HomeMy WebLinkAbout[09b] Golf Cart Ordinance
9(b)
Council Agenda Item
MEETING DATE: August 1, 2013
AGENDA ITEM: Golf Cart Ordinance
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: The Council reviewed a draft Recreational Vehicle Ordinance at the July
18 Council meeting and requested clarification on the policy of Stearns County regarding the use of golf
carts.
BACKGROUND INFORMATION: In discussing the matter with Jodi Teich she stated that the County
does not allow golf carts on County Roads and she is unaware of any provision that provides relief in
Melrose. She further stated that the County could not make an exception for one community as they
would have to create an Ordinance, similar to what St. Joseph did. She would not recommend allowing
such as County Roads typically have more traffic and the different types of vehicles are not always
compatible.
The County Board has an open to the public portion on their agenda where someone could ask the
Commissioners to consider creating such an Ordinance. If the County does so, it would be easy to
amend the St. Joseph Ordinance as very few sections would change. Without an Ordinance Golf Carts
are not permitted on City Streets, with the Ordinance they can at least ride on City Streets until a time
when/if the County creates a mechanism.
A question arose as to what “jurisdiction” meant. This matter was referred to Tom Jovanovich for
clarification. He stated that the County controls the speed limit, the maintenance (when/what) is
completed, and access; therefore it is under their jurisdiction, no different than CR 75. Even though the
City has a maintenance agreement, it is still under the jurisdiction and control of Stearns County.
ATTACHMENTS: Request for Council Action
Golf Cart Ordinance
REQUESTED COUNCIL ACTION: Provide direction to staff
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CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES
GOLF CARTS, NEIGHBORHOOD FRIENDLY VEHICLES, ALL TERRAIN
VEHICLES AND SNOWMOBILES.
Section 90.01: PURPOSE.
Subd. 1. The purpose of this Ordinance is to provide for reasonable regulations for the
use of special and recreational motor vehicles on public and, in conformance with private
property.
Subd. 2. This Ordinance is not intended to allow what the Minnesota Statutes prohibit or
to prohibit what the Minnesota Statutes expressly allow.
Subd. 3. This Ordinance adopts the regulatory provisions of Minnesota Statutes, Section
84.81 to 84.929, 169.974, 169.223, 171.01 and 171.02 as amended from time to time.
Subd. 4. The provisions of this Ordinance are intended to ensure the public safety and
prevent a public nuisance.
Section 90.02: DEFINITIONS. For purposes of this Ordinance, the following terms
have these definitions:
Subd. 1: All Terrain Vehicle. All terrain vehicle or "ATV" means a motorized flotation
tired vehicle of not less than three low pressure tires, but not more than six tires, that is limited in
engine displacement of less than 800 cubic centimeters and total dry weight less than 600
pounds.
Subd. 2. Commissioner shall mean the Commissioner of Natural Resources.
Subd. 3. Designated Roadways shall mean streets and avenues under the jurisdiction of
the City of St. Joseph not specifically excluded in this section. It does not include federal,
Minnesota or County highways or roads.
Subd. 4. Driver. The person driving and having physical control over the motorized golf
cart, all-terrain vehicle or snowmobile and being the licensee.
Subd. 5: Medium Speed Electric Vehicle means any electrically powered four-wheeled
motor vehicle, equipped with a roll cage or crushproof body design that can attain a maximum
speed of 35 miles per hour on a paved level surface, is fully enclosed and has at least one door
for entry, has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater,
and except with respect to maximum speed, otherwise meets or exceeds regulations in the Code
of Federal Regulations, title 49, section 571.500, and successor requirements.
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Subd. 6: Motorized Golf Cart: Any passenger conveyance being driven with three or
four wheels with three or four low pressure tires that is limited in engine displacement of less
than 800 cubic centimeters and total dry weight less than 800 pounds.
Subd. 7. Neighborhood Electric Vehicle means an electrically powered motor vehicle
that has four wheels, and has a speed attainable in one mile of at least 20 miles per hour, but not
more than 25 miles per hour on a paved level surface.
Subd. 8: Owner. Owner means a person, other than a person with a security interest,
having a property interest in or title to an all terrain vehicle and entitled to the use and possession
of the vehicle.
Section 90.03: PERMIT. No person shall operate a motorized golf cart, neighborhood
electric vehicle on streets, alleys, sidewalks or other public property without obtaining a permit
as provided herein.
Subd. 1. Every applicant for a permit shall be made on a form supplied by the City of St.
Joseph and shall contain all of the following information:
(a)The name and address of the applicant
(b)Model name, make and year and number of the motorized golf cart, all-terrain
vehicle or neighborhood electric vehicle.
(c)Current driver’s license or reason for not having a current license.
(d)Proof of insurance
(e)Other information as the city may require.
Subd. 2. The annual permit fee shall be as set forth in Appendix A of the St. Joseph Code
of Ordinances, which may be amended from time to time.
Subd. 3. Permits shall be granted for a period of one year and my renewed annually
January 1 to December 31.
Subd. 4. No permit shall be granted or renewed unless the following conditions are met:
(a)The applicant may be required to submit a certificate signed by a physician, that
the applicant is able to safely operate a motorized golf cart or all-terrain vehicle
on the roadways designated.
(b)The applicant must provide evidence of insurance in compliance with the
provisions of Minnesota Statutes concerning insurance coverage for golf cart,
neighborhood friendly vehicle or all-terrain vehicle.
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(c)The applicant has not had his/her driver’s license suspended, revoked or cancelled
as a result of criminal proceedings.
Section 90.04. GENERAL PROVISIONS.
Subd. 1. Traffic Laws. Snowmobiles, golf carts, neighborhood electric cars and ATV’s
shall yield to all other vehicles and traffic including pedestrians at all intersections and shall
abide by all signs governing the operation of motor vehicles within the limits of the City of St.
Joseph.
Subd. 2. Private Property. It is unlawful to operate an ATV on private property without
the permission or consent of the owner or occupant.
Subd. 3. Operation by Minors.
(a)It is a misdemeanor for any person under the age of fourteen years to operate a
snowmobile, neighborhood friendly electric car, or ATV or vehicle or means of
transportation not licensed for Minnesota streets and highways on streets or other
public property.
(b)A person fourteen years or older, but less than eighteen years of age, may operate
a snowmobile, golf cart, neighborhood friendly vehicle or ATV or other vehicle
or means of transportation not licensed for Minnesota Streets and highways on the
streets of the City of St. Joseph only if he/she has in his/her immediate possession
a valid driver license, permit or certificate for the operation of said snowmobile,
golf cart, neighborhood friendly vehicle or ATV or other vehicle or means of
transportation.
Subd. 4. Operation on Roadways and Public Rights of Way. Snowmobiles, golf carts,
neighborhood friendly vehicles or ATVs or other vehicle or means of transportation only as
herein specified. It is unlawful to operate a snowmobile, golf cart, neighborhood friendly
vehicle or ATV or other vehicle or means of transportation upon roadways or public lands as
follows:
(a)At a speed in excess of fifteen (15) miles per hours.
(b)Other than single file on a roadway
(c)Carelessly or Recklessly
(d)On a public sidewalk provided for pedestrian travel.
(e)On boulevards within any public right of way.
(f)Public Property – on any other public property including Parks and Recreational
areas, except as the City Code may specifically permit.
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(g)Alcohol and Drugs. No person shall operate a snowmobile, golf cart,
neighborhood friendly vehicle or ATV or other vehicle or means of transportation
within the City limits at any place while under the influence of alcohol or drugs,
as defined by Minnesota Statute §169A.20, which is incorporated by reference.
Section 90.05. DRIVING, OPERATING OR CONTROLLING OF A MOTORIZED
GOLF CART/NEIGHBORHOOD FRIENDLEY VEHICLE. A motorized golf cart or
neighborhood friendly vehicle may be driven, operated or controlled on the roadways or
shoulders of roadways under the jurisdiction of the City of St. Joseph, but not those under the
jurisdiction of Stearns County or the State of Minnesota and except such roadways prohibited by
resolution of the City Council and only in strict compliance with this section.
(a)Motorized Golf Carts / Neighborhood Friendly Vehicles may only be operated
between sunrise and sunset.
(b)Motorized Golf Carts / Neighborhood Friendly Vehicles shall display the slow-
moving vehicle emblem provided for in Minnesota Statute §169.045, as it may be
amended from time to time.
(c)Motorized Golf Carts / Neighborhood Friendly Vehicles shall be equipped with a
rear view mirror to provide the driver with adequate vision from behind as
required by Minnesota Statute §169.70.
(d)The driver of a motorized golf cart / neighborhood friendly vehicle may cross any
street or highway intersecting a designated roadway.
(e)Every person operating a motorized golf cart or neighborhood friendly vehicle
under permit on designated roadways has all the rights and duties applicable to
the driver of any other vehicle under the provision of Minnesota Statute Chapter
169, as it may be amended from time to time, except when these provisions
cannot reasonably be applied to motorized golf carts or neighborhood friendly
vehicles and except as otherwise specifically provided in Minnesota Statutes
§169.045 (7), as it may be amended from time to time.
(f)The City Council may suspend or revoke a permit granted hereunder upon a
finding that the holder thereof 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 motorized
goldgolf cart or neighborhood friendly vehicle on the designated roadways.
(g)The number of occupants on the golf cart, or neighborhood friendly vehicle may
not exceed the design occupant load.
Section 90.06. UNLAWFUL ACTS OF MOTORIZED GOLF CART /
NEIGHBORHOOD FRIENDLY VEHICLE OPERATION. No motorized golf cart or
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neighborhood friendly vehicle shall be driverdriven, operated, or controlled on the roadways or
shoulders of roadways under the jurisdiction of the City of St. Joseph under the following
circumstances:
(a)Between sunset and sunrise unless the original equipment includes headlights and
taillights.
(b)In inclement weather, when visibility is reduced or impaired by weather, smoke,
fog, or other conditions or at any time when there is insufficient light clearly to
see a person or vehicle on a roadway at a distance of 500 feet.
(c)Without a prominent display of a slow moving vehicle emblem as provided in
Minnesota Statute §169.522.
(d)Contrary to any provision of this City Code, County, State, and Federal Law
Section 90.7: DRIVING, OPERATING, OR CONTROL OF ATVS. ATVs may be
driven, operated or controlled on the roadways or shoulders of roadways under the jurisdiction of
the City of St. Joseph, but not those under the jurisdiction of Stearns County or the State of
Minnesota and except such roadways prohibited by resolution of the City Council and only in
strict compliance with this section.
Subd. 1: Hours of Operation. No all terrain vehicles shall be operated within the City
limits of the City of St. Joseph during the following hours: Between the hours of 8:00 p.m. and
8:00 a.m.
Subd. 2: Mufflers. All terrain vehicles operated within the City shall be equipped with
properly working mufflers of the type and kind installed by the manufacturer, or a muffler which
is equivalent to that of the manufacturer in reducing engine noises.
Subd. 3: Operation on Private Property. All terrain vehicles shall not be operated on
privately owned property within the City unless the operator of the ATV is the owner of the
property, or has the express permission of the owner to so operate.
Subd. 4: Operation on Sidewalks. No ATV shall be operated on a public or private
sidewalk located within the City, except for the purpose of making direct crossing of the
sidewalk. A direct crossing of a sidewalk shall be made at an angle of approximately 90 degrees
to the sidewalk, and the operator shall bring the ATV to a complete stop before crossing the
sidewalk and yield to any pedestrian or bicycle traffic on the sidewalk.
Subd. 5: Equipment. All ATVs operated within the City must be equipped with a
headlight, taillight, side reflectors and brakes meeting the requirements of Minn. Stat. §84.928
and the rules and regulations of the commissioner promulgated pursuant to the statute. Any
ATVs operated within the City shall be done so with their headlight and taillight on and properly
operating.
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Subd. 6: Streets. All persons operating an all terrain vehicle on any streets or roadways
located within the City shall have a valid driver's license of the State of Minnesota or another
state where the operator's driving privileges are recognized by the State of Minnesota. This
provision is subject to the following exceptions:
a) Operators 16 years of age or older may make a direct crossing of a street or
roadway as described in paragraph c) of this subdivision.
b) Persons over the age of 12 may make a direct crossing of a street or roadway as
described in paragraph c of this subdivision, if the operator possesses a valid
safety certificate issued by the commissioner or is accompanied by a person 18
years of age or older who possesses a valid Minnesota driver's license.
c) A direct crossing of a street or roadway shall be made at an angle of
approximately 90 degrees to the street or roadway after the operator of the ATV
has brought the vehicle to a complete stop. Direct crossings shall be made in an
area where the traffic traveling on the street or highway has an unobstructed view
of the ATV operator. The ATV operator shall yield to all vehicles on the street or
highway before crossing.
Subd. 7: Alleys. All terrain vehicles may be operated in public alleys within the City if
the operator is 16 years of age or older or if the operator is 12 years of age or older and in
possession of a valid safety certificate issued by the commissioner. The maximum speed that all
terrain vehicles may be operated in a City alley is ten (10) m.p.h.
Operation within a public alley shall be limited to purposes of ingress and egress to and
from private property abutting the alley. Operators shall not drive an ATV back and forth in an
alley, nor use the alley for recreational driving purposes.
Subd. 8: Applicability of Motor Vehicle Laws. All ordinances enacted by the City of St.
Joseph regulating the use and operation of motor vehicles shall apply equally to the operation of
all terrain vehicles, unless those other ordinances are directly contrary to the provisions of this
Ordinance.
Subd. 9: Speed Limit on Streets. It is unlawful to operate an ATV on a street or public
roadway within the City at a speed greater than fifteen (15) miles per hour.
Section 90.8: OPERATION OF ATVS ON PUBLIC PROPERTY AND PARKS. It
shall be unlawful to operate all terrain vehicles on any City property or within City parks, except
as provided herein:
Subd. 1: All terrain vehicles may be operated on City streets and alleys as provided in
Section 90.04.
Subd. 2: All terrain vehicles may be operated in specially designated areas on City
property or within City parks, subject to the following conditions:
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a) The area of operation must clearly be designated by posted signs as an area where
all terrain vehicles are allowed. The use of the all terrain vehicle is limited to the
designated area and any paths designated for purposes of ingress and egress to the
designated operation area.
b) Persons operating in designating park areas must be 16 years of age or older, or
must be 12 years of age or older, and in possession of a valid safety certificate
issued by the commissioner, or must be 12 years of age and older and
accompanied by a parent or guardian.
c) All operators and passengers under the age of 18 must wear a helmet of a type
approved for use by the Commissioner of Public Safety
d) Operators must drive at a reduced speed and maintain a safe distance when
approaching any pedestrians located within the park areas.
e) Persons operating or riding on ATV's on City property do so at their own risk.
The City assumes no liability for the condition of the property or the conduct of
others.
Subd. 3. Equipment. It is unlawful to operate an ATV unless it is equipped with the
following:
(a)At lead one head light and one tail light, each of minimum candle powers
prescribed by rules of the Commissioner of Conservation.
(b)Headlights and tail lights lighted at all times.
(c)Must be equipped with brakes, throttle, mufflers that may not exceed 99 decibels
at a distance of twenty (20) feet and lights that must be on at all times.
90.09 DRIVING, OPERATING, OR CONTROL OF SNOWMOBILES. Except as
herein specifically permitted it is unlawful to operate a snowmobile within the corporate limits.
Subd. 1. Public Rights of Way:
(a)Extreme Right Hand Side: On the portion of any right of way of nay public
roadway, street or thoroughfare, except the most right hand side, in the same
direction as the traffic of the adjacent lane to the operator’s left; other than on
freeways, interstates, trunk, County State aid or County highways.
(b)Outside Slope of Borrow Pit: Snowmobiles may also be operated on the outside
slope or bottom of a ditch of a trunk, County State aid or County highway where
such highway may be configured within the City limits.
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(c)Bridges: Snowmobiles may be operated, as stated in this Section, on bridges
designed for motor traffic.
Subd. 2. Speed: At a rate greater than reasonable or proper given all surrounding
circumstances; and when operated on roadways, not in excess of the posted speed limit.
Subd. 3. Hours of Operation. During the hours of nine-thirty (9:30) P.M. and seven
(7:00) o’clock A.M. of any day, closer than one hundred (100) feet to any dwelling which is
usually occupied by one or more persons, except while returning home by direct route.
Subd. 4. Towing. To tow any person or thing on a public street or highway, except if
attached by a rigid frame hitch and no more than thirty six inches (36”) shall be between the
towed object and the snowmobile.
Subd. 5. Emergencies. Notwithstanding the prohibitions contained in this Section, a
snowmobile may be operated on a public street or thoroughfare in an emergency which renders
travel by an automobile impractical.
Subd. 6. Special Events or Circumstances. The City Council or Police Chief may
designate specific areas or trails on public property for special events or circumstances which
allow the operation of snowmobiles.
Subd. 7. State Traffic Code. All provisions of Minnesota States chapter 169 shall apply
to the operation of snowmobiles upon roadways, streets and thoroughfares, except for those
relating to required equipment and those which by their nature have no application.
Subd. 8. Crossing Roadways, Streets and Thorough-Fares: A snowmobile may make a
direct crossing of a roadway, street or thoroughfare, provided:
(a)Right Angle: The crossing is made at a right angle of approximately ninety
degrees (90) to the direction of the thoroughfare and at a place where no
obstruction prevents a quick and safe crossing;
(b)Complete Stop Required. The snowmobile is brought to a complete stop before
crossing the main traveled portion of the thoroughfare;
(c)Yield of Right of Way: The operator yields the right of way to all traffic which
constitutes an immediate hazard; and
(d)Divided Roadway Intersection: In crossing a divided roadway, all such crossings
are made only at an intersection of such highway with another public street or
highway.
Subd. 9. Equipment – It is unlawful to operate a snowmobile unless it is equipped with
the following:
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(a)Standard mufflers which are property attached and which 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 snowmobile
motor.
(b)Brakes adequate to control the movement of and to stop and hold the snowmobile
under any condition of operation.
(c)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 throttle, causes the motor to be disengaged from the driving
track.
(d)When operated between the hours of one-half hour after sunset and one-half hour
before sunrise, or at times of reduced visibility, at least one clear headlamp
attached to the front, with sufficient intensity to reveal persons and vehicles at a
distance of at least one hundred feet 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 operator. It shall
also be equipped with at least one red taillight having a minimum candlepower of
sufficient intensity to exhibit a red light plainly visible from a distance of five
hundred feet to the rear during hours of darkness under normal atmospheric
conditions. The headlamp and taillight must be functioning anytime the
snowmobile is being operating.
(e)A pennant flag of red or blaze material, of a size not less than twelve inches by
nine inches, at a height of not less than six feet from the ground level at any time
when the vehicle is operated on public streets.
(f)Running lights or reflective material at least sixteen square inches on each side,
forward of the handlebars so as to reflect or bean light at a ninety-degree angle.
Subd. 10. Prohibitions. It is unlawful for any person to leave a snowmobile in a public
place without locking the ignition, removing the key, and taking the key away from the
snowmobile. No person may intentionally drive, chase, run over or kill any animal with a
snowmobile.
Section 90.10: PENALTIES. The City of St. Joseph has the right to revoke riding
privileges of any individual on a snowmobile, golf cart, neighborhood friendly vehicle or ATV
or other vehicle or means of transportation within the City limits, as needed, by discretion of the
Chief of Police, based on number of complaints received, and/or violations. Any violation of the
statutes adopted by reference in this section is a violation of this ordinance when it occurs within
the City of St. Joseph. Any person violating any provision of this ordinance shall be guilty of a
misdemeanor and shall be punished by a fine not to exceed one thousand ($1,000.00) or
imprisonment for not more than ninety (90) days, or both, plus the cost of prosecution in either
case.
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