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HomeMy WebLinkAboutOrdinance 900 - Golf Carts, Neighborhoods Friendly Vehicles, ATVs, and Snowmobiles CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES ORDINANCE 900 GOLF CARTS, NEIGHBORHOOD FRIENDLY VEHICLES, ALL TERRAIN VEHICLES (ATVs) AND SNOWMOBILES .................................................... 900-1 Section 900.01: PURPOSE ......................................................................................... 900-1 Section 900.02: DEFINITIONS .................................................................................. 900-1 Section 900.03: PERMIT ............................................................................................ 900-2 Section 900.04: GENERAL PROVISIONS ................................................................ 900-3 Section 900.05: DRIVING, OPERATING OR CONTROLLING OF A MOTORIZED GOLF CART/NEIGHBORHOOD FRIENDLY VEHICLE ......................................... 900-4 Section 900.06: UNLAWFUL ACTS OF MOTORIZED GOLF CART/NEIGHBORHOOD FRIENDLY VEHICLE OPERATION ......................................................................... 900-5 Section 900.07: DRIVING, OPERATING, OR CONTROL OF ATVs……………….900-5 Section 900.08: OPERATING OF ATVs ON PUBLIC PROPERTY AND PARKS…900-6 Section 900.09: DRIVING, OPERATING, OR CONTROL OF SNOWMOBILES….900-7 Section 900.10: PENALTIES………………………………………………………..…900-9 900-0 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES ORDINANCE 900 GOLF CARTS, NEIGHBORHOOD FRIENDLY VEHICLES, ALL TERRAIN VEHICLES (ATVs) AND SNOWMOBILES. Section 900.01: 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 900.02: DEFINITIONS. For purposes of this Ordinance, the following terms have these definitions: Subd. 1: ATV. 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. 900-1 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES 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 ATV and entitled to the use and possession of the vehicle. Section 900.03: 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 may 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. 900-2 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES (c)The applicant has not had his/her driver’s license suspended, revoked or cancelled as a result of criminal proceedings. Section 900.04. 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 the posted speed limit. (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. 900-3 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES (f)Public Property – on any other public property including Parks and Recreational areas, except as the City Code may specifically permit. (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 900.05. 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 unless the original vehicle equipment included headlights and taillights. (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 golf 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. 900-4 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES Section 900.06. UNLAWFUL ACTS OF MOTORIZED GOLF CART / NEIGHBORHOOD FRIENDLY VEHICLE OPERATION. No motorized golf cart or neighborhood friendly vehicle shall be driven, 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 900.7: 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 ATVs 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. ATVs 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. ATVs 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 900-5 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES ATVs operated within the City shall be done so with their headlight and taillight on and properly operating. Subd. 6: Streets. All persons operating an ATV 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. ATVs 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 ATVs 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 ATVs, 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 900.08: OPERATION OF ATVS ON PUBLIC PROPERTY AND PARKS. It shall be unlawful to operate ATVs on any City property or within City parks, except as provided herein: Subd. 1: ATVs may be operated on City streets and alleys as provided in Section 900.04. 900-6 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES Subd. 2: ATVs may be operated in specially designated areas on City property or within City parks, subject to the following conditions: a) The area of operation must clearly be designated by posted signs as an area where ATVs are allowed. The use of the ATV 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. 900.09: 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. 900-7 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES (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: 900-8 CHAPTER VIII & IX – TRAFFIC & MOTOR VEHICLES (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 900.10: 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. 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