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HomeMy WebLinkAbout1989.08.07 ORD 1989-260, ORDINANCE NO. 1989-260 AN ORDINANCE SETTING STANDARDS AND REQUIREMENTS FOR OPERATION OF MOTORIZED RECREATIONAL VEHICLES AND ESTABLISHING AGE REQUIREMENTS FOR CERTAIN TYPES OF OPERATION, CHAPTER 181. 181-1. DEFINITIONS. (1) City, The City of Hugo, Minnesota. (2) Qjjjh Botton, That portion of the Right -of -Way lying at the bottom of the ditch. (3) Ingide Bank,, That portion of the Right -of -Way commencing at the Traveled Surface including any Shoulder, and terminating at the ditch bottom. (4) LanggVnpr., A Person who holds (a) fee title to land, (b) who holds a contract -for -deed purchaser's interest in land, or (c) who holds a lessees interest having a term of 3 years or more. (5) Any vehicle having a self-contained unit for propelling the vehicle by conversion of stored energy to mechanical energy applied to wheels or tracks in contact with the ground or surface or by conversion to air pressure by propellers or pumps, and which is primarily used or intended to be used for off-road purposes. This definition includes, but is not limited to, licensed or unlicensed vehicles of the following types: a. : Snowmobiles Snow Bikes Motorcycles (off-road and on -road) All -Terrain Vehicles (2 or more wheels) Amphibious Vehicles b. -Motor Vehicles, as defined by State law, when used off of a public road, including, but not limited to, dunebuggy, Baja Buggy, or 4 -Wheel drive recreational vehicle. -Hovercraft (6) OpErptW, Ride in or on, and to have the obligation to control the operation of an MRV. (7) QpRrator. A Person who drives or Operates, or is otherwise in physical control of, an MRV. (8) That portion of the Right -of -Way running from the Ditch Bottom to the edge of the Right -of -Way. 11 (9) Ogper. A Person, other than a lien holder, having ownership of, � or The to, an MRV. \ `-� (10) pgryoln. An individual, partnership, corporation, the State and its agencies, and subdivisions, and any body of persons, whether incorporated or not. (11) Property lying outside of the public's Right -of -Way. (12) Land over which roadways are constructed and/or maintained for the benefit of the public by [the City or any governmental body] having title or other property rights in any such lands, including the traveled surfaces, shoulders, inside banks, ditch bottoms, outside banks, to the extent they exist, together with any other property extending to abutting private property. (13) Agulder. The improved portion of the Right -of -Way immediately adjacent to the Traveled Surface of the roadway. (14) That portion of the Right -of -Way improved and used for vehicular traffic. 181-2. JURISDICTION. This Ordinance shall regulate the operation of Motorized Recreational '- ehicles on public and private lands, public Rights -of -Way, parks, and -public waters within public wildlife management areas so long as they ars under the jurisdiction of the State of Minnesota, within the City. 181-3. OPERATION ON PUBLIC LANDS, PUBLIC ROADS, AND PUBLIC WATER RESTRICTED. (1) Except as provided in Paragraph 4 below, no Owner shall permit the Operation of, and no Operator under age 16, shall Operate an MRV on any roadway, or within the Right-of-way of any City road, except that this prohibition shall not be interpreted to restrict the ability of licensed motor vehicles or licensed motorcycles from use of the Traveled Surface pursuant to State law. (2) No Owner shall permit the Operation of, and no Operator shall Operate, an MRV on or in any public park, public nature preserve, restricted public property, or public waters, except that this restriction shall not apply for those public waters under the jurisdiction of the Minnesota Department of Natural Resources. (3) 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 waters when acting within the scope of official duties and employment. . (4) A Group I MRV may be operated within the Right -of -Way of a City / \ road under the following restrictions: `-' ^ ' '. A. A Group I MRV may be operated on the Inside Banks or on the Traveled Surface only if traveling with the flow of traffic. All road crossing ~ shall be done in accordance with the provisions of Minn. 84.87, Subdivisions 1, 2, and 2b, which shall be applicable as though set forth fully herein, substituting this Ordinance's definition of MRV for the statute's definition of a snowmobile. B. All snowmobiles Operated within a City road Right -of -Way shall be registered, licensed, equipped, and operated in accordance with the provisions of Minn. 84.81 through 84.89, inclusive, and in accordance with Minnesota Rules Part 6100.5000 through 6100.5800, inclusive, and amended statutes and rules which are adopted and included herein by reference. C. All Terrain Vehicles Operated within a City Right -of -Way shall be registered, licensed, equipped, and operated in accordance with the provisions of Minn' 84.92 through 84.929 as amended, inclusive, which statutes are adopted and included herein by reference. D. Snowbikes, unregistered off-road motorcycles, and unregistered amphibious vehicles shall be Operated in the same manner as All Terrain Vehicles, substituting the applicable MRV for the definition of All Terrain Vehicles in the statutes where appropriate. E. No Person under 16 years of age shall Operate any MRV on or within any City Right -of -Way or City land, except that a Person 14 years of age or older, but less than 16 years of age, may Operate a snowmobile in � the Ditch Bottom or Outer Bank of a City Right -of -Way only if that person is licensed in accordance with the provisions of Minn. 84.872. All other Operators of an MRV within a City Right -of -Way must be in possession of a valid Motor Vehicles Operator's license issued by the Minnesota Commissioner of Public Safety or the driver's license authority of another state. F. Nothing in the requirements of this Section shall be deemed to prohibit the operation of an MRV on the Traveled Surface of public roads for the following emergencies: -when weather conditions have made the roads impassible by automobiles; or -when a medical emergency exists, or -when a civil defense or civil disaster emergency exists. 181-4. OPERATION ON PRIVATE LANDS RESTRICTED. (1) No MRV Owner shall permit the Operation of, and no MRV Operator shall Operate, an MRV on privately owned lands or waters not owned by the Owner or Operator of the MRV without the written or oral permission of the Landowner, provided that in the case of oral permission, the Landowner must be present to verify the grant of permission. ` ' > ' (2) No Owner shall permit the Operation of, and no Operator shall Operate, an MRV on privately owned lands at a speed greater than that which is safe for the conditions existing at the time of operation. (3) No Owner shall permit the Operation of, and no Operator shall ,,perate, an MRV except on -road motorcycles, within a Residential Zone, in excess of 15 miles per hour in the Metropolitan Urban Service Area of the City of Hugo. 181-5. OPERATING UNDER INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE. No Owner shall Operate or permit the Operation of an MRV by a person who is under the influence of alcohol, mind or mood -altering drugs, hallucinogens or controlled substances as those are defined by State law. No Person shall operate an MRV while under the influence of alcohol, mind or mood -altering drugs, hallucinogens, or controlled substances as those substances are defined by State law. This provision is in addition to the statutes and regulations adopted by reference elsewhere in this Ordinance. 181-6. PENALTY. Any person who v i o misdemeanor punishable of the Hugo City Code. cause damage to public Owner and the offendin for the damages. This misdemeanor penalties, proceeding. lates any provision of this Section is guilty of a as provided in Chapter 230, entitled "Penalties", An MRV, which is Operated in such a manner as to property or to private property, shall subject the g Operator to the requirement to make restitution restitution requirement is in addition to the and may be enforced as part of the misdemeanor Ordinance shall be effective from and after its adoption and publication. Upon roll call, the following members voted AYE: McAllister, Jesinski, Olson, Vail, Atkinson Upon roll call, the following members voted NAY: NONE Whereupon said Ordinance was declared passed and adopted this 7th day of August, 1989. ATTEST: 11 c -A r� y';() r Creager, City Ier[:: �u�i1s�e� in the Forest 1ake Times this 24t6 day of August, 1989. L AFFIDAVIT OF PUBLICATION ORDINANCE NO. 1989-260 AN ORDINANCE SETTING STAN- DARDS AND REQUIREMENTS FOR OPERATION OF MOTORIZED REC- REATIONAL VEHICLES AND ESTAB- LISHING AGE REQUIREMENTS FOR CERTAIN TYPES OF OPERATION, CHAPTER 181. 181-1. DEFINITIONS. (1) City. The City of Hugo, Minnesota. (2) Ditch Bottom. That portion of the Right -of -Way lying at the bottom of the ditch. (3) Inside Bank. That portion of the Right -of -Way commencing at the Trav- eled Surface including any Shoulder, and terminating at the ditch bottom. (4) Landowner. A Person who holds (a) fee title to land, (b) who holds a con- trac' --deed purchaser's interest in Ianc) who holds a lessees interest hay._ .. term of 3 years or more, (@ `orized Recreational Vehicles (Ml my vehicle having a selfcon- taineu unit for propelling the vehicle by conversion of stored energy to mechani- cal energy applied to wheels or tracks in contact with the ground or surface or by conversion to air pressure by propellers or pumps, and which is primarily used or intended to be used for off-road pur- poses. This definition includes, but is not limited to, licensed or unlicensed vehi- cles of the following types: a. Group I MRV's: Snowmobiles, Snow Bikes, Motorcycles (off-road and on -road), All -Terrain Vehicles (2 or more wheels), Amphibious Vehicles b. Group II MRV's: —Motor Vehicles, as defined by State law, when used.off of a public road, including, but not limited to, dunebuggy, Baja Buggy, or 4 -Wheel drive recreational vehicle. — Hover- craft (6) Operate. Ride in or on, and to have the obligation to control the operation of an MRV. (7) Operator A Person who drives or Operates, or is otherwise in physical control of, an MRV. (8) Outside Bank. That portion of the Right -of -Way running from the Ditch Bottom to the edge of the Right -of -Way. (9) Owner. A Person, other than a lien holder, having ownership of, or title to, an MRV. (10) Person. An individual, partner- ship, corporation, the State and its agen- cies, and subdivisions, and any body of persons, whether incorporated or not. (11) Private Property. Property lying outside of the public's Right -of -Way. (12) Right-of-way. Land over which roadways are constructed and/or main- tained for the benefit of the public by [the City or any governmental body] having title or other property rights in any such lands, including the traveled surfaces, shoulders, inside banks, ditch bottoms, outside banks, to the extent they exist, together with any other prop- erty extending to abutting private prop- erty. (13) Shoulder. The improved portion of the Right -of -Way immediately adja- cent to the Traveled Surface of the road- way. (14) Traveled Surface. That portion of the Right -of -Way improved and used for vehicular traffic. 181-2 JURISDICTION. This Ordinance shall regulate the operation of Motorized Recreational Ve- hicles on public and private lands, pub- lic Rights -of -Way, parks, and public waters within public wildlife manage- ment areas so long as they are under the jurisdiction of the State of Minnesota, within the City. STATE OF MINNESOTA SS COUNTY OF WASHINGTON Duane A. Rasmussen, being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as The Times, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements con- stituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. (B)The printed public notice which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks; it was first published on Thursday , the 24 day of August , 19_89 and was thereafter printed and published each week to and including Thursday the 24 day of August ,19 89 TITLE: Publisher Subscribed and sworn to before me on this _ twenty-fifth day of August .19 89 Not ar Public HOWARD D. LESTRUD (NO'b0" S+OO, • MINNESOTA WASHINGTON COUNTY My COMMISION FXPIRES APRIL 16. 1995 (1 users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter (4) Rate actually charged for additional insertions F $ 4-40 col. inch $ 4.57 col. inch $ 4-40 col. inch $ col. Inch 181-3. OPERATION ON PUBLIC LANDS, PUBLIC ROADS, AND PUB- F. Nothing in the requirements of this LIC WATER RESTRICTED. Section shall be deemed to prohibit the (1) Except as provided in Paragraph 4 below, no Owner shall permit the Opera- operation of an MRV on the Traveled Surface of public roads for the following tion of, and no Operator under age 16, shall Operate an MRV on any roadway, emergencies: — when weather condi- tions have made the roads impassible by or within the Right-of-way of any City road, except that this prohibition shall automobiles; or — when a medical emergency exists, or — when a civil not be interpreted to restrict the ability defense or civil disaster emergency ex- of licensed motor vehicles or licensed motorcycles from use of the Traveled ists 1814. OPERATION ON PRIVATE Surface pursuant to State law. (2) No Owner shall permit the Opera- LANDS RESTRICTED. (1) No MRV Owner shall permit the tion of, and no Operator shall Operate, Operation of, and no MRV Operator shall Operate, an MRV on privately an MRV on or in any public park, public nature preserve, restricted public owned lands or waters not owned by the prop- erty, or public waters, except that this Owner or Operator of the MRV without restriction shall not apply for those pub- lic waters under the jurisdiction of the the written or oral permission of the Landowner, provided that in the case of Minnesota Department of Natural Resources. oral permission, the Landowner must be present to verify the grant of permis- (3) Nothing in this Section shall be deemed to prohibit or restrict public of- siod (2) No Owner shall permit the Opera- ficials and law enforcement officers from operating any type of vehicle on tion of, and no Operator shall Operate, an MRV on privately owned lands at a public or private lands and waters when speed greater than that which is safe for acting within the scope of official duties the conditions existing at the time of and employment. (4) A Group I MRV may be operated operation. (3) No Owner shall permit the Opera- within the Right-of-Way of a City road tion of and no Operator shall operate, under the following restrictions: an MRV except on-road motorcycles, within a Residential Zone, in excess 15 A. A Group I MRV may be operated on the Inside Banks or on the Traveled of miles per hour in the Metropolitan Ur- Surface only traveling with the flow ban Service Area of the City of Hugo. traffic. All road crossing shall be done in 1 181-5. OPERATING UNDER INFLU- accordance with the provisions of Minn. ENCE OF ALCOHOL OR CON- 84.87, Subdivisions 1, 2, and 2b, which TROLLED SUBSTANCE. shall be applicable as though set forth No Owner shall Operate or permit the fully herein, substituting this Ordi- Operation of an MRV b Y a person who is nance's definition of MRV for the stat- under the influence of alcohol, mind or ute's definition of a snowmobile. mood-altering drugs, hallucinogens or B. All snowmobiles Operated within a controlled substances as those are City road Right-of-Way shall be regis- defined by State law. No Person shall tered, licensed, equipped, and operated operate an MRV while under the influ- in accordance with the provisions of ence of alcohol, mind or mood-altering Minn. 84.81 through 84.89, inclusive, and drugs, hallucinogens, or controlled sub- in accordance with Minnesota Rules stances as those substances are defined part 6100.5000 through 6100.5800, in- by State law. This provision is in addi- clusive, and amended statutes and rules tion to the statutes and regulations which are adopted and included herein adopted by reference elsewhere in this by reference. Ordinance. C. All Terrain Vehicles Operated within a City Right-of-Way shall be reg- 181-6 PENALTY. Any person who violates any provision istered, licensed, equipped, and of this Section is guilty of a misde- operated in accordance with the meanor punishable as provided in Chap- provisions of Minn. 84.92 through 84.929 ter 230, entitled "Penalties," of the Hugo as amended, inclusive, which statutes City Code. An MRV, which is Operated are adopted and included herein by ref- in such a manner as to cause damage to erence. D. Snowbikes, public property or to private property, shall subject the Owner and the offend- unregistered off-road motorcycles, and unregistered am- ing Operator to the requirement to make phibious vehicles shall be Operated in restitution for the damages. This restitu- the same manner as All Terrain Vehi- tion requirement is in addition to the cles, substituting the applicable MRV misdemeanor penalties, and may be en- for the definition of All Terrain Vehicles forced as part o[ the misdemeanor in the statutes where appropriate. proceeding. E. No Person under 16 years of age This Ordinance shall be effective from shall Operate any MRV on or within any and after its adoption and publication. City Right-of-Way or City land, except Upon roll call, the following members that a Person 14 years of age or older, voted AYE: McAllister, Jesinski, Olson, but less than 16 years of age, may Operate a snowmobile in the Ditch Bot- Vail, Atkinson Upon roll call, the following members tom or Outer Bank of a City Right-of- voted NAY: NONE Way only if that person is licensed in ac- cordance with the provisions of Minn. Whereupon said Ordinance was declared passed and adopted this 7th 84.872. All other Operators of an MRV day of August, 1989. within aCity Right-of-Way must be in /s/ George Atkinson possession of a valid Motor Vehicles Op- George Atkinson, Mayor erator's license issued by the Minnesota Commissioner of Public Safety or the ATTEST: /s/Mary Ann Creager driver's license authority of another Mary Ann Creager, City Clerk state. (Published in THE TIMES August 24, 1989)