[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.
