[Amended 7-20-2021 by Ord. No. 763]
The provisions of Minn. Stat. §§ 84.92
to 84.928 relating to the operation of all-terrain vehicles are hereby
adopted by reference as a part of this chapter.
The following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
DEADMAN THROTTLE or SAFETY THROTTLE
A device which, when pressure is removed from the engine
accelerator or throttle, causes the motor to be disengaged from the
driving mechanism.
NATURAL TERRAIN
Areas other than roadways or driveways (private or public),
parking lots and other areas the surface of which has been intentionally
modified for motor vehicle operation thereon.
OPERATE
To ride in or on and control the operation of an ATV.
OPERATOR
Every person who operates or is in actual physical control
of an ATV.
OWNER
A person, other than a lien holder, having the property in
or title to a recreational vehicle or ATV entitled to the use or possession
thereof.
[Amended 7-20-2021 by Ord. No. 763]
RECREATIONAL VEHICLE
Any self-propelled vehicle and any vehicle propelled or drawn
by a self-propelled vehicle, other than a snowmobile, used for recreational
purposes, including but not limited to trail bikes, all-terrain vehicles,
hovercrafts, or motor vehicles licensed for highway operation, which
is being used for off-road recreational purposes.
[Amended 2-17-2009 by Ord. No. 452]
Notwithstanding provisions of this chapter to
the contrary, this chapter shall apply to control of traffic and regulation
of that certain class of vehicles falling within the definition of
recreational vehicles or ATV as to matters set forth herein. All provisions
of this chapter not relating to matters herein stated apply as equally
to recreational vehicles or ATV as other vehicles.
Except as otherwise herein permitted, it is
unlawful for any person to operate a recreational vehicle or ATV not
licensed as a motor vehicle as follows:
A. On the portion of any right-of-way of any public highway,
street, road, trail or alley used for motor vehicle travel.
B. On a public sidewalk or bicycle trail provided for
pedestrian or bicycle travel.
C. On any school grounds, skating rinks, playgrounds
or recreational areas.
D. On boulevards within any public right-of-way.
E. On private property of another without written permission
of the owner or person in control of said property.
F. At a rate of speed greater than reasonable or proper
under all surrounding circumstances.
G. At any place in a careless, reckless or negligent
manner or heedlessly in disregard of the rights or safety of others,
or in a manner so as to endanger or be likely to endanger or cause
injury or damage to any person or property.
H. So as to tow any person or thing except through use
of a rigid towbar attached to the rear of the ATV.
I. At any place while under the influence of alcohol
or drugs as defined in Minnesota Statutes, which is hereby incorporated
herein by reference.
[Amended 2-17-2009 by Ord. No. 452]
J. Within 100 feet of any pedestrian, fisherman, skating
rink or sliding area where the operation would conflict with the use
or endanger other persons or property.
In addition to the regulations provided in §
320-4, it is unlawful to operate a recreational vehicle or ATV on any public place where prohibited by order of the City. The City shall have the power, by written order, to prohibit such operation whenever in its discretion the same would be likely to produce damage to property or endanger the safety or repose of other persons. Such areas shall be appropriately sign-posted before such order shall become effective.
Recreational vehicles shall not be operated
within the limits of the City except during the following hours: 10:00
a.m. until sunset.
A recreational vehicle or ATV may make a direct
crossing of a street or highway, except an interstate highway or freeway,
provided that:
A. The crossing is made at an angle of approximately
90° to the direction of the street or highway and at a place where
no obstruction prevents a quick and safe crossing.
B. The recreational vehicle or ATV is brought to a complete
stop before crossing the shoulder or main traveled way.
C. The driver yields the right-of-way to all oncoming
traffic, which constitutes an immediate hazard.
D. In crossing a divided street or highway, the crossing
is made only at an intersection of such street or highway with another
public street or highway.
E. If the crossing is made between the hours of 1/2 hour
after sunset to 1/2 hour before sunrise or in conditions of reduced
visibility, only if both front and rear lights are on. Recreational
vehicles or ATVs not licensed as a motor vehicle are forbidden to
cross highways or streets except when they are pushed across by human
power. A recreational vehicle or ATV when pushed across highways or
streets shall be subject to all the regulations of this section.
It is unlawful for any person to operate a recreational
vehicle or ATV any place within the City unless it is equipped with
the following:
A. Standard mufflers which are properly attached and
which reduce the noise of operation of the motor to the minimum necessary
for operation. No person shall use a muffler cut-out, bypass, straight
pipe or similar device on an ATV motor.
B. Brakes adequate to control the movement of and to
stop and hold the ATV under any condition of operation.
C. A safety or so-called "deadman" throttle in operating
condition if the recreational vehicle or ATV was so equipped when
new.
D. When operated between the hours of 1/2 hour after
sunset to 1/2 hour before sunrise or at a time of reduced visibility,
at least one clear lamp attached to the front, with sufficient intensity
to reveal persons and vehicles at a distance of a least 100 feet ahead
during the hours of darkness and under normal atmospheric conditions.
Such headlamp shall be so aimed that glaring rays are not projected
into the eyes of an oncoming ATV operator. It shall also be equipped
with at least one red tail lamp having a minimum candlepower of sufficient
intensity to exhibit a red light plainly visible from a distance of
500 feet to the rear during the hours of darkness under normal atmospheric
conditions.
E. Reflective material at least 16 square inches on each
side, forward of the handlebars, or steering device of an ATV and
at the highest practical point on any towed object, as to reflect
light at a ninety-degree angle.
It is unlawful for any person to leave a recreational
vehicle or ATV on a public place unless that person locks the ignition,
removes the key and takes the same with him/her.
A recreational vehicle or ATV may be operated
for emergency purposes with the approval of the Chief of Police.
It is unlawful to intentionally drive, chase,
run over or kill any animal with a recreational vehicle or ATV.
It is unlawful for a recreational vehicle or
ATV operator, after having received a visible or audible signal from
any law enforcement officer to come to a stop, to:
A. Operate a recreational vehicle or ATV in willful or
wanton disregard of such signal; or
B. Interfere with or endanger the law enforcement officer
or any other person or vehicle; or
C. Increase speed or attempt to flee or elude the officer.
Every person violates a section, subsection,
paragraph or provision of this chapter when the person performs an
act thereby prohibited or declared unlawful, or fails to act when
such failure is thereby prohibited or declared unlawful, and upon
conviction thereof, shall be punished as follows:
A. Misdemeanor. The person shall be punished as for a
misdemeanor under Minnesota law (maximum fine of $1,000 or imprisonment
for term not to exceed 90 days, or both, plus costs of prosecution
in either case); where a violation is committed in a manner or under
circumstances so as to endanger or be likely to endanger any person
or property, the person shall be punished as for a misdemeanor under
Minnesota law; where the person stands convicted of violation of any
provision of this chapter, exclusive of violations relating to the
standing or parking of an unattended vehicle, for the third or subsequent
time within the immediately preceding twelve-month period, the person
shall be punished as for a misdemeanor under Minnesota law.
[Amended 7-20-2021 by Ord. No. 763]
B. Petty misdemeanor. As to any violations not constituting a misdemeanor under the provisions of Subsection
A hereof, the person shall be punished as for a petty misdemeanor under Minnesota law (fine of not to exceed $300).
As to any violation of a provision adopted by
reference, the person shall be punished as specified in such provision
so adopted.
Any vehicle used in or during the violation
of any provision of this chapter shall be impounded for 60 days in
addition to any other penalty provided in this chapter.