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HomeMy WebLinkAbout1994.03.21 ORD 1994-290 ORDINANCE NO. 94-290 AN ORDINANCE AMENDING CITY ORDINANCES CHAPTER 181 AND CHAPTER 270 THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, DOES HEREBY ORDAIN AS FOLLOWS: A. That City Ordinance Chapter 270 is hereby REPEALED. B. That City Ordinance Chapter 181 is hereby AMENDED as follows: Chapter 181 of the Hugo City Ordinances is amended by deleting the existing Ordinance in its entirety and replacing it with the following: CHAPTER 181 - MOTORIZED RECREATIONAL VEHICLES Section 181. 10 Application of Ordinance. It is the intent of this Ordinance that it should apply to all manner of motorized recreational vehicles, including snowmobiles, off-highway motorcycles, all terrain vehicles, off- road vehicles, and/or any other vehicle which is primarily used or intended to be used for off-road recreational purposes. It is intended that this ordinance will supplement the State Statutes which are cited herein. This Ordinance is not intended to allow what the State Statutes prohibit. Section 181. 20 Definitions. A. Motorized Recreational Vehicle 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 Statutes §84 . 81, Subd. 3 , an "all terrain vehicle" pursuant to Minnesota Statutes §84 . 92 , Subd. 8 , and/or any other vehicle which is primarily used or intended to be used for off-road recreational purposes. B. Roadway means any City, County, or State road, street, highway, trail, alley, State Aid Highway, trunk highway, boulevard, avenue, lane, cul-de-sac or other public thoroughfare intended primarily for use by automobiles. • s C. The remaining words, terms and phrases used in this Chapter shall have the meanings ascribed to them in the definitional sections of Minnesota Statutes §84 . 787 to §84 . 929 , except where the context clearly indicates a different meaning. 181. 30 State Law Adopted. Minnesota Statutes §84 .787 to §84 . 929 inclusive, and as hereafter amended, is adopted by reference herein as if set forth at length in this Chapter. 181.40 Application of Traffic Laws. All local and State traffic laws shall apply to the operation of motorized recreational vehicles upon the streets and highways of the City of Hugo except for those relating to required equipment, and except those which, by their very nature, have no application. 181.50 Restrictions on Operation of Motorized Recreational Vehicles. Except as specifically permitted and authorized, it is unlawful for any person to operate a motorized recreational vehicle within the city limits of the City of Hugo in any of the following situations: A. Upon that portion of any roadway which is primarily intended for automobile traffic except: 1. To cross said roadway in accordance with State Statutes. 2 . When travelling 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 travelling in the same direction as automobile traffic in that lane. B. When travelling in or on a shoulder, ditch, or other area adjacent to any roadway, motorized recreational vehicles shall be operated only in the same direction as the vehicle traffic in that nearest lane. C. Within the right-of-way of any interstate highway or freeway within the City. D. On any public sidewalk provided for pedestrian travel. E. On any bicycle path constructed for the use of bicycles. F. On boulevards within any public right-of-way. G. On private property of another without specific written, dated permission of the owner or person in control of the property. Said permission must be carried with the operator when operating a motorized recreational vehicle on said private property. H. In any public park, public nature preserve, restricted public property, or public waters unless such property is posted with City signs specifically allowing the operation of motorized recreational vehicles therein, and setting forth the hours of the day that such operation shall be allowed. Provided, however, that in the event such property is so posted, it shall be unlawful for any person to operate any motorized recreational vehicle within one hundred (100) feet of any fisherman, pedestrian, skating rink, or sliding area where the operation would conflict with the use or endanger other persons or property. The Council shall, by resolution, establish those areas where motorized recreational vehicles are allowed to operate, and the hours of operation within such areas. This subdivision shall not apply to those public waters and areas adjacent thereto under the jurisdiction of the Minnesota Department of Natural Resources. I . On any other public place except as may be specifically permitted by ordinance. J. At any other place, public or private, where signs prohibit the operation of motorized recreational vehicles. K. 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. L. 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. 181. 60 Miscellaneous Regulations. 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 cut-out, bypass, or similar device upon a motorized recreational vehicle. The exhaust system shall not emit or produce a sharp popping or cracking sound. B. 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 "dead man" 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. C. It shall be unlawful to attach a fence-cutting device of any kind to a motorized recreational vehicle. D. Every person leaving a motorized recreational vehicle on a public place shall lock the ignition, remove the key and take the same with him/her. E. 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. F. 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. G. 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. H. Hours of Operation. It is unlawful for any person to operate a motorized recreational vehicle within the City: 1. During the hours from 11: 00 p.m. to 6: 30 a.m. from Sunday through Thursday; and, 2 . During the hours from 1: 00 a.m. to 6: 30 a.m. on Fridays and Saturdays. 181. 70 Exemptions. A. Individuals or groups may apply to the City Council to obtain an exemption for established and improved snowmobile trails. Said exemptions shall exempt the trail (s) from certain provisions of this Ordinance provided the Council, in its sole discretion, believes that such an exemption would be in the best interests of the City. B. Applications shall be made on a form available from the City Clerk. C. Applicants shall pay a fee set by the City Administrator. Said fee shall not exceed a good faith estimate of the actual costs to be incurred by the City in processing said Application. D. All applications shall clearly identify the person or group applying for the exemption, to include address and daytime phone number of a contact person. E. Applications must clearly describe the trail (s) which is (are) sought to be exempted from this ordinance. Said description must include a beginning and ending point and identify each road that the trail (s) will cross. F. Applications must list those portions of the Ordinance that they propose to be exempted from. G. The City Council may, by Resolution, approve of an exemption to certain provisions of this Ordinance. Exemptions shall only be granted if the exemption will not have any adverse impact upon the health, safety, and/or welfare of the residents of Hugo and will further the best interests of the City. H. A Council Resolution approving of an exemption shall list the exact provisions of the Ordinance that no longer apply to the trail (s) . The Resolution shall also contain such other terms and conditions that will apply to said trail (s) so as to insure the safety of the public. I. Should it appear to the Council that the terms and conditions which it has placed upon an exempt 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, by Resolution, remove the exempt status from any trail (s) or add to, subtract from, change, or modify the terms and conditions applicable thereto. J. No Resolution granting, removing, or modifying the exempt status of any trail shall be made except following a public hearing before the City Council. Said hearing must be preceded by at least ten (10) days published notice of said hearing. 181.80 Penalties. Any person, firm, or corporation convicted of violating any of the provisions of this Ordinance shall be guilty of a misdemeanor. 181.90 Effective Date. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by the Cit Council of the City of Hugo, Washington County, Minnesota, on 021 , 1994 . Dated this a3' day of , 1994 . CITY OF HUGO: Walter L. Stoltzman, Mayor ATTEST: Mary • Creager, Cid Clerk AFFIDAVIT OF PUBLICATION CITY OF HUGO STATE OF MINNESOTA ss COUNTY OF WASHINGTON ORDINANCE NO.94-290 AN ORDINANCE AMENDING CITY ORDINANCES Jan Charais , being duly sworn, on oath says that he or she is CHAPTER 181 AND CHAPTER 270 THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, the authorized agent and employee of the publisher of the newspaper MINNESOTA, DOES HEREBY OR- DAIN AS FOLLOWS: A.That City Ordinance Chapter 270 is known as The Times, and has full knowledge of the facts which are stated hereby REPEALED. B.That City Ordinance Chapter 181 is hereby AMENDED as follows: below: Chapter 181 of the Hugo City Ordi- nanceingOis aan ndeda in i by deleting the exist- A The newspaper has com lied with all of the requirements con- ing Ordinance in its entirety and replac- ( ) p q con- ing it with the following: CHAPTER MOTORIZED RECREATIONAL VEHICLES stituting qualification as a legal newspaper, as provided by Minnesota Section 181.10 Application of Ordi- nance. Statute 331A.02, 331A.07 and other applicable It is the intent of this Ordinance that it laws, as amended. should apply to all manner of motorized recreational vehicles, including snow- (B) The printed mobiles, off-highway motorcycles, all terrain vehicles,off-road vehicles,and/ or any other vehicle which is primarily public notice used or intended to be used for off-road recreational purposes. It is intended that this ordinance will supplement the which is attached was cut from the columns of said newspaper, and State Statutes which are cited herein. —his Ordinance is not intended to allow It the State Statutes prohibit. was printed and published once each week, for one successive weeks; it ,ection 181/20 Definitions. A. Motorized Recreational Vehicle means an"off-highway motorcycle"as was first published on Thursday the 31 day of defined in Minnesota Statute Section 84.787, Subd. 7, an "off-road vehicle" March pursuant to Minnesota Statute Section 19 and was thereafter printed and published each 84.797,Subd. 7,a "snowmobile" pursu- ant to Minnesota Statutes Section 84.81, week to and includingThursday the 31 dayof Subd.3,an"all terrain vehicle"pursu- ant to Minnesota Statutes Section 84.92, Subd.8,and/or any other vehicle which March , 19 94 . is primarily used or intended to be used for off-road recreational purposes. B.Roadway means any City,County, or State road,street,highway,trail,al- ley,State Aid Highway,trunk highway, B boulevard, avenue, lane, cul-de-sac or other public thorough fare intended pri- marily for use by automobiles. TITLE: Administrative Assistant C. The remaining words, terms and phrases used in this Chapter shall have the meanings ascribed to them in the definitional sections of Minnesota Stat- Subscribed and sworn to before me on utes Section 84.787 to Section 84.929,ex- cept where the contest clearly indicates this thirty—first a different meaning. 181.30 State Law Adopted. Minnesota Statutes Section 84.787 to dayof March , 1a 94 Section 84.929 inclusive,and as hereaf- ter amended, is adopted by reference Chapt as if set forth at length in this Chapter. pP L4Do.181.40 A lication of Traffic Laws. c All local and State traffic laws shall apply to the operation of motorized re- creational vehicles upon the streets and }-f•Ai- # • -• j. TRUD highways of the City of Hugo except for those relating to required equipment, NOTARY PUBLIC • MINNESOTA wr. and except those which, by their very ; AIMEIMINGIT 1pOUNTY nature,have no application. uv COMMISION EXPIRES R•;- 181.50 Restrictions on Operation of Motorized Recreational Vehicles: APRIL 16, 1995 Except as specifically permitted and - authorized,it is unlawful for any person to operate a motorized recreational ve- ( )Lowest classified rate paid d by commercial hide within the city limits of the City of users for comparable space $ 5.60 col.inch Hugo in any of the following situations: A.Upon that portion of any roadway which is primarily intended for automo- (2)Maximum rate allowed by law for the above bile traffic except: matter $ 5.83 col.inch 1. To cross said roadway in accor- dance with State Statutes. 2. When travelling in the most right- (3) 5.60 hand lane available for automobile Rate actually charged for the above matter $ col.inch traffic,or as close as practicable to the right-hand curb or edge of the roadway, (4)Rate actually charged for additional and when travelling in the same direc- tion as automobile traffic in that lane. insertions $ col-inch B.When travelling in or on a shoulder, ditch, or other area adjacent to any roadway, motorized recreational vehi- cles shall be operated only in the same direction as the vehicle traffic in that nearest lane. C.Within the right-of-way of any inter- state highway or freeway within the City. G.Every motorized recreational vehi- D. On any public sidewalk provided cle shall be equipped with brakes ade- for pedestrian travel. quate to control the movement of and to E.On any bicycle bath constructed for stop and hold said vehicle under any the use of bicycles. condition of operation. F. On boulevards within any public H.Hours of Operation. It is unlawful right-of-way. for any person to operate a motorized G. On private property of another recreational vehicle within the City: -"thout specific written,dated permis- 1.During the hours from 11:00 p.m.to i of the owner or person in control of 6:30 a.m. from Sunday through Thurs- property.Said permission must be day;and, carried with the operator when operat- 2.During the hours from 1:00 a.m.to ing a motorized recreational vehicle on 6:30 a.m.on Fridays and Saturdays. said private property. 181.70 Exemptions. H. In any public park,public nature A.Individuals or groups may apply to preserve,restricted public property,or the City Council to obtain an exemption public waters unless such property is for established and improved snowmo- posted with City signs specifically allow- bile trails. Said exemptions shall ex- ing the operation of motorized recre- empt the trail(s) from certain provi- ational vehicles therein, and setting sions of this Ordinance provided the forth the hours of the day that such oper- Council, in its sole discretion, believes ation shall be allowed.Provided,howev- that such an exemption would be in the er,that in the event such property is so best interests of the City. posted,it shall be unlawful for any per- B. Applications shall be made on a son to operate any motorized recre- form available from the City Clerk. ational vehicle within one hundred(100) C.Applications shall pay a fee set by feet of any fisherman,pedestrian,skat- the City Administrator. Said fee shall ing rink,or sliding area where the oper- not exceed a good faith estimate of the ation would conflict with the use or en- actual costs to be incurred by the City in danger other persons or property. The processing said Application. Council shall, by resolution, establish D.All applications shall clearly identi- those areas where motorized recre- fy the person or group applying for the ational vehicles are allowed to operate, exemption,to include address and day- and the hours of operation within such time phone number of a contact person. areas.This subdivision shall not apply to E.Applications must clearly describe those public waters and areas adjacent the trails)which is(are)sought to be thereto under the jurisdiction of the Min- exempted from this ordinance.Said de- nesota Department of Natural Resourc- scription must include a beginning and es. ending point and identify each road that I.On any other public place except as the trail(s)will cross. may be specifically permitted by ordi- F. Applications must list those por- tions of the Ordinance that they propose nonce. to be exempted from. J. At any other place, public or pri- G.The City Council may,by Resolu- vate,where signs prohibit the operation tion,approve of an exemption to certain of motorized recreational vehicles. provisions of this Ordinance. Exemp- K. No owner shall permit the opera- tions shall only be granted if the exemp- tion of,and no operator shall operate,a tion will not have any adverse impact motorized recreational vehicle at a upon the health,safety,and/or welfare speed in excess of fifteen(15)miles per of the residents of Hugo and will further hour within one-hundred (100) feet of the best interests of the City. any residential dwelling. H.A Council Resolution approving of L. Nothing in this Section shall be an exemption shall list the exact provi- deemed to prohibit or restrict public of- sions of the Ordinance that no longer ap- ficials and law enforcement officers ply to the trail(s).The Resolution shall from operating any type of vehicle on also contain such other terms and condi- public or private lands and/or public tions that will apply to said trail(s)so as waters when acting within the scope of to insure the safety of the public. official duties and/or employment. I.Should it appear to the Council that 181.60 Miscellaneous Regulations. the terms and conditions which it has A.Every motorized recreational vehi- placed upon an exempt trail are not be- cle shall at all times be equipped with ing adhered to,or that they are not ade- the muffler in good working order which quote,sufficient,or necessary to protect blends the exhaust noise into the overall the health, safety, and welfare of the vehicle noise and is in constant opera- public,then the Council may,by Resolu- tion to prevent excessive or unusual hon,remove the exempt status from any noise.Mufflers shall reduce the noise of trail(s) or add to, subtract from, operation of the motor to the minimum change,or modify the terms and condi- necessary for operation.No person shall tions applicable thereto. use a muffler cut-out,bypass,or similar J.No Resolution granting,removing, device upon a motorized recreational or modifying the exempt status of any vehicle. The exhaust system shall not trail shall be made except following a emit or produce a sharp popping or public hearing before the City Council. cracking sound. Said hearing must be preceded by at B.It is unlawful for any person to op- least ten (10) days published notice of erate a motorized recreational vehicle said hearing. any place within the City unless it is 181.80 Penalties. equipped with a safety or so-called Any person,firm,or corporation con- "dead man"throttle in operating condi- victed of violating any of the provisions tion. "Safety or deadman" throttle of this Ordinance shall be guilty of a means a device which,when pressure is misdemeanor. removed from the engine accelerator or 181.90 Effective Date. throttle, causes the motor to be disen- This ordinance shall be in full force gaged from the driving track. and effect from and after its passage ' C. It shall be unlawful to attach a and publication according to law. fence-cutting device of any kind to a mo- Passed and adopted by the City Coun- torized recreational vehicle. cil of the City of Hugo, Washington D.Every person leaving a motorized recreational vehicle on a public place County,Minnesota,on March 21,1994. shall lock the ignition,remove the key Dated this 23rd day of March,1994. and take the same with him/her. CITY OF HUGO E.It is unlawful to intentionally drive, /s/Walter L.Stoltzman chase, run over,or kill any animal or Walter L.Stoltzman,Mayor bird with a motorized recreational vehi- ATTEST: cle,except that motorized recreational /s/Mary Ann Creager vehicles may be used to herd or control Mary Ann Creager,City Clerk domesticated farm animals by a person (Published in THE TIMES engaged in a bona fide agricultural oc- March 31,1994) cupation. F.It is unlawful for any person to op- erate a motorized recreational vehicle within the City so as to tow any other person or thing in a public street or high- way except through the use of a rigid tow bar attached to the rear of the mo- torized recreational vehicle, except to tow a disabled motorized recreational vehicle to a location for repairs to be made.