Loading...
City Council Ordinance 685ORDINANCE REGULATING THE OPERATION AND USE OF RECREATIONAL VEHICLES WITHIN T14E CITY OF MONTICELLO, MINNESOTA AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF 9-3-1: Purpose and Intent 9-3-2: Definitions 9-3-3: Permitted Operation of a Recreational Motor Vehicle 9-3-4: Restrictions of Recreation Motor Vehicles 9-3-5: Designation of Public Areas for Use 9-3-6: Minimum Equipment Requirements 9-3-7: Compliance 9-3-8: Violation 9-3-1: PURPOSE AND INTENT: The purpose of this ordinance is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the City of Monticello. It is intended to protect life, property, and to prevent public nuisances. No section hereafter shall be construed to minimize regulations set forth in Minnesota, State Statutes 168 (Motor Vehicle Registration), 169 (Motor Vehicle Operation), (Driver License Regulations), and 84.8 (Snowmobile Regulations). 9-3-2: DEFINITION: ALL -TERRAIN VECHICLE: "All -terrain vehicle" or "vehicle" has the meaning given in State Statutes 84.92, sub. 8. CLASS I ATV: means an ATV that has a total dry weight of less than 900 pounds. CLASS 2 ATV: means an ATV that has a total dry weight of 900-1,500 pounds. DRIVER -OPERATOR: "Driver -Operator" means every person who drives or operates and is in actual physical control of a recreational vehicle. TITLE iX / Chapter 3 / Page MOTORIZED GOLF CART: a vehicle usually three or four wheeled, which is self-propelled and is designed to be used to provide transportation on a golf course. OWNER: "Owner" means a person, other than a lien bolder, having the property in or title to a recreational motor vehicle entitled to the use or possession thereof. RECREATIONAL MOTOR VEHICLE (RMV): means a self-propelled vehicle designed for travel on snow, ice, or natural terrain steered by wheels, skis or runners. Snowmobiles, Class I ATV, Class 2 ATV, UTV, golf carts, go-carts, mini -bikes, dune buggies, and trail bikes are all RMVs. SNOWMOBILE: "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. 9-3-3: PERMITTED OPERATION OF A RECREATIONAL MOTOR VEHICLE: The following recreational motor vehicles shall be specifically permitted: (A) Class 2 ATVs and snowmobiles may be operated for general recreational use as a direct route for access to and from the operator's residence for the purpose of entering or leaving the city. (B) Class 2 ATV may operate on the extreme right hand side of the right-of- way of streets, roadways, or alleys that are used for other public motor vehicular travel and that are under the jurisdiction of the city and follow all regulations described in Minnesota Statute 84.928, subd. 1. (C) Snowmobiles may operate on the extreme right hand side of the right-of- way streets, roadways, or alleys that are used for other public motor vehicular travel and that are under the jurisdiction of the city and follow all regulations described in Minnesota Statute 84.87, subd. L (D) Owner -Operator must present proof of registration of the Class 2 ATV if such registration is required by Minnesota Statute Section 84.922. (E) Owner -Operator must hold valid insurance complying with Minnesota Statutes 65B.48,, subd. 5. (F) Class 2 ATVs and snowmobiles shall obey all city and state traffic laws when operating vehicles on city streets. TITLE IX / Chapter 3 / Page 2 9-3-4: RESTRICTIONS OF RECREATIONAL MOTOR VEHICLES: Recreational motor vehicles shall not be allowed, except as specifically permitted in this ordinance. It is a misdemeanor for any person to operate any recreational motor vehicle as listed: (A) Class 2 ATVs and Snowmobiles may operate with the following restrictions: 1. Between the hours of 11 p.m. and 7 a.m. within three hundred feet (300') of a residence, except that on Friday and Saturday nights and evenings preceding Thanksgiving, Christmas, and New Year's the hours shall be I a.m. to 7 a.m. 2. At a rate of speed greater than reasonable, prudent, or proper under all the surrounding circumstances but in no case exceeding 15 mph for snowmobiles and 20 mph for Class 2 ATV. 3. On publicly owned land, including school, city street, park property, playgrounds or recreation areas nor on any sidewalks or pathways in the City of Monticello provided for pedestrian and/or bicycle travel. 4. At any place in a careless, reckless, or negligent manner so as to endanger or be likely to endanger any person or property or to cause injury or damage thereto. On private property or another without specific pen-nission of the owner or person in control of the property. 6. While under the influence of alcohol or drugs as defined in Minnesota Statute Section 169A.20, as it may be amended from time to time. 7. So as to intentionally chase, run over, or kill any animal. 8. On any roadway, shoulder, or inside bank or slope of any city trunk, county state -aid, or county highway in the city, except as provided in this ordinance, nor shall operation on any such highway be permitted where the roadway directly abuts a public sidewalk or walkway. 9. Without headlight and taillight lighted at all times if the vehicle is equipped with headlight and taillight. TITLE IX / Chapter 3 / Page 3 (B) All other Recreational Motor Vehicles, including but not limited to, Class I ATVs, motorized golf carts, go-carts, mini -bikes, dune buggies, and utility task vehicles, are not permitted on any city street, county or state highway, sidewalk, pathway, trail, recreational area, or any other public area, nor on any private property of another without permission to do so by the owner or said property. 9-3-5: DESIGNATION OF PUBLIC AREAS FOR USE: The City Council may designate areas for use of recreational motor vehicles by approval of a majority of the members of the Council upon public notice being given. (A) Standard mufflers shall be property attached and in constant operation to reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pip, or similar device on a recreational motor vehicle motor. The exhaust system shall not emit or produce a sharp popping or crackling sound. (B) Brakes shall be adequate to control the movement of and to stop and hold under any conditions of operation. (C) At least one clear lamp shall be 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. The head lamp shall be so 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 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. This equipment shall be required and shall be in operating condition when the vehicle is operated between the hours of one-half hour after sunset and one-half hour before sunrise, or at times of reduced visibility. (D) Snowmobiles require reflective material at least sixteen (16) square inches oil each side, forward of the handlebars, so as to reflect a beam of light at a ninety (90) degree angle. (E) Helmet and seat belts required A person less than 18 years of age shall not ride as a passenger or as an operator of a recreational vehicle regulated herein on public land, TITLE ix / Chapter 3 / Page 4 public waters, or on a public road right-of-way unless wearing a safety helmet approved by the commissioner of Public Safety. 2. A person less than 18 years of age shall not ride as a passenger or as an operator of a vehicle regulated herein without wearing a seat belt when such seat belt has been provided by the manufacturer. 9-3-7: COMPLIANCE: It is unlawful for owner -operator to permit a recreational motor vehicle contrary to the provisions of this ordinance. 9-3-8: VIOLATION: Any person violating any provision of this ordinance is guilty of a misdemeanor and upon conviction shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law. APPROVED FOR PURL ICATION by the City Council of Monticello, Minnesota, this 27'h day of November, 2017 CITY OF MONTICELLO I§rian Stumpf, M"ayk LIUMN Jeff O'�ei-ity Administrator VOTING IN FAVOR: Davidson, Fair, Gabler, Hilgart, and Stumpf VOTING IN OPPOSITION: None TITLE IX / Chapter 3 / Page 5