exhaust noise into the overall the health, safety, and welfare of the
<br /> vehicle noise and is in constant opera- public,then the Council may,by Resolu-
<br /> tion to prevent excessive or unusual hon,remove the exempt status from any
<br /> noise.Mufflers shall reduce the noise of trail(s) or add to, subtract from,
<br /> operation of the motor to the minimum change,or modify the terms and condi-
<br /> necessary for operation.No person shall tions applicable thereto.
<br /> use a muffler cut-out,bypass,or similar J.No Resolution granting,removing,
<br /> device upon a motorized recreational or modifying the exempt status of any
<br /> vehicle. The exhaust system shall not trail shall be made except following a
<br /> emit or produce a sharp popping or public hearing before the City Council.
<br /> cracking sound. Said hearing must be preceded by at
<br /> B.It is unlawful for any person to op- least ten (10) days published notice of
<br /> erate a motorized recreational vehicle said hearing.
<br /> any place within the City unless it is 181.80 Penalties.
<br /> equipped with a safety or so-called Any person,firm,or corporation con-
<br /> "dead man"throttle in operating condi- victed of violating any of the provisions
<br /> tion. "Safety or deadman" throttle of this Ordinance shall be guilty of a
<br /> means a device which,when pressure is misdemeanor.
<br /> removed from the engine accelerator or 181.90 Effective Date.
<br /> throttle, causes the motor to be disen- This ordinance shall be in full force
<br /> gaged from the driving track. and effect from and after its passage '
<br /> C. It shall be unlawful to attach a and publication according to law.
<br /> fence-cutting device of any kind to a mo- Passed and adopted by the City Coun-
<br /> torized recreational vehicle. cil of the City of Hugo, Washington
<br /> D.Every person leaving a motorized
<br /> recreational vehicle on a public place County,Minnesota,on March 21,1994.
<br /> shall lock the ignition,remove the key Dated this 23rd day of March,1994.
<br /> and take the same with him/her. CITY OF HUGO
<br /> E.It is unlawful to intentionally drive, /s/Walter L.Stoltzman
<br /> chase, run over,or kill any animal or Walter L.Stoltzman,Mayor
<br /> bird with a motorized recreational vehi- ATTEST:
<br /> cle,except that motorized recreational /s/Mary Ann Creager
<br /> vehicles may be used to herd or control Mary Ann Creager,City Clerk
<br /> domesticated farm animals by a person (Published in THE TIMES
<br /> engaged in a bona fide agricultural oc- March 31,1994)
<br /> cupation.
<br /> F.It is unlawful for any person to op-
<br /> erate a motorized recreational vehicle
<br /> within the City so as to tow any other
<br /> person or thing in a public street or high-
<br /> way except through the use of a rigid
<br /> tow bar attached to the rear of the mo-
<br /> torized recreational vehicle, except to
<br /> tow a disabled motorized recreational
<br /> vehicle to a location for repairs to be
<br /> made.
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