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#11 Traffic, Parking and Recreational Vehicles

CHAPTER 11

TRAFFIC, PARKING AND RECREATIONAL VEHICLES

SECTION 11.01 DEFINITIONS.

SECTION 11.02 TRAFFIC AND ROADWAY REGULATIONS.
Scope.
Orders of an Officer.
Traffic Control.
Load Limits.
Truck Route.
U-Turns.
Exhibition Driving.
One-Way Streets.
Cross Traffic Turns.

SECTION 11.03 PARKING REGULATIONS.
Presumption.
General Parking Prohibitions.
Parallel Parking.
Angle Parking.
Streets without Curbs.
Unauthorized Removal.
Direction to Proceed.
Parking Hours.
Truck Parking.
Impounding and Removing Vehicles.
Vehicle Repair on Streets.
Parking on Private Property without Consent.

SECTION 11.04 RESIDENTIAL OFF-STREET PARKING.
Definitions.
Off-Street Parking Regulations.

SECTION 11.05 PARKING PRIVILEGE FOR PHYSICALLY DISABLED
Scope of Privilege.
Enforcement.
Fire Lanes.

SECTION 11.06 AUTOMATIC PARKING BAN AFTER SNOWFALL

SECTION 11.07 RECREATIONAL CAMPING VEHICLE PARKING.
Definitions.
Recreational Camping Vehicles Off-Street Parking.
Recreational Camping Vehicles On-Street Parking.

SECTION 11.08 ATV and UTV (ALL-TERRAIN and UTILITY)REGULATIONS.
Definitions.
ATV and UTV Restrictions.
Owner Responsibility.

SECTION 11.09 MOTORIZED GOLF CARTS.
Definition.
Requirements.
Special Vehicle Use by Handicapped Persons.
Revocation.

SECTION 11.10 SNOWMOBILE OPERATING REGULATIONS.
Definitions.
Use of Public Right of Way.
Crossing Public Streets.
Uncontrolled Intersections.
Emergencies.
Age of Operator.
Subject to Other Traffic Laws.
Prohibited on Public Property.
Snowmobile Equipment.

SECTIONS 11.11 – 11.98 RESERVED.

SECTION 11.99. VIOLATIONS A MISDEMEANOR OR PETTY MISDEMEANOR.

CHAPTER 11

TRAFFIC, PARKING, SIDEWALKS, RECREATIONAL VEHICLES

SECTION 11.01 DEFINITIONS

Subdivision 1.

For the purpose of this chapter, the terms defined in this section shall have the meanings
ascribed to them.

1. Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

2. Motor Vehicle. Any self-propelled vehicle designed and originally manufactured to operate primarily on highways, and not operated exclusively upon railroad tracks. It includes any vehicle propelled or drawn by a self-propelled vehicle and includes vehicles known as trackless trolleys that are propelled by electric power obtained from overhead trolley wires but not operated upon rails. It does not include snowmobiles, manufactured homes, or park trailers. Motor vehicles also do not include an electric personal assistive mobility device or a vehicle moved solely by human power.

3. Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and bicycles with motor attached.

4. Motorized Bicycle. A bicycle that is propelled by an electric or a liquid fuel motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface.

5. Electric-assisted bicycle. A motor vehicle with two or three wheels that:

a) Has a saddle and fully operable pedals for human propulsion;
b) Meets the requirements of federal motor vehicle safety standards in Code of Federal Regulations, title 49, sections 571.01 et seq.; and
c) Has an electric motor that has a power output of not more than 1,000 watts, is incapable of propelling the vehicle at a speed of more than 20 miles per hour, is incapable of further increasing the speed of the device when human power alone is used to propel the vehicle at a speed of more than 20 miles per hour, and disengages or ceases to function when the vehicle’s brakes are applied.

6. Recreation vehicle. A travel trailer including those that telescope or fold down, chassis-mounted campers, motor homes, tent trailers, and converted buses that provide temporary human living quarters.
“Recreational Vehicle” is a vehicle that:
a) Is not used as the residence of the owner or occupant;
b) Is used while engaged in recreational or vacation activities; and
c) Is either self-propelled or towed on the highways incidental to the recreational or vacation activities.

7. Trailer. Any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle but does not include a trailer drawn by a truck-tractor semi trailer combination or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached.

SECTION 11.02. TRAFFIC AND ROADWAY REGULATIONS

Subdivision 1. Scope

The provisions of this Section relate to the streets and alleys in the City, and the operation and parking of vehicles refer to the operation and parking of vehicles upon such streets and alleys.

Subdivision 2. Orders of an Officer.

It is unlawful for any person to willfully fail or refuse to comply with any lawful order or direction of any police or peace officer invested by law with authority to direct, control or regulate traffic.

Subdivision 3. Traffic Control

1. Council Action. No device, sign or signal shall be erected or maintained for traffic or parking control unless the Council shall first have approved and directed the same, except as otherwise provided in this Subdivision; provided, that when traffic and parking control is marked or sign-posted, such marking or sign-posting shall attest to Council action thereon.

2. Temporary Restrictions. The City, acting through the Chief of Police, may temporarily restrict traffic or parking for any private, public or experimental purpose. It is the duty of the Chief of Police to so restrict traffic or parking when a hazardous condition arises or is observed.

3. Traffic Restrictions and Prohibitions. It is unlawful for any person to drive a vehicle contrary to lane restrictions or prohibitions painted on any street, or contrary to sign-posted, fenced, or barricaded restrictions or prohibitions.

Subdivision 4. Load Limits.

The City may from time to time impose upon vehicular traffic on any part or all of the streets such load limits as may be necessary or desirable. Such limits, and the specific extent or weight to which loads are limited, shall be clearly and legibly sign-posted thereon. It is unlawful for any person to operate a vehicle on any street in violation of the limitation so posted.

Subdivision 5. Truck Route.

It is unlawful for any person to drive a tractor, agricultural implement, truck over 9,000 pounds gross vehicle weight, truck-trailer, tractor-trailer or truck tractor in through traffic, upon any street except those which have been designated and sign-posted as truck routes. For the purpose of this Chapter, “through traffic” means originating without the City and with a destination without the City, as distinguished from “local traffic” which means traffic either originating or having a destination within the City.

Subdivision 6. U-Turns.

It is unlawful for any person to operate a motor vehicle by turning so as to proceed in the opposite direction upon any street except at a street intersection, and then only if the street intersection is not sign-posted prohibiting a U-turn or otherwise controlled by a traffic signal; provided, that any person making a permitted U-turn shall yield the right-of-way to all other vehicles.

Subdivision 7. Exhibition Driving.

1. Prima Facie Evidence. It is prima facie evidence of exhibition driving when a motor vehicle stops, starts, accelerates, decelerates, or turns at an unnecessary rate of speed so as to cause tires to squeal, gears to grind, soil to be thrown, engine backfire, fishtailing or skidding, or, as to two-wheeled or three-wheeled motor vehicles, the front wheel to lose contact with the ground or roadway surface.

2. Unlawful Act. It is unlawful for any person to do any exhibition driving on any street, parking lot, or other public or private property, except when an emergency creates necessity for such operation to prevent injury to persons or damage to property; provided, that this Section shall not apply to driving on a racetrack. For purposes of this Section, a “racetrack” means any track or premises whereon motorized vehicles, horses, dogs, or other animals or fowl legally compete in a race or timed contest for an audience, the members of which have directly or indirectly paid a consideration for admission.

Subdivision 8. One-Way Streets.

1. The Council may, by resolution, designate streets as one-way streets.

2. It is unlawful for any person to travel upon any one-way street in a direction opposite that designated when the same has been duly sign-posted.

Subdivision 9. Cross Traffic Turns.

It is unlawful to travel in one direction and turn to park on the opposing lane, therefore crossing the opposing traffic lane. These areas in the City of Westbrook shall be between 4th Street and 7th Street.

SECTION 11.03. PARKING REGULATIONS

Subdivision 1. Presumption.

As to any vehicle parking in violation of this Chapter when the driver thereof is not present, it shall be presumed that the owner parked the same, or that the driver was acting as the agent of the owner.

Subdivision 2. General Parking Prohibitions.

It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device in any of the following places:

1. On a sidewalk;
2. In front of a public or private driveway;
3. Within an intersection;
4. Within ten feet of a fire hydrant;
5. On a crosswalk;
6. Within twenty feet of a crosswalk at any intersection;
8. In a sign-posted fire lane;
9. Within thirty feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway;
10. Within fifty feet of the nearest rail of a railroad crossing;
11. Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of said entrance when properly sign-posted;
12. Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic;
13. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
14. Upon any bridge or other elevated structure upon a street;
15. At any place where official signs, lane restrictions or prohibitions, fences, or barricades prohibit or restrict stopping, parking or both;
16. In any alley, except for loading or unloading and then only so long as reasonably necessary for such loading and unloading to or from adjacent premises; or,
17. On any boulevard which has been curbed.

Subdivision 3. Parallel Parking.

Except where angle parking is specifically allowed and indicated by curb marking or sign-posting, or both, each vehicle stopped or parked upon a two-way road where there is an adjacent curb shall be stopped or parked with the right-hand wheels of the vehicle parallel with, and within twelve inches of, the right-hand curb, and, where painted markings appear on the curb or the street, such vehicle shall be within such markings, front and rear; provided that upon a one-way roadway all vehicles shall be so parked, except that the left-hand wheels of the vehicle may be parallel with and within twelve inches from the left-hand curb, but the front of the vehicle in any event and with respect to the remainder of the vehicle, shall be in the direction of the flow of traffic upon such one-way street;.

Subdivision 4. Angle Parking.

Where angle parking has been established by Council resolution, and is allowed, as shown by curb marking or sign-posting, or both, each vehicle stopped or parked shall be at an angle of approximately 45 to 60 degrees with the front wheel touching the curb and within any parking lines painted on the curb or street, provided that the front wheel not touching the curb shall be the portion of the vehicle furthest in the direction of one-way traffic.

Subdivision 5. Streets without Curb.

Upon streets not having a curb each vehicle shall be stopped or parked parallel and to the right of the paving, improved or main traveled part of the street.

Subdivision 6. Unauthorized Removal.

It is unlawful for any person to move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful.

Subdivision 7. Direction to Proceed.

It is unlawful for any person to stop or park a vehicle on a street when directed or ordered to proceed by any police officer invested by law with authority to direct, control or regulate traffic.

Subdivision 8. Parking Hours.

Parking on streets shall be limited as follows:

1. It is unlawful for any person to stop, park or leave standing any vehicle upon any street for a continuous period in excess of twenty-four (24) hours.

2. The City may, when authorized by resolution of the Council, designate certain streets, blocks or portions of streets or blocks as prohibited parking zones, or five-minute, ten-minute, fifteen-minute, thirty-minute, one-hour, two-hour, four-hour, six-hour, eight-hour, morning or afternoon rush hour limited parking zones and shall mark by appropriate signs any zones so established. Such zones shall be established whenever necessary for the convenience of the public or to minimize traffic hazards and preserve a free flow of traffic. It is unlawful for any person to stop, park or leave standing any vehicle in a prohibited parking zone, for a period of time in excess of the sign-posted limitation, or during sign-posted hours of prohibited parking.

3. It is unlawful for any person to remove, erase or otherwise obliterate any mark or sign placed upon a tire or other part of a vehicle by a police officer for the purpose of measuring the length of time such vehicle has been parked.

4. For the purpose of enforcement of this Section, any vehicle moved less than one block in a limited time parking zone shall be deemed to have remained stationary.

Subdivision 9. Truck Parking. It is unlawful to:

1. Park semi-trailer 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.

2. Park a commercial vehicle of more than 12,000 pounds gross vehicle weight upon any street in the business district except streets as specifically designated by the Council by resolution and sign-posted, but parking of such vehicle for a period of not more than twenty (20) minutes 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 an alley or from an adjacent street where truck parking is not so restricted.

Subdivision 10. Impounding and Removing Vehicles.

When any police officer finds a vehicle standing upon a street or City-owned parking lot in violation of any parking regulation, such officer is hereby authorized to require the driver or other person in charge of such vehicle to remove the same to a position in compliance with this Chapter. When any police officer finds a vehicle unattended upon any street or City-owned parking lot in violation of any parking regulation, such officer is hereby authorized to impound such unlawfully parked vehicle and to provide for the removal thereof and to remove the same to a convenient garage or other facility or place of safety; provided, that if any charge shall be placed against such vehicle for cost of removal or storage, or both, by anyone called upon to assist therewith the same shall be paid prior to removal from such place of storage or safekeeping.

Subdivision 11. Vehicle Repair on Street.

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 four (4) hours. It is also unlawful to drain oil from a vehicle on any street.

Subdivision 12. Parking on Private Property Without Consent.

It is unlawful to park or abandon a motor vehicle on the property of another, or upon an area developed as an off-street parking facility, without the consent of the owner, lessee or person in charge of any such property or facility.

SECTION 11.04 RESIDENTIAL OFF-STREET PARKING.

Subdivision 1. Definitions.

1. Vehicle- any device in, upon, or by which any person or property is or may be transported or drawn upon a street, except devices used exclusively upon stationary rails or tracks.

2. Parking Space- A suitably surfaced and permanently maintained area on private property, either within a building or outside that consists of crushed rock, rock, gravel, cement or blacktop.

3. Setback Line- The minimum horizontal distance between a structure and a lot line.

4. Front Yard- The yard extending the width of the lot from the front lot line to the building setback line.

5. Rear Yard Line- the yard extending the width of the lot extending from the rear lot line to the rear setback line.

6. Lot Line- a line bounding a lot, except that where any portion of a lot extends into a street, the line of such street shall be the lot line.

7. Front Lot Line- The boundary of a lot which abuts a street. For any lot other than a corner lot, which abuts more than one street, all boundaries abutting and parallel to the streets shall be front line lots.

8. Rear Lot Line- the boundary of a lot, which is opposite or most distant from the front lot line.

9. Side Yard- the yard extending along the side lot between the front and rear yards, extending perpendicularly from the side lot line to the side yard setback.

Subdivision 2. Off-Street Parking Regulations

1. Any vehicle parked at a residence, the off-street parking space must be within a building or outside on a space, which is maintained with crushed rock, rock, gravel, cement or blacktop and kept neatly. Seasonal winter parking shall be allowed in an acceptable manner.

2. Required off-street parking automobile parking space shall not be utilized for open storage or for the storage of vehicles, which are inoperable, for sale or for rent.

3. The parking area shall have vehicular access to a street, alley, or roadway with such use and shall not be encroached upon in any manner.

4. Required off-street vehicle parking space shall not be utilized for open storage or for the storage of vehicles, which are inoperable, wrecked, partially dismantled or junked condition.

5. Off-street parking in a residential zone shall not be located in the front yard setback or in a street side yard setback.

6. The vehicle must have affixed to it valid, current motor vehicle registration/license, unless housed in a lawfully erected building defined by Minnesota State Building Standards/Code.

7. Off-street parking in a residential zone shall have five (5) feet setback between the parking space and the property line.

SECTION 11.05. PARKING PRIVILEGE FOR PHYSICALLY DISABLED

Subdivision 1. Scope of Privilege.

A motor vehicle that prominently displays the certificate or bears disability plates may be parked by or solely for the benefit of a physically disabled person:

1. In a designated parking space for disabled persons,

2. In a metered parking space without obligation to pay the meter fee and without time restrictions unless time restrictions are separately posted on official signs;

3. Without time restrictions in a non-metered space where parking is otherwise allowed for passenger vehicles but restricted to a maximum period of time and that does not specifically prohibit the exercise of disabled parking privileges in that space.

4. A person may park a motor vehicle for physically disabled person in a parking space described in clause (1) or (2) only when actually transporting the physically disabled person for the sole benefit of that person and when the parking space is within a reasonable distance from the drop-off point.

5. A certificate is prominently displayed if it is displayed so that it may be viewed from the front and rear of the motor vehicle by hanging it from the rearview mirror attached to the front windshield of the motor vehicle.

a) If no rear view mirror the certificate must be displayed on the dashboard on the driver’s side of the vehicle.
b) No part of the certificate may be obscured.

Subdivision 2. Enforcement.

Statutory parking privileges for physically handicapped shall be strictly observed and enforced. Police officers are authorized to tag vehicles on either private or public property in violation of such statutory privileges.

Subdivision 3. Fire Lanes.

It is unlawful for any person, whether or not physically handicapped, to stop, park, or leave standing, a motor vehicle:

(1) In a sign-posted fire lane at any time, or

(2) In lanes where, and during such hours as, parking is prohibited to accommodate heavy traffic during morning and afternoon rush hours.

SECTION 11.06 AUTOMATIC PARKING BAN AFTER SNOWFALL.

No person shall park or leave standing any vehicle upon any street in the City of Westbrook after a snowfall of two (2) inches or more, no upon any street which is covered or has deposited on it two (2) inches of snow or more, until snow removal comprising the full width of the public right-of-way (curb to curb) has been completed.

Any motor vehicle parked in violation of this section is deemed to be a nuisance that interferes with snow removal from public rights-of-way. Any Police Officer may remove any such vehicle by means of towing or other means in order to facilitate proper snow removal. (See Chapter 11, Section 3, Subdivision 10, Impounding and Removing Vehicles).

The owner of any vehicle for the purposes of this ordinance shall be the registered owner according to the records of the Minnesota Department of Public Safety. The owner shall be presumed to have given consent to the parking of any vehicle, and shall be the individual responsible for the removal.

SECTION 11.07 RECREATIONAL CAMPING VEHICLE PARKING

Subdivision 1. Definitions. The term “recreational camping vehicle means any of the following:

1. “Travel Trailer” a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified “Travel Trailer” by the manufacturer of the trailer.

2. “Pick-up Coach” A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation.

3. “Motor Home” a portable, temporary building to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.

4. “Camping Trailer” a folding structure, mounted on wheels and designed for travel, recreation and vacation uses.

Subdivision 2. Recreational Camping Vehicles Off-Street Parking.

1. Required off-street recreational camping vehicles parking space shall not be utilized for open storage, or for the storage of vehicles which are inoperable, for sale, or for rent.

2. Recreational Camping Vehicles off street parking shall be on crushed rock, rock, gravel, cement or blacktop;

3. The parking spot for the camping vehicle of crushed rock or gravel shall be neatly kept.

4. The vehicle must not be in a rusted, wrecked, partially dismantled or junked condition.

5. The recreational camping vehicle must have affixed to it a valid current motor vehicle license.

Subdivision 3. Recreational Camping Vehicles On-Street Parking.

1. Recreational vehicles may be parked on the roadway for not more than twenty- four (24) hours for the purposes of loading and unloading.

2. Recreational Camping Vehicles, which are tow able vehicles and parked on the street, must stay connected to the tow vehicle;

3. The Camping Vehicles must have affixed to it a valid current motor vehicle license;

4. The vehicle must not lack essential parts that would render it inoperable;

5. The vehicle must not be in a rusted, wrecked, partially dismantled or junked condition.

SECTION 11.08. ATV and UTV -“ALL-TERRAIN AND UTILITY  VEHICLES”

Subdivision 1. Definitions. For the purposes of this Section, the terms defined shall have the meanings given them.

1. ATV “All-Terrain Vehicle”.  Class 1 ATV (under 1,000 lbs) Class 2 ATV (1,000 lbs-1,800 lbs).  This term also refers to trail bikes, mini bikes and amphibious vehicles.

2. UTV “Utility Vehicle” – Vehicle must be licensed for road use.

3. “Owner” – A person, other than a lien holder, having a property interest in, or title to, an ATV, who is entitled to the use or possession thereof.

4. “Operate” – To ride in or on and have control of an ATV.

5. “Operator” – The person who operates or is in actual physical control of an ATV.

Subdivision 2. ATV and UTV – “All-Terrain and Utility Vehicle Restrictions.

ATV (3 or 4 wheelers) that are not licensed for road use are only permitted for yard maintenance only and not to be used on city streets as a mode of transportation.

It is unlawful for any person to operate an ATV or UTV as follows:

1. Operate a motorized ATV or UV on streets, alleys, sidewalks or other public property without obtaining a permit as provided herein

2.  The number of occupants shall not exceed the designed occupant load.

3. On a public sidewalk or walkway provided or used for pedestrian travel.

4. On private property of another without lawful authority or permission of the owner or occupant.

5. On any lands owned or occupied by a public body including school grounds, cemeteries, park property, playgrounds, recreational areas, private roads, platted but unimproved roads or utility easements.

6. While the operator is under the influence of liquor or narcotics, or habit-forming drugs.

7. At a rate of speed greater than reasonable or proper under all of the surrounding circumstances.

8. In a careless, reckless or negligent manner so as to endanger the person or property of another or cause injury or damage thereto.

9. Towing any person or thing on a public street or highway except through the use of a rigid tow bar attached to the rear of an automobile or recreational vehicle.

10. In a manner so as to create a loud, unnecessary or unusual noise, which disturbs, annoys or interferes with the peace and quiet of other persons.

11. Chasing, running over, or killing any animal, wild or domestic.

12. ATV and UTV operation may only be operated on City Street and alleys from sunrise to sunset unless the vehicle is equipped with operational headlights, taillights, brake lights and turn signals.  They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog or other condition, or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.

13. We recommend driving on the extreme right side of roadway.

Subdivision. 3. Owner Responsibility.

1. It is unlawful for the owner of any ATV or UTV to permit its operation on private property without permission of the owner or occupant, on City property without the permission of the Council, or on other public property without permission of the body in charge thereof. For purposes of this Section, the owner shall be conclusively presumed to have given such permission unless the ATV or UTV operated shall have been reported stolen to a law enforcement agency.

2. Every person leaving an ATV or UTV in a public place shall lock the ignition, remove the key and take the same with him.

Subdivision 4 Permitting Requirements.

    1. Each driver will need to apply and pay a permit fee.
    2. All applicants must have a valid driver’s license
    3. The applicant must provide evidence of insurance in compliance with the provisions of MN Statutes concerning insurance coverage for all vehicles.
    4. Proof of current vehicle registration for licensed road use.
    5. Application for permits must be approved by City Council and the Chief of Police.
    6. Permits shall be issued for a period of one calendar year commencing on April 1st – March 31st of each year and may be annually renewed.
    7. Permit fee shall be charged and will need to be paid when an application for a permit is submitted to the City Clerk in the amount of $25.00.
    8. The Chief of Police may suspend or revoke a permit granted hereunder upon a finding the holder thereof has violated any of the provisions of this section or MN Statues Ch 169 or if there is evidence that the permit holder cannot safely operate the permitted vehicle on designated roadways.

Subdivision 5 – Right to Appeal.

If an application for a permit is denied by the City Clerk and/or Police Chief, the party applying for the permit shall have the right to appeal the denial to the City Council by filing a written request for a hearing before the City Council.

The hearing before City Council will be held in the Council Chambers at the closest council meeting that takes place after the denial. The decision the City Council makes by majority vote after the hearing has been held will be final and will be made immediately following

Subdivision 6 – Violation a misdemeanor or petty misdemeanor.
See Section 11.99

 

SECTION 11.09 MOTORIZED GOLF CARTS.

Subdivision 1. Definition

Motorized Golf Cart A small battery or gas powered three or four-wheeled vehicle primarily used for transporting one or two golfers and their equipment.

Subdivision 2. Requirements.

It is unlawful for any person to operate a motorized golf cart on the roadway of a street unless:

1. The operator has in possession a valid, current and unrevoked permit from the city;

2. The operation is on a roadway which has not been designated as prohibited for this type of operation, except crossing at an intersection;

3. The operation is from one-half hour after sunrise to on-half hour before sunset;

4. The operation is not during inclement weather, nor when visibility is impaired by weather, smoke, fog, or other conditions, nor when there is insufficient light to clearly see persons or vehicles thereon at a distance of 500 feet;

5. The motorized golf cart displays a slow moving vehicle emblem on the rear thereof;

6. The motorized golf cart is equipped with rear view mirrors;

7. The operator has insurance coverage as provided by statute

8. The operator observes all traffic laws, except those, which cannot reasonably be applied to motorized golf carts.

9. Only person at least 16 years of age are eligible for permits.

Subdivision 3. Special Vehicle Use by Handicapped Persons.

1. Operation Authorized. Operation of motorized golf carts or four-wheel all-terrain vehicles are hereby authorized on the roadways of all streets, except such as are prohibited by resolution of the Council, and only in strict compliance with this Section.

2. Permits. Permits shall be issued only to handicapped persons as defined by statute. Application for a permit to operate a motorized golf cart or a four-wheel all-terrain vehicle on the roadways of streets shall include the name and address of the applicant and such other information as may from time-to-time be required by the Council. Applications for initial or renewal permits shall be accompanied by a certificate signed by a physician stating that the applicant is capable of safely operating a motorized golf cart or a four-wheel all-terrain vehicle on the roadway of streets. All permits shall expire on December 31, unless renewed. The fee for a permit shall be fixed by resolution of the Council.

Subdivision 4. Revocation.

City Council may at any time suspend or revoke a permit granted upon a finding that the holder thereof has violated any provisions of this section or M.S. Chapter 169, as it may be amended from time to time, or if there is evidence that the permittee cannot safely operate the motorized golf cart on designated roadways.

SECTION 11.10 SNOWMOBILE OPERATING REGULATIONS.

Subdivision 1. Definitions.

1. Snowmobile. A self-propelled vehicle designed for travel on snow or ice steered by skis or runners.

2. “Owner” – A person, other than a lien holder, having a property interest in, or title to, a snowmobile, who is entitled to the use or possession thereof.

3. “Operate” – To ride in or on and have control of a snowmobile.

4. “Operator” – The person who operates or is in actual physical control of a snowmobile.

Subdivision 2. Use of Public Right of Way.

It is unlawful for any person to operate a snowmobile within the right of way of any street or highway, except as follows:

1. Operation in the ditch or on the outside bank within the right-of-way of any street or highway except interstate highways or freeways is permitted in conformance with State law and the City Code, unless the roadway directly abuts a public sidewalk or walkway or property used for private purposes;

2. Operation within the City shall be allowed along the shortest direct route to a gas station, to the city limits, or to the operator or owner’s residence, except that absolutely no snowmobiles shall be allowed on or along 3rd Avenue and 10th Street, except for direct crossings.

Subdivision 3. Crossing Public Streets.

A snowmobile may make a direct crossing of a street or highway except an interstate highway or freeway, provided:

1. The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing.

2. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway.

3. The driver yields the right-of-way to all oncoming traffic, which constitutes an immediate hazard.

4. 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.

5. If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.

Subdivision 4. Uncontrol Intersections.

No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians which constitute an immediate hazard.

Subdivision 5. Emergencies.

Notwithstanding any prohibition in this Section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical. The Chief of Police shall have the authority to determine when the restrictions are suspended and when the restrictions are reactivated.

Subdivision 6. Age of Operator.

No person under fourteen (14) years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator of a snowmobile. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets or highways as permitted under this Section and make a direct crossing thereof only if the operator has in immediate possession a valid snowmobile safety certificate issued by the Commissioner of Conservation as provided by Minnesota Statutes 1969, Section 84.86. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this Subparagraph.

Subdivision 7. Subject to Other Traffic Laws.

A snowmobile shall obey all other traffic laws and regulations, including but not limited to, speed laws, right-of-way, traffic control signs and signals and all other lawful traffic regulations. In addition, any operation of snowmobiles between the hours of one-half hour after sunset to one-half hour before sunrise must be on the right-hand side of such street or highway and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto.

Subdivision 8. Prohibited on Public Property.

It shall be unlawful for any snowmobile to be on any lands owned or occupied by a public body or on frozen waters, including, but not limited to, lakes, school grounds, cemeteries, park property, playgrounds, recreational areas, private roads, platted but unimproved roads, utility easements, public trails and golf courses. Provided, however, that the Council may, by resolution, specifically permit use on City property, in which event the shortest route to and from areas so permitted shall be used.

Subdivision. 9. Snowmobile Equipment.

It is unlawful for any person to operate a snowmobile unless it is equipped with the following:

1. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Regulation CONS. 55 which is hereby adopted by reference as it existed on September 1, 1970. No person shall use a muffler cutout, by-pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound.

2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of the operation.

3. A safety or so-called “dead man” throttle in operating condition, so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track.

4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power 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. The equipment to be in operating condition when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of reduced visibility.

5. Reflective material at least sixteen inches on each side, forward of the handlebars, so as to reflect or beam light at a 90 degree angle.

SECTIONS 11.11 – 11.98 RESERVED.

SECTION 11.99. VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR.

Every person violates a section, subdivision, paragraph or provision of this Chapter when performing 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:

Subdivision 1.

Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, the violator shall be punished as for a misdemeanor; 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 violator shall be punished as for a misdemeanor; where the violator stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, the violator shall be punished as for a misdemeanor.

Subdivision 2.

As to any violations not constituting a misdemeanor under the provisions of Subdivision 1 hereof, the violator shall be punished as for a petty misdemeanor.

Subdivision 3.

As to any violation of a provision adopted by reference, the violator shall be punished as specified in such provision, so adopted.

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