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City Council Ordinance 42ORDINANCE 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, parlfl.ng 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 g-I-I • CHAPTER I TRAFFIC SECTION: 9-I-i: ACT ADOPTED; PENALTIES 9-I-Z: PARKING AND STOPPING 9-I-~: REMOVAL OF VEHICLES 9-I- OWNER 9-I-5: PROTECTION ANO PRESERVATION OF CITY STREETS 9-i-6: STREET NAMES 9-I-I 9-I-I: ACT ADOPTED; PENALTIES: THE REGULATORY PROVISIONS OF MINNESOTA STATUTES 1961, CHAPTER 169, AS AMENDED ARE HEREBY ADOPTED AS A TRAFFIG ORDINANCE REGULATING THE USE OF HIGHWAYSi STREETS AND ALLEYS WITHIN THE CITY OF MONTtGELLO AND ARE HEREBY INCORPORATED iN AND MADE A PART OF THIS ORDINANCE AS COMPLETELY A3 IF SET OUT HERE IN FULL. ANY VIOLATION OF THE STATUTES ADOPTED BY REFERENCE IN SECTION 9-I-I IS A VIOLATION pF THE ORDINANCE WHEN IT OCCURS WITHIN THE CITY OF MONTICELLO• ANY PERSON THUS VIOLATING ANY PROV1510N OF THIS ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED BY A FINE OF NOT Tp EXCEED THREE HUNDRED DOLLARS {$300.00) OR BY IMPRISONMENT IN THE CITY OR COUNTY JAIL FOR A PERIOD OF NOT TO EXCEED NINETY {90~ OAYS~ OR B$TH. IF A MINIMUM FINE OR IMPRISONMENT IS PRESCRIBED BY THE STATE HIGHWAY IRAFFIC ACT FpR AN OFFENSE OR IF SUCH OFFENSE BE CLASSIFED AS A PETTY MISDEMEANORS SUCH PENALTY AND~OR CLASSIFICATION SMALL APPLY TO A PERSON CONVICTED pF THE SAME OFFENSE UNDER THIS ORDINANCE. 9_-I-2: PARKING AND STOPPING: IT SHALL BE UNLAWFUL FOR THE OWNER AND~OR DRIVER OF A MpTOR VEHICLE TO STOP, STANDS OR PARK THE SAID VEHICLE IN ANY OF THE FOLLOWING PIACES~ EXCEPT WHEN NECESSARY Tp AVOtA CONFLICT WITH OTHER TRAFFIC pR IN COMPLIANCE WITH THE DIRECTIONS OF A PEACE OFFICER OR TRAFFIG CONTROL DEVICE: {A) ON A SIDEWALK OR BOULEVARD BETWEEN SIDEWALK AND ROADWAY. {B~ ON A CROSSWALK. {C) WITHIN AN INTERSECTION. {D) WITHIN TWENTY FEET {ZOI) OF A CROSSWALK AT ANY INTERSECTION. {E) WITHIN TEN FEET {IOC) OF A FIRE HYDRANT. {F~ WITHIN THIRTY FEET {3O1) OF ANY ARTERIAL STOP SIGN OR SIGN INDICATING THE DIRECTION FOR TRAVEL. {G) AN THE ROADWAY SIDE OF ANY VEHICLE STOPPED OR PARKED AT THE eoGE OR CURB OF A STREET OR HIGHWAY. (H) AT ANY PLACE WHERE OFFICIAL SIGNS PROHIBIT STOPPING STANDING. OR PARKING. {Ij 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 O~CLOCK {$:~~~ AM TO FpUR OIGIOCK {4:00) PM ON DAYS WHEN SCHOOL IS IN SESSION. (K) ON ANY STREET OR ROADWAY BETWEEN THE HOURS OF TWO O~CLOCK {2:00) AM AND 51X pICLpGK (6:00) AM OF ANY DAY, EXCEPT PHYSICIANS ON EMERGENCY CALLS. • {L) ON ANY CITY STREET FOR MORE THAN 72 CONSECUTIVE MOURS. 9-I-3 9-I-6 9-I-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 Tp MOVE SUCH YEHIGLE, PROVIpE FOR THE REMOVAL OF SUCH VEHICLE AND THE IMPOUNDING OF THE SAMEi OR REQUIRE THE DRIVER OR OTHER PERSON IN CHARGE OF THE VEHICLE TO MOVE THE SAME. ANY SUCH REMOVAL ANO~OR IMPOUNpING OF THE SAID VEHICLE SHALL BE AT THE EXPENSE OF THE OWNER. 9-I-~: OWNER: FOR THE PURPOSES OF THIS SECTION, THE TERM ~~OWNER~~ SHALL MEAN THE PERSONS FIRM, OR CORPORATION WHO HOLG6 LEGAL TITLE ON THE OATS 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 SHAH 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 VEHICLES BUT NOTHING HEREIN CON- TAINED SHALL EXCWDE OR PROHIBIT THE INTRODUCTION OF OTHER EVIDENCE BEARING ON THE ISSUE OF OWNERSHIP. 9-I-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 SAIp BITUMINOUS TREATED STREETS OR PARKING LOTS IN SAID CITY AND WHOEVER DRIVES SUCH A VEHICLE UPON SAIp STREETS WHEREBY SAID STREETS OR PARKING LOTS SHALL BE pAMAGED 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 SA10 STREETS OR PARKING LOTS HAVING AN AXLE WEIRFR LOAD 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 MONTIGELLO~ 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. FURTHERS 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 ApHERE TO THE PRO- VISIONS OF PARAGRAPH q-i-5 (e). {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 PVNISHED OF A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS (100.00) AND COST OF PROSECUTION, OR IN pEFAULT OF PAYMENT OF SUCH FINE, SHALL BE IMPRISONED UNTIL THE FINE IS PAtp, NOT HOWEVER TO EXCEED THIRTY {30) DAYS. 9-I-6: STREET NAMES: STREET NAMES HAVE BEEN ADOPTED ACCORDING TO T.HE OFFICIAL CITY MAP ON FILE AT CITY HALL. (12-27-76 #26.) 9-I-7: UNREASONABLE ACCELERATION & ERRATIC DRIVING: {A) UNREASONABLE ACCELERATION BY ANY MOTOR VEHICLE UPON ANY PUBLIC MIGNWAY, 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 WHICN UNNECESSARILY BREAKS TRACTION BETWEEN A TIRE OR TIRES ANO THE DRIVING SURFACE, THEREBY CAUSING SQUEALING OR SCREECHING SOUND BY THE TIRE OR TIRES OR THE UNNECESSARY THROWING pF SANp OR GRAVEL 8Y THE TIRE OR TIRES OR BOTH. {B) ERRATIC DRIVING - NO PERSON SHALL DRIVE A VEHICLE ON A PUBLIC HIGHWAY, STREET, PARKING LOTS 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 SQ INTERFERE WITH OTHER TRAFFIC IN THE AREA. (IO-IO-77 #4Z)