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City Council Ordinance 777Ordinance 777 Ordinance amending Title VII, Chapter 71— Recreational Motor Vehicles SECTION 1: Chapter 71 is hereby amended as follows: Section 71.01 Purpose and intent 71.02 Definitions 71.03 Permitted operation of a recreational motor vehicle 71.04 Restrictions of recreation motor vehicles 71.05 Designation of public areas for use 71.06 Minimum equipment requirements 71.07 Compliance 71.99 Penalty 71.100 Permit Revocation § 71.01 PURPOSE AND INTENT. The purpose of this chapter is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the city. It is intended to protect life, property, and to prevent public nuisances. No section hereafter shall be construed to minimize regulations set forth in M.S. Ch. 168 (Motor Vehicle Registration), as it may be amended from time to time, M.S. Ch. 169 (Motor Vehicle Operation)/(Driver License Regulations), as it may be amended from time to time, and M.S. §§ 84.81 et seq. (Snowmobile Regulations), as it may be amended from time to time. § 71.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ALL -TERRAIN VEHICLE or VEHICLE. Has the meaning given in M.S. § 84.92, Subd. 8, as it may be amended from time to time. CLASS 1 ATV. A Class 1 all -terrain vehicle means an all -terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is 50 inches or less. CLASS 2 ATV. A Class 2 all -terrain vehicle means an all -terrain vehicle that has a total width from outside of tire rim to outside of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inches. DRIVER -OPERATOR. Every person who drives or operates and is in actual physical control of a recreational vehicle. ELECTRIC -ASSISTED BICYCLES. A device with two or three wheels; a saddle and fully operable pedals for human propulsion; and an electric motor that is: 1,000 watts or less, incapable of propelling faster than 20 miles per hour, 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 vehicles brakes are applied. GOLF CART. A self-propelled three or four -wheeled vehicle designated for and commonly used for transportation on a golf course that is limited in engine displacement of less than 800 cubic centimeters and total dry weight of less than 800 pounds. Vehicles that are required to be registered with the Minnesota Department of Natural Resources do not fall within the definition of a golf cart for purposes of this code. MOTORIZED FOOT SCOOTER. A device with handle bars designed to be stood or sat upon by the operator, and powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, and that has no more than two 12 - inch or smaller diameter wheels and has an engine or motor that is capable of a maximum speed of 15 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged. OWNER. A person, other than a lien holder, having the property in or title to a recreational motor vehicle entitled to the use or possession thereof. RECREATIONAL MOTOR VEHICLE (RMV). Any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes including, but not limited to trail bike, off-highway motorcycle, as defined by Minn. Stat. § 84.787, Subd. 7, as it maybe amended from time to time, or other all -terrain vehicle as defined by Minn. Stat. 84.90 and Minn.Stat. § 84.92, Subd. 8-10 as it may be amended from time to time, or motorized go- carts, hovercraft,or motor vehicle licensed for highway operation, which is being used for off- road recreational purposes, but not including motorized golf carts, personal electric mobility devices, motorized footscooters, neighborhood electric vehicles, medium -speed electric vehicles, or mini -trucks. SEGWAYS OR ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self -balancing device with two tandem wheels, designed to transport not more than one person, and operated by an electric propulsion system that limits the maximum speed of the device to 15 miles per hour. SNOWMOBILE. A self-propelled vehicle designed for travel on snow or ice steered by skis or runners. § 71.03 PERMITTED OPERATION OF A RECREATIONAL MOTOR VEHICLE. The following recreational motor vehicles shall be specifically permitted. (A) An All -terrain vehicle Class 2 ATV as defined Minn. Stat. § 84.92 Subd. 10 shall be permitted to operate on city street, or other city roadway and parking lot designed for vehicular traffic. (1) Owner -operator must present proof of registration and display if the registration is required by M.S. §84.92, as it may be amended from time to time and must be permitted by the city, fee set forth in the city's fee schedule. (B) 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 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 M.S. § 84.87, Subd. I, as it may be amended from time to time. Map of designated route on file at City Hall. (D) Owner -operator must hold valid insurance complying with M.S. § 6513.48, Subd. 5, as it may be amended from time to time. (E) Class 1 and Class 2 ATVs, golf carts and snowmobiles shall obey all city and state traffic laws when operating vehicles on city streets. IF) A Class 1 ATV and golf -carts as permitted by the City and allowed in specific locations as noted in the City of Monticello Class 1 ATV/Golf Cart Street Map. Application for a permit must be made on a form with fee set forth in city fee schedule supplied by the city and must contain all of the following information: (1) The registered owner's name, address, and telephone number; (2) The make, model, year and ATV or golf cart; (3) Proof of insurance. The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes; (4) Current driver's license or reason for not having a current license; and (5) Golf carts and Class 1 ATVs are only permitted to be operated on designated city streets. Designated streets are those which are considered to be local in nature, under Monticello jurisdiction, and 30 mph or less. Golf Carts and Class 1 ATVs are not permitted to travel down County, State, or roads built with State -Aid funds. The streets which are designated for golf cart operation are shown on the city's ATV/Golf Cart Street Map, which is on file and of record with the City Clerk. Golf carts and Class 1 ATVs are permitted to cross over any non -designated street or highway that intersects a designated city street. With this exception, golf carts and Class 1 ATVs shall not, for any period of time or distance, travel down any streets or highways not permitted for golf cart use. (H) Motorized Foot Scooters as defined by Minn. Stat. §169.011, Subd. 46, may be operated within the city pursuant to and in accordance with Minn. Stat. §169.225. (1) Segways or Electric Personal Assistive Mobility Devices as defined by Minn. Stat. §169.011, Subd. 26, may be operated within the city pursuant to and in accordance with Minn. Stat. §169.212. (J) Electronic Assisted Bicycles as defined by Minn. Stat. §169.011, Subd. 27, may be operated in the city pursuant to and in accordance with Minn. Stat. §169.223. § 71.04 RESTRICTIONS OF RECREATION MOTOR VEHICLES. (A) Recreational motor vehicles shall not be allowed, except as specifically permitted in this chapter. (B) It is a misdemeanor for any person to operate any recreational motor vehicle as listed below. (1) Class 1 and Class 2 ATVs and snowmobiles may not operate: (a) Between the hours of 11:00 p.m. and 7:00 a.m. within 300 feet of a residence, (b) At a rate of speed greater than reasonable, prudent, or proper under all the surrounding circumstance, but in no case exceeding 15 mph for snowmobiles and 20 mph for Class 1 ATV; (c) On publicly owned land, including school, city street, park property, playgrounds, or recreation areas, nor on any sidewalks or pathways in the city provided for pedestrian and/or bicycle travel; (d) Class 1 and Class 2 ATVs cannot be operated on the road ditch bottom or outside ditch slope unless on a trail designated; (e) 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; (f) On private property or another without specific permission of the owner or person in control of the property; (g) While under the influence of alcohol or drugs as defined in M.S. § 169A.20, as it may be amended from time to time; (h) So as to intentionally chase, run over, or kill any animal; (i) 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 chapter, nor shall operation on any such highway be permitted where the roadway directly abuts a public sidewalk or walkway; and (j) Without headlight and taillight lighted at all times if the vehicle is equipped with headlight and taillight. (k) Without a brake operational by either hand or foot. (1) No person under 18 years of age shall operate a Class 2 ATV while carrying a passenger except for a parent or lawful guardian. § 71.05 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. § 71.06 MINIMUM EQUIPMENT REQUIREMENTS. (A) Class 1 ATV, Class 2 ATV and Snowmobiles: (1) Standard mufflers shall be properly 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 pipe, or similar device on a recreational motor vehicle motor. The exhaust system shall not emit or produce a sharp popping or crackling sound. (2) Brakes shall be adequate to control the movement of and to stop and hold under any conditions of operation. (3) 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. (4) Snowmobiles require reflective material at least 16 square inches on each side, forward of the handlebars, so as to reflect a beam of light at a 90 -degree angle. (5) Seat belts are required to be worn by the operator and all passenger if the vehicle is equipped with them and the operator and all passengers shall wear a safety helmet approved by the Minnesota Commissioner of Public Safety when required by state law. (6) 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, public waters, or on a public road right-of-way unless wearing a safety helmet approved by the Commissioner of Public Safety. (7) 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 a seat belt has been provided by the manufacturer. (B) Golf Carts (1) The operator must have in his or her actual physical possession a valid, current, and unrevoked golf cart permit while operating the golf cart on a city street along with proof of insurance; (2) Operator must be no less than age 16 and must hold a valid Minnesota Driver's license; (3) The operator is responsible for operating the golf cart in accordance with this section, and all other city, county, and state laws and regulations; (4) Golf carts must be operated on the pavement and not within any boulevard or ditch, city sidewalk, trail or walkway used for pedestrian travel, or other publicly owned land; (5) Golf carts must only transport as many persons as it was designed by the manufacturer to carry; (6) Golf carts must not be operated on city streets during inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions or at any time when there is insufficient visibility to clearly see persons or vehicles on the roadway at a distance of 500 feet; (7) Every person operating a golf cart on a city street has the rights and duties applicable to the driver of any other vehicle and must comply with the provisions of any traffic law of the City of Monticello and Minnesota Statutes Chapter 169, as it may be amended from time to time, except when these provisions cannot reasonably be applied to motorized golf carts and except as otherwise specifically provided in Minnesota Statutes Section 169.045, Subd.ivision 7, as it may be amended from time to time. (8) Equipment required. All golf carts must have the following equipment when operating on city streets: a. A slow-moving vehicle emblem provided in Minnesota Statutes Section 169.522 prominently displayed on the rear of the vehicle: b.A rear-view mirror so located as to reflect to the operator a view of the roadway for a distance of at least 200 feet to the rear of the vehicle; and c. Parking brakes to hold the vehicle in place when unattended. d. Night Driving. Golf carts may only be operated between the hours of sunrise and sunset unless equipped with original headlights, taillights, and rear - facing brake lights. Street Crossings (A) No person under 16years of age operatingthe vehicles regulated herein shall make a direct crossing of any street, highway, or public right-of-way; or operate a vehicle regulated hereinon a public street, highway, or road right-of-way; or operate a vehicle regulated herein on public lands or waters, except that a person at least 10 years of age but under 12 years of age mayoperate an all -terrain vehicle with an engine capacity up to 110cc on public lands or waters if accompanied bya parent or legal guardian. (B) A Recreational Vehicle may make a direct crossing of a public road right-of-way provided: (1) The crossing is made at an angle of approximately 90 degrees to the direction of the road andat a place where no obstruction prevents a quick and safe crossing. (2) The vehicle is brought to a complete stop before crossing the shoulder or main traveled wayof the road. (3) The driver yields the right-of-way to all oncoming traffic that constitutes an immediatehazard. (4) In crossing a divided road, the crossing is made only at an intersection of the road withanother public road. (5) If the crossing is made between the hours of one-half hour after sunset to one-half hourbefore sunrise or in conditions of reduced visibility, only if both front and rear lights are on. § 71.07 COMPLIANCE. It is unlawful for an owner -operator to permit a recreational motor vehicle contrary to the provisions of this chapter. § 71.99 PENALTY. Any person violating any provision of this chapter 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. 1. hereunder upon a finding that the holder has violated any of the provisions of this section or Minnesota Statutes Chapter 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the golf cart on the designated city streets. § 71.100 PERMIT REVOCATION The City may suspend or revoke a permit granted hereunder upon finding that the holder has violated any of the provisions of this ordinance. Section 2: This ordinance shall take effect June 11, 2022. Adopted by the Monticello City Council this 23rd day of May, 2022 i' Lloyd i gart, Mayor ATTEST: J nifer Sc reiber, City Clerk Ayes: Davidson, Fair, Gabler, Hilgart, and Murdoff Nays: None