[HISTORY: Adopted by the Council of the City of Breckenridge 10-2-1972 by Ord. No. 264. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs chasing vehicles — See Ch. 54.
Fees — See Ch. 86.
Emergency vehicle access through parades — See Ch. 122.
Vehicles in parks — See Ch. 126.
Skateboarders attaching themselves to vehicles — See Ch. 153.
Streets and sidewalks — See Ch. 161.
Trespassing — See Ch. 175.
Abandoned vehicles — See Ch. 177.
[Amended 7-1-1974 by Ord. No. 296; 5-7-2018 by Ord. No. 499]
Except as herein specifically modified or excepted, the definitions, regulatory provisions and penalties of Chapter 169 and amendments thereto of the Minnesota Statutes, generally cited as the Highway Traffic Regulation Act, be and they hereby are adopted as the Traffic Ordinance regulating traffic, vehicles and parking in the City of Breckenridge, Minnesota. Said Act, three copies of which have been marked official copies and which have been filed for reference and inspection in the office of the City Administrator or his/her designee, is hereby incorporated in and made part of this chapter by reference thereto, subject to the exceptions and modifications stated herein to the same extent as if it were fully set out in this chapter.
[Amended 12-7-2010 by Ord. No. 479]
No person shall operate any vehicle in such a meaner as to create or cause unnecessary engine noise, engine braking, tire squeals, skid or slides upon acceleration or stopping or in such a manner as to simulate a race or temporary race or as to cause such vehicle to unnecessarily sway or turn abruptly.
[Amended 5-15-1978 by Ord. No. 346]
A.
No person shall operate, ride or propel any bicycle in the City of Breckenridge, Minnesota, in a manner contrary to the provisions of the laws of the State of Minnesota or any ordinance of the City of Breckenridge pertaining to the regulation and equipment of vehicles, vehicular traffic or bicycles.
B.
No person shall park, place or leave any bicycle in a place where it will interfere with the free flow of pedestrian traffic or in any place where it may block or interfere with traffic emitting from doorways or driveways.
C.
The Police Department of the City of Breckenridge, Minnesota, may for any violation of this chapter, summarily impound any bicycle for a period not in excess of seven days. If such impounded bicycle was owned or operated by a minor at the time of violation, the Police Department shall immediately notify the parents or guardians of such minor and shall not release such impounded bicycle except to the parents or guardians of such minor.
[Amended 2-7-2002 by Ord. No. 440]
A.
Except as provided below, no person shall park, place or leave any vehicle in any parking lot in the City of Breckenridge, which is owned, operated or managed by the city for a period in excess of 23 hours; provided, however, in parking lots which are posted with signs providing for a shorter period, no person shall park, place or leave any vehicle in any such lot in excess of the period stated on the signs posted in such parking lots.
B.
If any vehicle is parked, placed or left on a city parking lot in violation of the provisions of this chapter, any police officer of the city shall have the right to take possession of such vehicle and cause the same to be removed and placed in storage, all at the expense and cost of the owner of such vehicle or other person in charge of or entitled to the possession of same.[1]
[1]
Editor's Note: Original Article V, One-Way Streets, which immediately followed this section, was deleted 2-7-2002 by Ord. No. 440.
[Amended 5-5-1975 by Ord. No. 304; 11-3-1975 by Ord. No. 311]
A.
No person shall park, place or leave any vehicle or other object of any kind or nature on any alley or upon the boulevards or sidewalks within any street, except that, when it is necessary to load or unload a vehicle, such vehicle may be temporarily parked on such areas, and objects may be temporarily placed on such areas, but for only so long as it is necessity to accomplish the loading or unloading of such vehicle.
B.
No person shall park, place or leave any vehicle or other object on any private property without first obtaining the permission of the owner of such property and then such vehicle or other object may only be left on such property for as long as the owner of such property or the person legally entitled to the possession of such property consents.
A.
No person shall operate, park, place or leave any vehicle anywhere in the City of Breckenridge in a manner contrary to or in violation of any sign or traffic control device erected or placed by order of the City Council or the Police Department of the city acting under the direction of the City Council.
B.
Whenever it is necessary to improve, repair, clean or remove snow from the streets, parking lots or other public places, the Chief of Police or the City Engineer or their designated representatives may erect signs which further prohibit or limit parking on such streets, parking lots and other public places and maintain them on such streets, parking lots and other public places for as long as it is necessary to accomplish such improvement, repair, cleaning or snow removal. All such special signs shall be posted at least 24 hours in advance of such improvement, repair, cleaning or snow removal except in emergencies or in situations where it is not practical to post such signs for so long a period.
C.
No parking shall be allowed on City streets from 2:00 a.m. to 6:00 a.m. from November 1 through April 1.
[Added 5-3-2010 by Ord. No. 477]
Parking of vehicles is prohibited on the following streets for a period of time longer than indicated:
| Name of Street | Side | Time Limit | Location |
|---|---|---|---|
| Fifth Street North | Both | 2 hrs. | From Nebraska Avenue to Minnesota Avenue |
| Minnesota Avenue | Both | 2 hrs. | From Fourth Street to Sixth Street North |
[Amended 11-16-1998 by Ord. No. 437]
A.
It is unlawful to park a detached semitrailer upon any street, city-owned parking lot or other public property, except such as are specifically designated by the Council by resolution and sign-posted.
B.
It is unlawful to park a truck, truck-trailer, tractor-trailer or truck-tractor vehicle of more than 12,000 pounds gross vehicle weight upon any street, except streets as specifically designated by the Council by resolution and sign-posted, but parking any such vehicle for a period of not more than one hour shall be permitted in such space for the purpose of necessary access to abutting property while actively loading or unloading when such access cannot reasonably be secured from any alley or from any adjacent street where truck parking is not so restricted.
[Amended 3-17-1986 by Ord. No. 395]
No person shall park, place or leave any vehicle on any street or avenue in the City of Breckenridge, Minnesota, on any day between the hours of 2:00 a.m. and 6:00 a.m. whenever the parking of such vehicle on such street or avenue will interfere with street cleaning or snow removal.
Vehicles shall be parked at an angle rather than parallel with the curb at the following locations in the City of Breckenridge:
| Name of Street | Side | Location |
|---|---|---|
| 7th Street [Amended 9-15-1986 by Ord. No. 400; 2-7-2002 by Ord. No. 440] | East | Portion abutting Lots 1, 2, 3 and 4 of Block 309 |
| Beede Avenue | South | From Fifth Street North to the alley running through Block 239 |
| Dacotah Avenue [Added 9-15-1986 by Ord. No. 400; amended 2-7-2002 by Ord. No. 440] | North | Portion abutting Lot 9 Block 194 |
| Maple Street | East | From Hospital Avenue to Wilkin Avenue on Sunday only |
| Mendenhall Avenue | South | From Fourth Street North to the alley running between Block 170 |
| Nebraska Avenue | North | Portion abutting Lot 1 of Block 241 |
| Nebraska Avenue | South | From Fifth Street North to the alley running through Block 196 |
| Nebraska Avenue | South | From Sixth Street North to the alley running through Block 266 |
| Oak Street [Amended 9-15-1986 by Ord. No. 400] | West | Portion lying adjacent to St. Francis Medical Center and St. Francis Nursing Home as designated by markings |
| Oregon Avenue [Added 9-15-1986 by Ord. No. 400; amended 2-7-2002 by Ord. No. 440] | South | From 5th Street to 4th Street |
| Second Street North [Amended 2-7-2002 by Ord. No. 440] | East | Portion abutting Lots 1, 2, 3 and 4 of Block 127 |
| Third Street North | -- | From Minnesota Avenue to Nebraska Avenue |
Nothing contained in this chapter shall prohibit the city from granting permits for the temporary obstruction of any street or avenue when such obstruction is necessitated by construction or other lawful activities.[1]
[1]
Editor's Note: Original Article VI, Parking, Section 10, prohibiting parking on Wilkin Avenue, which immediately followed this section, was deleted 2-7-2002 by Ord. No. 440.
[Added 11-16-1998 by Ord. No. 437]
It is unlawful for any person to service, repair, assemble or dismantle any vehicle parked upon a street, or attempt to do so, except to service such vehicle with gasoline or oil or to provide emergency repairs thereon, but in no event for more than 24 hours.[1]
[1]
Editor's Note: Original Article VII, Drivers Licenses, as amended 11-19-1973 by Ord. No. 291, was deleted 2-7-2002 by Ord. No. 440.
[Amended 9-15-1986 by Ord. No. 400; 2-7-2002 by Ord. No. 440]
[Added 1-17-1977 by Ord. No. 325]
A.
If any vehicle or other object is parked, placed or left anywhere in the city in violation of any of the provisions of this chapter or of state statute, any police officer of the city shall have the right to take possession of such vehicle or other object and cause the same to be removed and placed in storage.
B.
Fees.
(1)
The owner of such vehicle or other object, or other person in charge of or entitled to the possession of the same, shall be liable for impounding and storage fees as provided in Chapter 86, Fees, which fees shall be paid in full prior to releasing the vehicle or other object from storage.
(2)
Said fees shall be in addition to any towing fee which may have been charged.
(3)
Any fees payable hereunder shall be paid to the City Police Department and shall be remitted by said Police Department at least monthly to the City Administrator or his/her designee.
[Amended 5-7-2018 by Ord. No. 499]
C.
Should any vehicle remain in storage for 14 days or more, it shall be deemed to be an abandoned vehicle and shall be dealt with pursuant to Chapter 177, Vehicles, Abandoned.
D.
Prior to the release of any vehicle or other object impounded pursuant to this chapter, the person seeking the release thereof shall furnish evidence of ownership sufficient to indicate that he or she has the right to possession of the vehicle or other object.
E.
The procedures provided for in this article are in addition to any penalty herein provided for the violation of this chapter.
F.
The provisions of this article relating to impounding and storage fees shall also be applicable to any vehicle lawfully seized by officers of the city's Police Department for any reason.
G.
All vehicles lawfully impounded for any reason shall be searched and the contents thereof shall be inventoried for the protection of both the owner of said vehicle and the city.
[Added 4-18-1994 by Ord. No. 420]
A.
No person shall drive, operate, park, place or leave any truck on any street designated by the City of Breckenridge prohibiting truck traffic without first having obtained a permit from the City Administrator or his/her designee. The City of Breckenridge, by resolution, shall set the fee for an annual permit or special permit which shall be collected by the City Administrator or his/her designee. Applications for permits shall be on a form as approved by the City Council. All permits must be carried within the truck readily available to display if requested by an individual acting on behalf of the City of Breckenridge.
[Amended 5-7-2018 by Ord. No. 499]
B.
Vehicles exempt from obtaining a permit are:
(1)
City vehicles.
(2)
Emergency vehicles.
(3)
Fire-fighting apparatus equipment and vehicles.
(4)
Vehicles used for collecting demolition materials or solid waste or recyclable materials.
(5)
Vehicles delivering residential fuels, supplies or consumer products.
(6)
Vehicles used for moving of residential property.
(7)
Vehicles used for delivering educational and medical institutional fuels, supplies or products.
(8)
Vehicles used for delivery of construction materials for residential use.
[Added 12-7-2010 by Ord. No. 479]
It shall be unlawful for any person to operate an off-road vehicle, snowmobile, motor vehicle or other vehicle, or to permit any person to operate an off-road vehicle, snowmobile, motor vehicle or other vehicle, owned by him on public school grounds, park property, playgrounds, recreational areas or flood protection levees without the permission to do so by the proper public authority.
[Added 5-21-2018 by Ord. No. 500[1]]
No person, without claim of right, shall intentionally interfere with or otherwise molest a motor vehicle without the owner, authorized agent of the owner, or person with authority to control access to the motor vehicle, first providing express or implied consent. For purposes of this section, "interfere with or otherwise molest" shall mean:
A.
Intentionally entering or attempting to access or enter a parked and unoccupied motor vehicle by pulling, pressing or otherwise maneuvering a door handle or window to a motor vehicle;
B.
Intentionally causing damage to a motor vehicle including by defacing, scratching, puncturing, breaking or other similar acts, upon the motor vehicle; or
C.
Refuses to immediately depart from the interior of a motor vehicle on demand of the owner, authorized agent of the owner, or person with authority to control access to the motor vehicle.
[Added 6-4-2018 by Ord. No. 501]
A.
Operation; permit required.
(1)
No person shall operate a golf cart, utility task vehicle, or all-terrain vehicle on streets, alleys, sidewalks or other public property without obtaining a permit as provided herein.
(2)
Every application for a permit shall be made on a form supplied by the City and shall contain all of the following information:
(a)
The name and address of the applicant.
(b)
Model name, make, color, vehicle ID number, and year of the golf cart, utility task vehicle or all-terrain vehicle.
(c)
Department of Natural Resources registration number for utility task vehicles and all-terrain vehicles.
(d)
Current driver's license or reason for not having a current license.
(e)
Other information as the City may require.
(3)
The permit fee shall be as set forth in Chapter 86, Fees, of this Code, as that chapter may be amended from time to time.
(4)
Permits are valid for a period of up to three years and may be renewed.
(5)
No permit shall be granted or renewed unless the following conditions are met:
(a)
Youth applicants will be required to submit a certificate showing successful completion of an appropriate safety education and training program to operate an all-terrain vehicle and shall abide by all other requirements pursuant to M.S.A. § 84.9256.
(b)
The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes concerning insurance coverage for the golf cart, utility task vehicle, or all-terrain vehicle.
(6)
Golf carts, utility task vehicles and all-terrain vehicles may only be operated on designated roadways from sunrise to sunset, unless equipped with original equipment headlights, taillights, and rear-facing brake lights. They shall not be operated in inclement weather conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.
(7)
Golf carts, utility task vehicles and all-terrain vehicles are allowed to operate on City streets. They shall operate on the furthest right-hand side of the roadway and shall not be driven on US Highway 75, MN Highway 210, Minnesota Avenue, 11th Street North, and between the 200 Block and 500 Block of 8th Street South except to cross at intersections.
[Amended 7-2-2018 by Ord. No. 502]
(8)
Golf carts shall display the slow-moving vehicle emblem provided for in M.S.A. § 169.045, as it may be amended from time to time, when operated on designated roadways.
(9)
Golf carts, utility task vehicles, and all-terrain vehicles shall be equipped with a rear-view mirror to provide the driver with adequate vision from behind as required by M.S.A. § 169.70.
(10)
Every person operating a golf cart, a utility task vehicle, or an all-terrain vehicle under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of M.S.A. Ch. 169, as it may be amended from time to time, except when these provisions cannot reasonably be applied to golf carts and except as otherwise specifically provided in M.S.A. § 169.045, Subdivision 7, as it may be amended from time to time.
(11)
The operator of a golf cart or utility task vehicle must have a valid driver's license.
(12)
The Chief of Police or his/her designee may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of this section or M.S.A. Ch. 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the golf cart, utility task vehicle, or all-terrain vehicle on the designated roadways.
(13)
The number of occupants on the golf cart, utility task vehicle, or all-terrain vehicle may not exceed the designed occupant load.
(14)
Utility task vehicles and all-terrain vehicles must be registered with the Department of Natural Resources per M.S.A. § 84.922 and must openly display the registration on the vehicle.
(15)
The City-issued permit sticker must be prominently displayed on the driver's side or rear of the vehicle.
B. ALL-TERRAIN VEHICLE or VEHICLE CLASS 1 ALL-TERRAIN VEHICLE DRIVER GOLF CART UTILITY TASK VEHICLE
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
As defined by M.S.A. § 84.92, Subdivision 8, a vehicle with: 1) not less than three, but not more than six low-pressure or nonpneumatic tires; 2) a total dry weight of 2,000 pounds or less; and 3) a total width from outside of tire rim to outside of tire rim that is 65 inches or less. All-terrain vehicle includes a Class 1 all-terrain vehicle and Class 2 all-terrain vehicle. All-terrain vehicle does not include a golf cart, mini-truck, dune buggy, or go-cart or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes.
As defined by M.S.A. § 84.92, Subdivision 9, an all-terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is 50 inches or less.
The person driving and having physical control over the golf cart, utility task vehicle, or all-terrain vehicle.
A gas or electric three- or four-wheeled vehicle commonly used to transport golfers and their golfing equipment while playing the sport of golf.
As defined by M.S.A. § 169.045, Subdivision 1(3), a side-by-side, four-wheel-drive, off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 pounds but less than 2,600 pounds.
C.
Authorized City staff may operate City-owned utility task vehicles or all-terrain vehicles without obtaining a permit within the City on City streets, sidewalks, trails, rights-of-way, and public property when conducting City business.
[Amended 11-19-1973 by Ord. No. 291; 1-20-1975 by Ord. No. 301; 5-5-1975 by Ord. No. 304; 1-17-1977 by Ord. No. 305; 5-21-2018 by Ord. No. 500; 10-15-2018 by Ord. No. 506]
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty, except for the following which shall be classified as a payable petty misdemeanor offense for the first two convictions. Upon a third violation within a five-year period for the exact same offense, it would then convert to a misdemeanor offense and a mandatory court appearance; provided, however, that if any person violates any of the provisions of this chapter which is classed as a petty misdemeanor under the Highway Traffic Regulation Act or violates any of the provisions of § 180-2 of this chapter pertaining to exhibition driving or pertaining to parking, such person shall be guilty of a petty misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1, General Provisions, Article I, General Penalty.
