CHAPTER 5
SNOWMOBILES AND ALL-TERRAIN VEHICLES
SECTION:
6-5-1 Purpose And Intent; State Statutes Adopted
6-5-2 Definitions
6-5-3 Areas Of Prohibited And Restricted Operation
6-5-4 Hours And Days Of Operation
6-5-5 Crossings
6-5-6 Intersections
6-5-7 Speed Limit
6-5-8 Careless Operation
6-5-9 Towing; Dangerous Operation
6-5-10 Operation By Minors
6-5-11 Equipment
6-5-12 Ignition Keys
6-5-13 Application Of Other Traffic Laws
6-5-14 Exemptions
6-5-15 Violation; Penalty
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6-5-1: PURPOSE AND INTENT; STATE STATUTES ADOPTED:
It is the purpose and intent of this chapter to provide reasonable regulations for the use of snowmobiles and all-terrain vehicles on public and private property in the city. It is the intent of this chapter to supplement Minnesota statutes sections 84.81 to 84.89, 84.91, 84.911 and 84.92 to 84.929 and Minnesota statutes chapter 169, with respect to the operation of snowmobiles and all-terrain vehicles. Such statutes are incorporated herein by reference. This chapter is not intended to allow what the state statutes prohibit nor is it intended to be inconsistent with state law. (1974 Code § 1335.01; amd. 2008 Code)
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6-5-2: DEFINITIONS:
For purposes of this chapter, terms defined in this section have the meanings given them:
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ALL-TERRAIN VEHICLE: As defined in Minnesota statutes section 84.92.
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CITY STREET: A public thoroughfare, roadway, alley or trail used for motor vehicle traffic which is not an interstate highway, freeway, trunk highway, county state aid highway or county highway.
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COMMISSIONER: The state commissioner of natural resources acting directly or through his authorized agent.
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DESIGNATED USE AREA: That series of snowmobile trails demarcated on a map dated October 28, 1991, and labeled "snowmobile designated use area", which map is on file with the city clerk and which map is herein incorporated by reference.
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OPERATE: To ride in or on and control the operation of a snowmobile or all-terrain vehicle.
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OPERATOR: Every person who operates or is in actual physical control of a snowmobile or all-terrain vehicle.
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OWNER: A person, other than a lien holder, having the property in or title to a snowmobile or all-terrain vehicle, or entitled to the use or possession thereof.
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PERSON: Includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not.
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RIGHT OF WAY: The entire strip of land traversed by a public highway or public street in which the public owns the fee or an easement for roadway purposes. Right of way includes the roadway and the shoulder, the inside bank, the ditch and theoutside bank thereof.
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ROADWAY: That portion of a public street or public highway, improved, designed or ordinarily used for vehicular travel.
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SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice, steered by skis or runners. (1974 Code § 1335.03; amd. 2008 Code)
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6-5-3: AREAS OF PROHIBITED AND RESTRICTED OPERATION:
A. All-Terrain Vehicles: All-terrain vehicles shall not be operated in the following areas within the city:
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1. Within the right of way of any interstate highway or freeway.
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2. Upon the roadway, shoulder, or inside bank or slope, or on the right of way between opposing lanes of traffic of any trunk, county state aid, or county highway, except as provided in section 6-5-5 of this chapter.
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3. Within the ditch or upon the outside bank or slope of any trunk, county state aid, or county highway between the hours of one-half (1/2) hour after sunset to one-half ( 1/2) hour before sunrise, except on the right hand side of such right of way and in the same direction as the highway traffic.
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4. Within the right of way of city streets, except as provided by section 6-5-5 of this chapter.
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5. On sidewalks.
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6. On boulevards.
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7. On city trails.
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8. Within city parks.
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9. Upon any school grounds, except with express written permission from the district superintendent or college president. If express written permission is obtained, then either the written permission must be on file with the city police department, or in the alternative, the operator must have the written permission on his person and in his possession while operating the all-terrain vehicle. The written permission shall specify the areas where operation is permitted.
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10. On private property, except by the owner of the private property or except by express written permission of the owner of the private property. If express written permission is obtained, then either the written permission must be on file with the city police department, or in the alternative, the operator must have the written permission on his person and in his possession while operating the all-terrain vehicle. The written permission shall specify the areas where operation is permitted. (1974 Code § 1335.05)
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11. On an airport as defined in Minnesota statutes section 360.013, subdivision 39, or other applicable law. (1974 Code § 1335.05; amd. 2008 Code
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12. On public waters, except the Mississippi River. (1974 Code § 1335.05)
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B. Snowmobiles:
1. Snowmobiles shall not be operated in the following areas within the city:
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a. Within the right of way of any interstate highway or freeway.
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b. Upon the roadway, shoulder, or inside bank or slope, or on the right of way between opposing lanes of traffic of any trunk, county state aid, or county highway, except as provided in section 6-5-5 of this chapter, or except as may be expressly allowed by appropriate county authorities with respect to county state aid or county highways.
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c. Within the ditch or upon the outside bank or slope of any trunk, county state aid, or county highway between the hours of one-half (1/2) hour after sunset to one-half ( 1/2) hour before sunrise, except on the right hand side of such right of way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto or except as provided in section 6-5-5 of this chapter.
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d. Within the right of way of city streets, except as provided by section 6-5-5 of this chapter. A further exception is that a trail grooming machine for the designated use area may be operated on the city streets of Cahill Avenue, 80th Street and Barbara Avenue to travel to the trailheads listed in subsection B2 of this section.
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e. On sidewalks.
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f. On boulevards.
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g. On city trails.
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h. Within city parks; provided, however, in Rich Valley park, snowmobiles may be operated on designated and posted travel routes; provided further, however, for single occasion purposes, snowmobiles may be operated in other areas only with and subject to a written permit issued by the director of parks and recreation. The permit shall set forth reasonable restrictions relating to time of operation and responsibility for costs. (1974 Code § 1335.07)
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i. On an airport as defined in Minnesota statutes section 360.013, subdivision 39, or other applicable law. (1974 Code § 1335.07; amd. 2008 Code)
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j. On private property or other public property, except by the owner of the property or except by express written permission of the owner of the property. If express written permission is obtained, then either the written permission must be on file with the city police department, or in the alternative, the operator must have the written permission on his person and in his possession while operating the snowmobile. The written permission shall specify the areas where operation is permitted.
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k. On public waters, except the Mississippi River.
2. With respect to the designated use area, snowmobiles may not be operated north of 80th Street. In the designated use area, snowmobiles may be operated south of 80th Street only if all the following conditions are met:
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a. Access shall be from only the following two (2) trailheads: either 1) the parking lot located at the city public works maintenance facility near Barbara Avenue; or 2) Rich Valley park.
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b. The snowmobiles must be transported or trailered to the trailheads noted above.
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c. If the designated use area is on private property, the conditions of subsection B1j of this section must be met. (1974 Code § 1335.07)
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6-5-4: HOURS AND DAYS OF OPERATION:
A. No snowmobile or all-terrain vehicle shall be operated anywhere within the city except during the following hours:
12:00 midnight to 1:00 A.M. and 7:00 A.M. to 11:00 P.M. Sunday
7:00 A.M. to 10:00 P.M. Monday
7:00 A.M. to 10:00 P.M. Tuesday
7:00 A.M. to 10:00 P.M. Wednesday
7:00 A.M. to 10:00 P.M. Thursday
7:00 A.M. to Saturday Friday
12:00 midnight to 1:00 A.M. and 7:00 A.M. to Sunday Saturday
B. In addition, on the day prior to a national holiday, operation may occur from seven o'clock (7:00) A.M. to the national holiday and from twelve o'clock (12:00) midnight to one o'clock (1:00) A.M. on the national holiday. (1974 Code § 1335.11)
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6-5-5: CROSSINGS:
A snowmobile or all-terrain vehicle may make a direct crossing of a public street or public highway, other than an interstate highway or freeway, during designated hours of operation stated in section 6-5-4 of this chapter, provided:
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A. The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the public street or public highway and at a place where no obstruction prevents a quick and safe crossing; and
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B. The snowmobile or all-terrain vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the public street or public highway; and
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C. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard; and
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D. In crossing a divided public street or public highway, the crossing is made only at an intersection of such public street or public highway with another public street or public highway; and
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E. If the crossing is made between the hours of one-half ( 1/2) hour after sunset to one-half ( 1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on; and
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F. A snowmobile or all-terrain vehicle may be operated upon a bridge, other than a bridge that is part of the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible, provided the snowmobile or all-terrain vehicle is operated in the extreme right hand lane,the entrance to the roadway is made within one hundred feet (100') of the bridge and the crossing is made without undue delay. (1974 Code § 1335.09)
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6-5-6: INTERSECTIONS:
No snowmobile or all-terrain vehicle shall enter any intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard. (1974 Code § 1335.19)
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6-5-7: SPEED LIMIT:
No snowmobile or all-terrain vehicle shall be operated on or cross the roadway of any city street, or other public highway or public street or public trail, at a speed in excess of fifteen (15) miles per hour. (1974 Code § 1335.13)
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6-5-8: CARELESS OPERATION:
It shall be unlawful for any person to operate any snowmobile or all-terrain vehicle in the following unsafe or harassing ways:
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A. At a rate of speed greater than reasonable or proper under all the surrounding circumstances; or
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B. damage thereto; or In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or
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C. While under the influence of an alcoholic beverage or a controlled substance; or
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D. Without a lighted headlight and taillight when required for safety; or
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E. In any tree nursery or planting in a manner which damages or destroys growing stock. (1974 Code §
1335.15)6-5-9:
TOWING; DANGEROUS OPERATION:
It is unlawful for any person to operate a snowmobile or all- terrain vehicle within the city so as to tow any person or thing in a public street or public highway except through use of a rigid towbar attached to the rear of the snowmobile or all- terrain vehicle, or within one hundred feet (100') of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with the use or endanger other persons or operation. (1974 Code § 1335.21)
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6-5-10: OPERATION BY MINORS:
A. Snowmobiles:
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1. No person under fourteen (14) years of age shall make a direct crossing of a trunk, county state aid, or county highway or a city street as the operator of a snowmobile.
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2. No person under fourteen (14) years of age shall operate a snowmobile within the right of way of a public street or public highway within the city.
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3. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may make a direct crossing of a trunk, county state aid, or county highway or city street only if he has in his immediate possession a valid snowmobile safety certificate issued by the commissioner.
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4. A person fourteen (14) years of age or older, but less than sixteen (16) years of age, shall not operate a snowmobile on a trunk, county state aid, or county highway or a city street, except for purposes of making a direct crossing, and only ifthe person has in his immediate possession a valid snowmobile safety certificate issued by the commissioner.
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5. A person sixteen (16) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on a trunk, county state aid or county highway or a city street, but only if the person has in his immediate possession a valid snowmobile safety certificate issued by the commissioner.
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6. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this subsection.
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B. All-Terrain Vehicles:
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1. A person under twelve (12) years of age shall not make a direct crossing of a trunk, county state aid, or county highway or city street as the operator of an all-terrain vehicle.
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2. A person under twelve (12) years of age shall not operate an all-terrain vehicle upon or within the right of way of a public street or public highway within the city.
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3. A person twelve (12) years of age, but less than fourteen (14) years, may make a direct crossing of a trunk, county state aid, or county highway or city street only if that person possesses a valid all-terrain vehicle safety certificate and is accompanied by a person over eighteen (18) years of age or holding a valid driver's license.
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4. A person fourteen (14) years of age or older, but less than sixteen (16) years of age, may make a direct crossing of a trunk, county state aid, or county highway or city street only if that person possesses a valid all-terrain vehicle safety certificate issued by the commissioner or a valid motor vehicle operator's license.
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5. It is unlawful for the owner of an all-terrain vehicle to permit the all-terrain vehicle to be operated contrary to the provisions of this subsection. (1974 Code § 1335.25)
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6-5-11: EQUIPMENT:
It is unlawful for any person to operate a snowmobile or all- terrain vehicle any place within the limits of the city unless it is equipped with the following:
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A. Brakes: Brakes adequate to control the movement of and to stop and hold the snowmobile or all-terrain vehicle under any condition of operation.
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B. Deadman Throttle: A safety or so called "deadman" throttle in operating condition. A "safety or deadman throttle" is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track.
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C. Lights:
1. When operated between the hours of sunset and sunrise or at times of reduced visibility, at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead during the hours of darkness under normal atmospheric conditions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile or all-terrain vehicle operator.
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2. The snowmobile or all-terrain vehicle shall also be equipped with at least one red taillamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500') to the rear during hours of darkness under normal atmospheric conditions.
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D. Pennant Flag: A pennant flag of red or blaze material, at least one hundred forty four (144) square inches in area, at a height of not less than six feet (6') from the ground level at any time when the vehicle is crossing the roadway of any public highway or public streets, unless the operator is in a standing or semistanding position.
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E. Reflective Materials: Reflective material at least sixteen (16) square inches on each side, forward of handlebars, so asto reflect lights at a ninety degree (90°) angle.
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F. Mufflers: 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. No person shall use a muffler cutout, bypass, straight pipe or similar device on any snowmobile or all-terrain vehicle, and the exhaust system shall not emit or produce a sharp or popping or cracking sound. (1974 Code § 1335.23)
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6-5-12: IGNITION KEYS:
Every person leaving a snowmobile or all-terrain vehicle on a public place shall lock the ignition, remove the key and take the same with him. (1974 Code § 1335.23)
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6-5-13: APPLICATION OF OTHER TRAFFIC LAWS:
City traffic ordinances and all provisions of Minnesota statutes chapter 169 shall apply to the operation of snowmobiles and all- terrain vehicles upon public streets and public highways, except those which by their nature have no application. (1974 Code § 1335.17)
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6-5-14: EXEMPTIONS:
A. All public safety officers of the city shall be exempt from the restrictions of this chapter while operating a snowmobile or all-terrain vehicle in response to an emergency situation or in the immediate pursuit of an actual or suspected violator of the law.
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B. A person may operate a snowmobile upon a public street or highway in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. (1974 Code § 1335.27)
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6-5-15: VIOLATION; PENALTY:
It is unlawful for any person to operate a snowmobile or all- terrain vehicle or for an owner to permit the operation of a snowmobile or all-terrain vehicle contrary to the provisions of this chapter. Any person violating the terms of this chapter shall, upon conviction thereof, be guilty of a misdemeanor and sentenced accordingly. (1974 Code §§ 1335.29, 1335.31)