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HomeMy WebLinkAbout1995.03.20 ORD 1995-297 ORDINANCE 95-297 AN ORDINANCE REPEALING THE EXISTING CHAPTER 181 IN ITS ENTIRETY AND ADOPTING A REVISED MOTORIZED RECREATIONAL VEHICLES ORDINANCE 181 . 1 PURPOSE AND INTENT. It is the intent of this ordinance to protect the public' s safety and property , as well as promote peace and repose in the community through regulating the operation of all manner of motorized recreational vehicles, including snowmobiles, off-highway motorcycles, all-terrain vehicles, and all other motorized conveyances which are primarily used , or intended to be used , for off-road recreational purposes. 181 .2 REPEAL OF INCONSISTENT ORDINANCE. That certain ordinance entitled "Motorized Recreational Vehicles" , Chapter 181 of the Hugo City Code is hereby repealed in its entirety and replaced with the provisions contained in this ordinance. 181 .3 DEFINITIONS. A. Motorized Recreational means an off-highway motorcycle, as defined in Minnesota Statute 84.787, Subd . 7, an "off-road vehicle" pursuant to Minnesota Statute 84.797, Subd . 7 , a "snowmobile" pursuant to Minnesota Statute 87.81 , Subd . 3, an "all-terrain vehicle" pursuant to Minnesota Statute 84-92, Subd . 8, and/or any other vehicle, which is primarily used or intended to be used for off-road recreational purposes. B. means all that area of a public road right-of-way or easement other than the roadway . C. Road . means any portion of a public road right of-way or easement improved , designed , or ordinarily used for vehicular traffic. D. The remaining words, terms, and phrases used in the chapter shall have their meanings ascribed to them in the definitional section of the Minnesota Statutes 84-787 to 84-929, except where the context clearly indicates a different meaning . 181 .4 STATE LAW ADOPTED. Minnesota Statutes 84.787 to 84.929 inclusive, and as hereafter amended , are adopted by reference as if herein set forth in full . 181 . 5 APPLICATION OF TRAFFIC LAWS. All local and state traffic laws shall apply to the operation of motorized recreational vehicles within the City of Hugo except for those relating to required equipment, and except those which, by their nature, have no application . 1 . ' 181 .6 AREAS WHERE THE OPERATION OF MOTORIZED RECREATIONAL VEHICLES ARE PERMITTED. Subd . A. It shall be unlawful for any person to operate a motorized recreational vehicles within the limits of the City of Hugo except on : 1 . Private property with the specific written , dated , and signed permission of the owner or person in control of the property . Such permission must be carried with the operator of the vehicle at all times the vehicle is being operated on the property , unless the operator is the owner, or family member of the owner of the property . 2. Public lands and waters under jurisdiction of the Commissioner of the Minnesota Department of Natural Resources as permitted by law. 3. City streets when traveling in the most right-hand lane available for automobile traffic, or as close as practicable to the right-hand curb or edge of the roadway , and when traveling in the same direction as automobile traffic in that lane. 4. The ditch bottom or outside slope of any drainage ditch which lies within , and runs parallel to, any City controlled public road easement. Motorized recreational vehicles may not be operated on any boulevard area where an identifiable ditch is not present. 5. The ditch bottom, or outside slope, of County Highway BA east of Goodview Avenue, State Highway 61 , County Highways 4, 4A, 7 and 57. 6. Posted trails approved for such use by the Hugo City Council . Subd . B. Nothing in this Section shall be deemed to prohibit or restrict public officials and law enforcement officers from operating any type of vehicle on public or private lands and/or public waters when acting within the scope of official duties and/or employment . Subd . C. A motorized recreational vehicle may be operated upon a public street or highway other than as provided in Section 181-6, Subd . A, in an emergency situation during periods of time when , and at locations where, roadway conditions renders travel by automobile impractical . 181 .7 HOURS AND DATES OF OPERATION Subd . A. It is unlawful for any person to operate a motorized recreational vehicle within the City : 1 . After 11 :00PM Sunday through Thursday until 6:30AM the next morning . 2. Between 1 :00 AM and 6:30AM on Saturdays and Sundays. 2 • . . Subd . B. A person shall not operate a motorized recreational vehicle within the public road right-of-way of any City street, state highway , or county highway from April 1 to August 1 of any year, unless the vehicle is being used exclusively as transportation to and from work on agricultural lands. Subd . C. A person shall not operate a motorized recreational vehicle within the public road right-of-way of any city street, state highway or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direction as automobile traffic on the nearest land of the adjacent roadway . 181 .8 REQUIRED EQUIPMENT Subd. A. Every motorized recreational vehicle shall at all times be equipped with the muffler in good working order, which blends the exhaust noise into the overall vehicle noise, and is in constant operation to prevent excessive or unusual noise. Mufflers shall reduce the noise of operation of the motor to the minimum necessary for operation . No person shall use a muffler cutout, bypass, or similar device upon a motorized recreational vehicle. The exhaust system shall not emit or produce a sharp popping or cracking sound . Subd . B. Every motorized recreational vehicle shall be equipped with brakes adequate to control the movement of , and to stop and hold , said vehicle under any condition of operation . Subd . C. It is unlawful for any person to operate a motorized recreational vehicle any place within the City unless it is equipped with a safety or so-called "deadman" throttle in operating condition . "Safety or Deadman" throttle means a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track . Subd . D. No recreational vehicle shall be operated upon any public street or highway unless it is equipped with at least one head lamp, one tail lamp, each of a minimum candle power as prescribed by rules established by the Commissioner of the Minnesota Department of Natural Resources, and reflective material of a minimum area of 16 square inches mounted on each side of the vehicle. 181 .9 MISCELLANEOUS REGULATIONS Subd . A. No owner shall permit the operation of , and no operator shall operate, a motorized recreational vehicle at a speed in excess of fifteen ( 15) miles per hour within one-hundred ( 100) feet of any residential dwelling . Subd . B. It is unlawful to intentionally drive, chase, run over, or kill any animal or bird with a motorized recreational vehicle, except that motorized recreational vehicles may be used to herd or control domesticated farm animals by a person engaged in a bona fide agricultural occupation . 3 '` . Subd . C. It is unlawful for any person to operate a motorized recreational vehicle within the City so as to tow any other person or thing in a public street or highway except through the use of a rigid tow bar attached to the rear of the motorized recreational vehicle, except to tow a disabled motorized recreational vehicle to a location for repairs to be made. Subd . D. Every person leaving a motorized recreational vehicle on a public place shall lock the ignition , remove the key , and secure the key so as to prevent its unauthorized use. Subd . E. It is unlawful for the operation of any motorized recreational vehicle to run-over or otherwise damage any tree, shrub, flower, crop or other vegetation under the managed care of any individual or agency . Subd . F. No person shall operate a motorized recreational vehicle at such time, or in such manner, that causes permanent damage to any public street, sidewalk , or other facility . Such damages include, but are not limited to, gouges or cuts in pavement, cracking or spalling of concrete surfaces and denting or breaking of culverts. Subd . G. It is unlawful to attach a fence-cutting device of any kind to a motorized recreational vehicle. 181 . 10 ESTABLISHMENT OF MOTORIZED RECREATIONAL VEHICLE TRAILS Subd . A. Individuals or groups may apply to the City Council for permission to establish and improve trails for the use of motorized recreational vehicles. Application shall be made to the city clerk and provide the following information: 1 . All applications shall clearly identify the person or group applying for the trail permit, to include the address and daytime phone number of a contact person . 2. A map clearly identifying the proposed route of the trail , indicating its alignment, width, relationship to public road right-of-ways, and connections to other trails and destination points. 3. Written permission from all property owners whose land the trail crosses for the construction , maintenance and operation of the trail , in such form is acceptable to the city attorney . 4 . A statement as to who shall be liable for any injury or property damage resulting from the construction , maintenance and use of the trail , together with evidence of the responsible parties financial ability to provide such insurance or other security necessary to protect the City from financial loss. 5. A development and operations plan for the proposed trail . 4 . ..''. . 6. An application fee set by the city administrator . Said fee shall be a good faith estimate of the actual costs to be incurred by the City in processing the application . Subd . B. All applications for motorized recreational vehicle trails shall be reviewed by the City Council . In determining whether to grant permission for a trail , the Council shall consider the following : 1 . The public need for the proposed trail at the location and scale proposed . 2. Potential impact of the trail on adjacent property owners. 3. Potential impact of the proposed trail on future City development . 4 . Potential impact of the proposed trail on environmentally sensitive areas. 5. The adequacy of the proposed trail to safely serve its intended use. 6. Such other criteria as the situation may require. Subd . C. The City Council shall deny all applications for motorized recreational trails when the applicant has not demonstrated to the satisfaction of the Council : 1 . The need for the proposed trail . 2. The adequacy and safety of the proposed trail to serve its intended use. 3. The financial and operative ability of the applicant to construct, maintain and operate the trail as proposed . 4 . That the trail will not cause undue hardship and/or unreasonably disrupt the peaceful enjoyment of the property owners adjacent to the proposed trail (or the public) . Subd . D. The City Council may grant permission for the construction , maintenance and operation of a proposed trail by resolution where it has determined , at its sole discretion , that such a trail is warranted , feasible, and in the best interest of the community . Subd . E. In granting permission for the construction , maintenance and operation of a trail , the Council may grant, in the authorizing resolution , exemptions from certain provisions of the ordinance where the situation or design of the trail so warrant such exemptions in the best interest of the City . Subd . F. The Council may , in the authorizing resolution , place special restrictions, regulations and conditions on motorized recreational vehicle trails when the situation or design of the trail so warrant. Subd . G. Should it appear to the Council that the terms and conditions which it has placed upon a trail are not being adhered to, or that they are not adequate, sufficient, or necessary to protect the health, safety , and welfare of the public, then the Council may , 5 .. `,.. by Resolution , rescind its approval for the operation , maintenance and use of any trail , or amend the conditions of the resolution approving this trail , as the situation warrants. EFFECTIVE DATE: This ordinance shall be in full force and effect from and after its passage and publication . Upon roll call , the following members voting AYE: Barnes, Goiffon , LaValle, Leroux , Miron Voting NAY: NONE Whereupon said ordinance was declared passed and adopted this 20th day of March, 1995. � ~4-~------ � Fran Miron , Mayor ATTEST : � // Mary ,-�------ r, City erk Published in the White Bear Press this 29th day of March, 1995. 6 PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as The White Bear Press, and that I have full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constitut- ing qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B)The Printed PUBLIC NOTICE CITY OF HUGO which is attached was cut from the columns of said newspaper, and PUBLIC HEARING The Hugo City Council has scheduled a was printed and published once each week, for ONE successive weeks; public hearing for Monday, March 20, 1995 Hugo City Hall,7:15 PM,to consider adoption it was first published on WEDNESDAY , the 8 day of of a revised Motor Recreational Vehicle ordi- nance in an effort to make the ordinance easier MARCH , 19 95 , and was thereafter printed and published on to understand.A full and complete copy of the proposed ordinance is on file in the office of the every to and including City Clerk.Anyone wishing to comment on this matter will be heard at this time. the day of , 19 ; and printed below is a Mary Ann Creager,City Clerk Published in the White Bear Press March 8, copy of the lower case alphabet from A to Z, both inclusive, which is 1995. hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijkimnopgrstuvwxyz /� BY: U TITLE: Publisher Subscribed and sworn to before me on tI< -' .. MAVIS PETERSON ' "' NOTARY PUBLIC-MINNESOTA this 8 day of MARCH ,1995 WASHINGTON COUNTY *• My Commission Expires Jan.31,2000 Notary Public, Ramsey County, Minn. My commission expires JANUARY 31 , 2000 . RATE RATE INFORMATION (1)Lowest classified rate paid by commercial users for comparable $ 3.10 space. (Line,word, or inch rate) (2)Maximum rate allowed by law for $ 3.10 the above matter. (Line, word, or inch rate) (3)Rate actually charged for the $ above matter. (Line,word, or inch rate) • r Y PRINTER'S AFFIDAVIT OF PUBLICATION AFFIDAVIT OF PUBLICATION CITY OF HUGO STATE OF MINNESOTA) ORDINANCE 95-297 County of Ramsey ) AN ORDINANCE REPEALING THE EXISTING CHAPTER 181 IN ITS ENTIRETY AND ADOPTING A REVISED MOTORIZED RECREATIONAL VEHICLES ORDINANCE. I, the publisher, or the publisher's designated agent, being duly sworn, 181.1 PURPOSE AND is the intent of this ordinance to prlotect t the NTENT. (public's on oath state that I am the publisher, or the publisher's designated safety and property, as well as promote peace and repose in the community through regulating agent and an employee of the newspaper known as The White Bear the operation of all manner of motorized recre- ational vehicles, including snowmobiles, off- Press, and that I have full knowledge of the facts which are stated highway motorcycles,all-terrain vehicles,and all other motorized conveyances which are primari- below: ly used, or intended to be used,for off-road recreational purposes. (A)The newspaper has complied with all of the requirements constitut- 181.2 REPEAL OF INCONSISTENT ORDI- NANCE. That certain ordinance entitled ing qualification as a qualified newspaper, as provided by Minnesota "Motorized Recreational Vehicles", Chapter 181 of the Hugo City Code is hereby repealed in its Statute 331A.02, 331A.07, and other applicable laws, as amended. entirety and replaced with the provisions con- tained in this ordinance. (B)The Printed PUBKIC NOTICE 181.3 DEFINITIONS A. Motorized Recreational Vehicle means an off-highway motorcycle, as defined in Minnesota Statute 84.787, Subd. 7, and "off- which is attached was cut from the columns of said newspaper, and road vehicle" pursuant to Minnesota Statute 84.797, Subd. 7, a "snowmobile" pursuant to was printed and published once each week, for ONE successive weeks; Minnesota Statute 87.81,Subd.3,an"all-terrain vehicle" pursuant to Minnesota Statute 84-92, it was first published on WEDNESDAY , the 29 day of Subd. 8, and/or any other vehicle, which is pri- marily used or intended to be used for off-road recreational purposes. MARCH , 19 95, and was thereafter printed and published on B.Boulevard means all that area of a public to and including right-of-way or easement other than the every , roadway. C. Roadway means any portion of a public the day of , 19 ; and printed below is a road right-of-way or easement improved, designed,or ordinarily used for vehicular traffic. copy of the lower case alphabet from A to Z, both inclusive, which is D.The remaining words,terms,and phras- es used in the chapter shall have their meanings hereby acknowledged as being the size and kind of type used in the ascribed to them in the definitional section of the Minnesota Statutes 84-787 to 84-929, except composition and publication of the notice: where the context clearly indicates a different meaning. abcdefghijklmnopgrstuvwxyzAFs 181.4 STATE LAW ADOPTED. Minnesota A�i `'/{,, _ Statutes 84.787 to 84.929 inclusive, and as B �, / / /- hereafter amended,are adopted by reference as — " if herein set forth in full. 181.5 APPLICATION OF TRAFFIC LAWS. TITLE: PublisherAll local and state traffic laws shall apply to the operation of motorized recreational vehicles within the City of Hugo except for those relating to required equipment,and except those which, Subscribed and sworn to before me on by their nature,have no application. 181.6 AREAS WHERE THE OPERATION this 29 day of u::41.i. . OF MOTORIZED RECREATIONAL VEHICLES MAVIS PETERSON ARE PERMITTED. . !� 'il NOTARY PUBLIC-MINNESOTA Subd.A. It shall be unlawful for any person k '�- WASHINGTON COUNTY to operate a motorized recreational vehicles A A w/!//fir .!, within the limits of the City of Hugo except on: 1. Private property with the specific written, Notary Public, Ramsey County, Minn. dated, and signed permission of the owner or person in control of the property. Such permis- sion must be carried with the operator of the My commission expires JANUARY 31 , 2 000 . vehicle at all times the vehicle is being operated on the property, unless the operator is the owner, or family member of the owner of the RATE INFORMATION " P (1)Lowest classified rate paid by ;y.-t) commercial users for comparable $ 3.10 I; space. (Line,word, or inch rate) r,.til+ • (2)Maximum rate allowed by law for $ 3.10 the above matter. (Line,word, or inch rate) I i (3)Rate actually charged for the $ above matter. (Line, word, or inch rate) said vehicle under any condition of operation. tion, maintenance and operation of the trail, in Subd. C. It is unlawful for any person to such form is acceptable to the city attorney. property. operate a motorized recreational vehicle any 4.A statement as to who shall be liable for 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 of the Commissioner of the Minnesota safety or so-called"deadman"throttle in operat- construction, maintenance and use of the trail, Department of Natural Resources as permitted ing condition. "Safety or Deadman" throttle together with evidence of the responsible parties by law. means a device which, when pressure is financial ability to provide such insurance or 3. City streets when traveling in the most removed from the engine accelerator or throttle, other security necessary to protect the City from right-hand lane available for automobile traffic, causes the motor to be disengaged from the dri- financial loss. or as close as practicable to the right-hand curb ving track. 5.A development and operations plan for or edge of the roadway, and when traveling in Subd. D. No recreational vehicle shall be the proposed trail. the same direction as automobile traffic in that operated upon any public street or highway 6.An application fee set by the city adminis- lane. unless it is equipped with at least one head trator.Said fee shall be a good faith estimate of 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- drainage ditch which lies within,and runs paral- power as prescribed by rules established by the cessing the application. lel to,any city controlled public road easement. Commissioner of the Minnesota Department of Subd. B. All applications for motorized Motorized recreational vehicles may not be Natural Resources, and reflective material of a recreational vehicle trails shall be reviewed by operated on any boulevard area where an iden- minimum area of 16 square inches mounted on the City Council.In determining whether to grant tifiable ditch is not present. each side of the vehicle. permission for a trail,the Council shall consider 5. The ditch bottom, or outside slope, of 181.9 MISCELLANEOUS REGULATIONS the following: County Highway 8A east of Goodview Avenue, Subd.A. No owner shall permit the opera- 1.The public need for the proposed trail at State Highway 61, County Highways 4, 4A, 7 tion of, and no operator shall operate, a motor- the location and scale proposed. 2. Potential and 57. ized recreational vehicle at a speed in excess of impact of the trail on adjacent property owners. 6. Posted trails approved for such use by fifteen (15) miles per hour within one-hundred 3. Potential impact of the proposed trail on the Hugo City Council. (100)feet of any residential dwelling. future City development. 4. Potential impact of Subd. B. Nothing in this Section shall be Subd.B. It is unlawful to intentionally drive, the proposed trail on environmentally sensitive 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 law enforcement officers from operating any motorized recreational vehicle, except that safely serve its intended use.6.Such other cri- type of vehicle on public or private lands and/or motorized recreational vehicles may be used to teria as the situation may require. public waters when acting within the scope of herd or control domesticated farm animals by a Subd. C.The City Council shall deny all official duties and/or employment. person engaged in a bona fide agricultural occu- applications for motorized recreational trails Subd. C. A motorized recreational vehicle pation. when the applicant has not demonstrated to the may be operated upon a public street or high- Subd. C. It is unlawful for any person to satisfaction of the Council: way other than as provided in Section 181.6, operate a motorized recreational vehicle within 1.The need for the proposed trail. 2. The 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 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 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, impractical. motorized recreational vehicle, except to tow a maintain and operate the trail as proposed. 4. 181.7 HOURS AND DATES OF OPERA- disabled motorized recreational vehicle to a That the trail will not cause undue hardship TION location for repairs to be made. and/or unreasonably disrupt the peaceful enjoy- 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- operate a motorized recreational vehicle within recreational vehicle on a public place shall lock posed trail(or the public). the City: the ignition,remove the key,and secure the key Subd. D.The City Council may grant per- 1. After 11:00 PM Sunday through so as to prevent its unauthorized use. mission for the construction, maintenance and 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 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 and Sundays. otherwise damage any tree,shrub,flower, crop such a trail is warranted, feasible, and in the Subd. B. A person shall not operate a or other vegetation under the managed care of best interest of the community. motorized recreational vehicle within the public any individual or agency. Subd.E.In granting permission for the con- 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, 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- of any year, unless the vehicle is being used manner,that causes permanent damage to any tion, exemptions from certain provisions of the exclusively as transportation to and from work public street, sidewalk, or other facility. Such ordinance where the situation or design of the on agriculture lands. damages include, but are not limited to,gouges trail so warrant such exemptions in the best Subd. C. A person shall not operate a or cuts in pavement,cracking or spalling of con- interest of the City. motorized recreational vehicle within the public crete surfaces and denting or breaking of cul- Subd. F.The Council may,in the authoriz- road right-of-way of any city street, state high- verts. ing resolution,place special restrictions,regula- way or county highway between the hours of Subd.G.It is unlawful to attach a fence-cut- tions and conditions on motorized recreational 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 before sunrise, except on the right-hand side of ational vehicle. trail so warrant. the right-of-way and in the same direction as 181.10 ESTABLISHMENT OF MOTOR- Subd. G. Should it appear to the Council automobile traffic on the nearest land of the IZED RECREATIONAL VEHICLE TRAILS that the terms and conditions which it has adjacent roadway. Subd.A.Individuals or groups may apply to placed upon a trail are not being adhere to, or 181.8 REQUIRED EQUIPMENT the City Council for permission to establish and that they are not adequate,sufficient,or neces- Subd.A.Every motorized recreational vehi- improve trails for the use of motorized recre- sary to protect the health,safety,and welfare of 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, in good working order,which blends the exhaust the city clerk and provide the following informa- rescind its approval for the operation, mainte- noise into the overall vehicle noise, and is in tion: nance and use of any trail,or amend the condi- constant operation to prevent excessive or 1. All applications shall clearly identify the tions of the resolution approving this trail,as the unusual noise.Mufflers shall reduce the noise of person or group applying for the trail permit,to situation warrants. operation of the motor to the minimum neces- include the address and daytime phone number EFFECTIVE DATE:This ordinance shall be sary for operation.No person shall use a muffler of a contact person. in full force and effect from and after its passage cutout, bypass, or similar device upon a motor- 2. A map clearly identifying the proposed and publication. ized recreational vehicle. The exhaust system route of the trail, indicating its alignment, width, Upon roll call,the following members voting shall not emit or produce a sharp popping or relationship to public road right-of-ways, and AYE:Barnes,Goiffon,LaValle,Leroux,Miron cracking sound. connections to other trails and destination Voting NAY:NONE Subd.B.Every motorized recreational vehi- points. Whereupon said ordinance was declared 'e shall be equipped with brakes adequate to 3.Written permission from all property own- passed and adopted this 20th day of March, ntrol the movement of,and to stop and hold, ers whose land the trail crosses for the construc- 1995. Fran Miron,Mayor ATTEST: Mary Ann Creager,City Clerk Published in the White Bear Press this 29th day of March,1995.