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City Council Ordinance 42 (2)ORDINANCE AMENDMENT The City Council of Monticello hereby ordains that the following sections be added to the traffic ordinances currently in effect: 9-1-7: UNREASONABLE ACCELERATION & ERRATIC DRIVING (A) Unreasonable Acceleration by any motor vehicle upon any public highway, street, parking lot, alley or other public property within the limits of the City of Monticello, except when an emergency creates the necessity for such operation, is prohibited. Unreasonable acceleration of a motor vehicle is hereby defined as acceleration which unnecessarily breaks traction between a tire or tires and the driving surface, thereby causing squealing or screeching sound by the tire or tires or the unnecessary throwing of sand or gravel by the tire or tires or both. (B) Erratic Driving - No person shall drive a vehicle on a public highway, street, parking lot, alley or other public property at erratic or irregular and changing speeds so as to create a hazard to himself or other persons or property or so interfere with other traffic in the area. Passed by the City Council this 10th day of October, 1977• C. 0. Johnson, Mayor ATTEST: W' ber, City Administrator CHAPTER I TRAFFIC SECTION: 9-1-I: ACT ADOPTED; PENALTIES 9-1-2: PARKING AND STOPPING 9-1- : REMOVAL OF VEHICLES 9-1 OWNER 9-1-5: PROTECTION AND PRESERVATION OF CITY STREETS 9-1-6: STREET NAMES 9-1-1: ACT ADOPTED; PENALTIES: THE REGULATORY PROVISIONS OF MINNESOTA STATUTES 1961, CHAPTER 169, AS AMENDED ARE HEREBY ADOPTED AS A TRAFFIC ORDINANCE REGULATING THE USE OF HIGHWAYS, STREETS AND ALLEYS WITHIN THE CITY OF MONTICELLO AND ARE HEREBY INCORPORATED IN AND MADE A PART OF THIS ORDINANCE AS COMPLETELY AS IF SET OUT HERE IN FULL. ANY VIOLATION OF THE STATUTES ADOPTED BY REFERENCE IN SECTION 9-1-1 IS A VIOLATION OF THE ORDINANCE WHEN IT OCCURS WITHIN THE CITY OF MONTICELLO. ANY PERSON THUS VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED BY A FINE OF NOT TO EXCEED THREE HUNDRED DOLLARS ($300.00) OR BY IMPRISONMENT IN THE CITY OR COUNTY JAIL FOR A PERIOD OF NOT TO EXCEED NINETY (90) DAYS, OR B TH. IF A MINIMUM FINE OR IMPRISONMENT IS PRESCRIBED BY THE STATE HIGHWAY TRAFFIC ACT FOR AN OFFENSE, OR IF SUCH OFFENSE BE CLASSIFED AS A PETTY MISDEMEANOR, SUCH PENALTY AND/OR CLASSIFICATION SHALL APPLY TO A PERSON CONVICTED OF THE SAME OFFENSE UNDER THIS ORDINANCE. 9-1-2: PARKING AND STOPPING: IT SHALL BE UNLAWFUL FOR THE OWNER AND/OR DRIVER OF A MOTOR VEHICLE TO STOP, STAND, OR PARK THE SAID VEHICLE IN ANY OF THE FOLLOWING PLACES, EXCEPT WHEN NECESSARY TO AVOID CONFLICT WITH OTHER TRAFFIC OR IN COMPLIANCE WITH THE DIRECTIONS OF A PEACE OFFICER OR TRAFFIC CONTROL DEVICE: (A) ON A SIDEWALK OR BOULEVARD 5ETWEEN SIDEWALK AND ROADWAY. (B) ON A CROSSWALK. (C) WITHIN AN INTERSECTION. (D) WITHIN TWENTY FEET (201) OF A CROSSWALK AT ANY INTERSECTION. (E) WITHIN TEN FEET (101) OF A FIRE HYDRANT. (F) WITHIN THIRTY FEET (301) OF ANY ARTERIAL STOP SIGN OR SIGN INDICATING THE DIRECTION FOR TRAVEL. (G) ON THE ROADWAY SIDE OF ANY VEHICLE STOPPED OR PARKED AT THE EDGE OR CURB OF A STREET OR HIGHWAY. (H) AT ANY PLACE WHERE OFFICIAL SIGNS PROHIBIT STOPPING, STANDING, OR PARKING. (1) IN ANY MANNER ON ANY STREET OR HIGHWAY SO AS TO INTERFERE WITH OR INTERRUPT THE PASSAGE OF OTHER VEHICLES. (J) ALONG THE CURB ADJACENT TO ANY SCHOOL PROPERTY FROM EIGHT OICLOCK (H:OO) AM TO FOUR OICLOCK (4:00) PM ON DAYS WHEN SCHOOL 13 IN SESSION. (K) ON ANY STREET OR ROADWAY BETWEEN THE HOURS OF TWO OICLOCK (2:00) AM AND SIX OICLOCK (6:00) AM OF ANY DAY, EXCEPT PHYSICIANS ON EMERGENCY CALLS. (L) ON ANY CITY STREET FOR MORE THAN 72 CONSECUTIVE HOURS. 9-1-3 9-1-3: REMOVAL OF VEHICLES: WHENEVER ANY POLICE OFFICER FINDS A MOTOR VEHICLE HAS BEEN PARKED OR STOPPED IN VIOLATION OF ANY REGULATION CONTAINED HEREIN, SUCH OFFICER IS HEREBY AUTHORIZED TO MOVE SUCH VEHICLE, PROVIDE FOR THE REMOVAL OF SUCH VEHICLE AND THE IMPOUNDING OF THE SAME, OR REQUIRE THE DRIVER OR OTHER PERSON IN CHARGE OF THE VEHICLE TO MOVE THE SAME* ANY SUCH REMOVAL AND/OR IMPOUNDING OF THE SAID VEHICLE SHALL BE AT THE EXPENSE OF THE OWNER, 9-1-4: OWNER: FOR THE PURPOSES OF THIS SECTION, THE TERM 11OWNER" SHALL MEAN THE PERSON, FIRM, OR CORPORATION WHO HOLC6LEGAL TITLE ON THE DATE OF ANY ALLEGED VIOLATION AS EVIDENCED BY THE OFFICIAL RECORDS OF THE MINNESOTA SECRETARY OF STATE. COPIES OF ANY OF THE FILES OR RECORDS OF THE SECRETARY OF STATE CERTIFIED AS BEING TRUE COPIES SHALL BE RECEIVED IN EVIDENCE WITH THE SAME FORCE AND EFFECT AS THE ORIGINALS, SHALL BE ADMISSIBLE WITHOUT FURTHER FOUNDATION AND SHALL BE PRIMA FACIE EVIDENCE AS TO THE OWNERSHIP OF THE SAID VEHICLE, BUT NOTHING HEREIN CON- TAINED SHALL EXCLUDE OR PROHIBIT THE INTRODUCTION OF OTHER EVIDENCE BEARING ON THE ISSUE OF OWNERSHIP, 9-1-5: PROTECTION AND PRESERVATION OF CITY STREETS: (A) TRACTORS OR OTHER TYPES OF VEHICLES WITH LUGS. TRACTORS OR OTHER VEHICLES WITH LUGS THEREON OR ANY OTHER TYPE OF FARM MACHINERY THAT IS NOT EQUIPPED WITH RUBBER TIRES ARE HEREBY PROHIBITED FROM USING SAID BITUMINOUS TREATED STREETS OR PARKING LOTS IN SAID CITY AND WHOEVER DRIVES SUCH A VEHICLE UPON SAID STREETS WHEREBY SAID STREETS OR PARKING LOTS SHALL BE DAMAGED SHALL BE GUILTY OF A MISDEMEANOR. (B) LOAD LIMITS ON CITY STREETS OR PARKING LOTS. IT SHALL ALSO BE UNLAWFUL FOR ANY PERSON OR PERSONS, FIRM OR CORPORATION TO DRIVE ANY VEHICLE OVER SAID STREETS OR PARKING LOTS HAVING AN AXLE WEI0HTLOAD IN EXCESS OF FOUR TONS, THAT ANY PERSON, FIRM OR CORPORATION WISHING TO DRIVE SUCH VEHICLES IN EXCESS OF ABOVE MENTIONED WEIGHT OVER ANY OF THE STREETS OF MONTICELLO, SHALL FIRST APPLY TO THE CITY ADMINISTRATOR FOR HIS PERMISSION. THAT THE CITY COUNCIL MAY DESIGNATE CERTAIN STREETS TO BE USED REGULARLY BY SUCH PERSONS, FIRM OR CORPORATION IN THE OPERATION OF THEIR BUSINESS, OUTLINING CERTAIN ROUTES THAT SAID VEHICLES ARE TO FOLLOW AND THAT NO DEVIATION FROM SUCH ROUTES WILL BE PERMISSIBLE* (C) TRUCKS OPERATING ON RESIDENTIAL STREETS. IT WILL BE UNLAWFUL FOR ANY PERSON OR PERSONS, FIRMS OR CORPORATIONS TO OPERATE A TRUCK OF OVER 9,000 GROSS WEIGHT ON RESIDENTIAL STREETS EXCEPT THOSE TRUCKS THAT ARE ACTUALLY ENGAGED IN MAKING DELIVERIES OR PICK-UPS AT RESIDENTIAL DWELLINGS. FURTHER, THEY WILL UTILIZE STATE HIGHWAYS OR DESIGNATED TRUCK ROUTE WHEREVER POSSIBLE WHEN MAKING THESE DELIVERIES OR PICK-UPS. ALL OTHER TRUCK TRAFFIC NOT MAKING DELIVERIES OR PICK-UPS WILL UTILIZE ONLY STATE HIGHWAYS OR DESIGNATED TRUCK ROUTES. TRUCKS MAKING DELIVERIES OR PICK-UPS ON RESIDENTIAL STREETS WILL ADHERE TO THE PRO- VISIONS OF PARAGRAPH 9-1-5 (6)- (D) PENALTY. ANY PERSON OR PERSONS, FIRM OR CORPORATION WHO SHALL VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MIS- DEMEANOR AND UPON CONVICTION THEREOF SHALL BE PUNISHED OF A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS ($100.00) AND COST OF PROSECUTION, OR IN DEFAULT OF PAYMENT OF SUCH FINE, SHALL BE IMPRISONED UNTIL THE FINE IS PAID, NOT HOWEVER TO EXCEED THIRTY (30) DAYS. 9-1-6: STREET NAMES: STREET NAMES HAVE BEEN ADOPTED ACCORDING TO THE OFFICIAL CITY MAP ON FILE AT CITY HALL. (12-�7-76 #26.) 9-1-7: UNREASONABLE ACCELERATION & ERRATIC DRIVING: (A) UNREASONABLE ACCELERATION BY ANY MOTOR VEHICLE UPON ANY PUBLIC HIGHWAY, STREET, PARKING LOT, ALLEY OR OTHER PUBLIC PROPERTY WITHIN THE LIMITS OF THE CITY OF MONTICELLO, EXCEPT WHEN AN EMERGENCY CREATES THE NECESSITY FOR SUCH OPERATION, IS PROHIBITED. UNREASONABLE ACCELERATION OF A MOTOR VEHICLE IS HEREBY DEFINED AS ACCELERATION WHICH UNNECESSARILY BREAKS TRACTION BETWEEN A TIRE OR TIRES AND THE DRIVING SURFACE, THEREBY CAUSING SQUEALING OR SCREECHING SOUND BY THE TIRE OR TIRES OR THE UNNECESSARY THROWING OF SAND OR GRAVEL BY THE TIRE OR TIRES OR BOTH. (B) ERRATIC DRIVING - NO PERSON SHALL DRIVE A VEHICLE ON A PUBLIC HIGHWAY, STREET, PARKING LOT, ALLEY OR OTHER PUBLIC PROPERTY AT ERRATIC OR IRREGULAR AND CHANGING SPEEDS SO AS TO CREATE A HAZARD TO HIMSELF OR OTHER PERSONS OR PROPERTY OR SO INTERFERE WITH OTHER TRAFFIC IN THE AREA. (10-10-77 #42)