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HomeMy WebLinkAbout0541 ORDINANCE NO. 541 CITY. OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 6 OF THE LA,KEVILLE CITY CODE CONCERNING SNOWMOBILES THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION. 1. Title 6, Chapter 3 of the Lakeville City Code is :amended in its entirety to read: 6-3-1: DEFINITIONS: The following terms as used in this Section shall have the meanings stated. PERSON: Includes an individual, partnership, corporation, the state and its agencies and subdivisions, and .any body of persons, whether incorporated or not. SNOWMOBILE: Aself-.propelled .vehicle designed for travel on snow or ice steered by skis or runners. OWNER: A person, other than a lien holder, having the property in or title to a snowmobile entitled to the use or possession thereof. OPERATE: To ride in or on and control the operation of a snowmobile. OPERATOR: Every person who operates or is in actual physical control of a snowmobile. ROADWAY: That portion of a street.. or highway improved, designed, or ordinarily used for. vehicular travel including the shoulder. RIGHT-OF-WAY: The entire. strip of land traversed by a street or highway in which the public owns the fee or an easement for roadway purposes. 19817 r 12/ 12/94 STREET OR HIGHWAY: The entire width between boundary lines or any way. or place when any part thereof is open to the use of the public, as a .matter of right, for the purpose of vehicular traffic. SAFETY OR DEAD- MAN THROTTLE: A device which, when pressure is removed from the engine accelerator or throttle,: causes the motor to be disengaged from the driving track. 6-3-2: OPERATION ON STREETS AND HIGHWAYS: A. It is a misdemeanor for any person to operate a snowmobile within the right-of- way of any trunk, County State-aid, County highway, or other street or roadway within the City of Lakeville, except as hereinafter permitted. B. No person shall operate. a snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county state aid, or county highway in this state and, in the case of a divided trunk or county highway, on the right-of--way between .the opposing lanes of traffic, except as provided in this Chapter. No snowmobile shall be operated at any time within the right of way of any interstate highway or freeway within the City. C. No person shall operate a snowmobile on the portion of any right of way of any street that is not an interstate, trunk, County State-aid or County highway, except in single file, on the most right-hand lane when available for traffic or as close as practical to the right-hand curb or edge of the roadway, except when passing another vehicle stopped in that lane. D. A snowmobile may make a direct crossing of a street or highway at any hour of the day: l . the crossing. is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and 2. the snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and 3. the operator yields the right-of-way to all oncoming traffic and pedestrians which constitute an immediate hazard; and 19817 r12l12/94 2 4. in .crossing a divided highway, the crossing. is made only at an intersection of such highway with another public street or highway; and 5. if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced. visibility, only if both .front and rear lights are on; and 6. a snowmobile .may be operated upon a bridge, other than a bridge that is part. of the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within 100 feet of the bridge and the crossing is made without undue delay. E. Notwithstanding any prohibition in this Chapter, a snowmobile may be operated. on a public thoroughfare in an emergency during. the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. F. No snowmobile shall be operated on streets or highways at a speed exceeding ten (10) miles per hour. G. Nothing in this Section or Minnesota Chapter 169 shall prohibit the use of snowmobiles within the right-of--way of any public thoroughfare or upon public lands or waters under the jurisdiction of the Commissioner of Natural Resources, in any organized contest, subject to the issuance of a permit by the City Council. 6-3-3: OPERATION GENERALLY: Except as otherwise specifically permitted and authorized, it is a misdemeanor for any person to operate a snowmobile within the limits of the City: A. On a public sidewalk or pedestrian trail. B. On a public bike path, unless it is posted with signs authorizing the use of snowmobiles. C. On property not owned by the person, except where otherwise allowed by law, without .the written or oral permission of the owner, occupant, or lessee of such lands. .Written permission may be given by a posted. notice of any kind or description that the owner,. occupant, or lessee prefers, so long as it specifies the kind of vehicles allowed such as by saying "Snowmobiles Allowed," or other words substantially similar. 19817 r12/12/94 D. At a rate of speed greater than reasonable or proper under all the surrounding circumstances.. Racing is prohibited unless specifically authorized as a part of an organized event by permit issued by the City. E. At any place in a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. F. Without a lighted head and tail light when required for safety. G. In any tree nursery or planting in a manner which damages or destroys growing stock. H. To tow. any person or thing on a public street or highway except through the use of a rigid tow bar attached to the rest of the. snowmobile. I. At a speed greater than ten (10) miles an hour when within one hundred (100) feet of any Lakeshore, person, ice houses or skating rinks; nor shall operation be permitted within one hundred .(100) feet of any sliding area nor where the operation would conflict with the lawful use of property or would endanger other persons or property. J. In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. K. During the hours from. 11:00 o'clock P.M. to 7:00 o'clock A.M. of any day within the MUSA boundaries, except as a means of transportation to the residence of the operator and then at a reduced speed. 6-3-4: EQUIPMENT: It is a misdemeanor for any person to operate a snowmobile. any place within the City unless it is equipped with the following: A. Standard muffler which is in good working order which blends the exhaust noise into the overall snowmobile noise and is in constant operation to prevent excessive or unusual noise. No person shall use a muffler cutout, by-pass, straight pipe or similar device on the snowmobile motor; and the exhaust system shall not emit or produce a sharp popping or crackling sound.. This requirement shall not apply in the case of an organized race or similar competitive event as provided under Minnesota Statutes, 1992 and. Supplement 1993, Section 84.871. B. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. 19817 r12/12/94 4 t C. At least one (1) head lamp having a minimum candlepower of sufficient intensity to reveal persons and .vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions.. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. At least one (1) 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 hours of darkness under normal atmospheric conditions. The light must be turned on and operating when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise, at times of reduced visibility, or when operated on any roadway. D. Reflective. material of a minimum area of at least 16 square inches mounted on each side forward of the handle bars so as to reflect or beam light at a ninety (90) degree angle.. E. A safety or so-called "deadman" throttle in operating .condition so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. F. Any sled, trailer, or other device being towed by a snowmobile during the hours of darkness under normal atmospheric .conditions .must be equipped with unobstructed and visible reflective materials mounted on-each side and at the rear of the sled, trailer, or device which has at least the minimum intensity values set forth in Minnesota Rules 6100.5700 Subpart 2, item B. 6-3-5: OPERATION BY A MINOR: A. It is unlawful for any person under 14 years of age to operate on streets, or highways or make a direct crossing of a street or highway within the City as the operator of a snowmobile. B. A person. 14 years or older but less. than. 18 years of age may operate a snowmobile on streets, or highways as permitted under this Chapter and make a direct crossing of a street or highway only if said operator has in .immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources or a valid motor vehicle operator's license issued by the Commissioner of Public Safety or the drivers license authority of another state. C. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this Chapter. 19817 r12/T2/94 5 6-3-6: SIGNAL FROM OFFICER TO STOP: It is unlawful for any person to operate a snowmobile in the City of Lakeville after having received a visual or audible signal from any law enforcement officer to come to a stop, to: A. operate a snowmobile in willful or wanton disregard of such signal,. or B. interfere with or endanger the law enforcement officer or any .other. person or vehicle,. or C. increase speed or attempt to flee or elude the officer. 6-3-7: LEAVING SNOWMOBILE UNATTENDED: ,Every person leaving a snowmobile in a public place shall lock the ignition and remove the key and take the. same with them. 6 3-8: CHASING ANIMALS FORBIDDEN: It is a misdemeanor to intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile. 6-3-9: OPERATION OF SNOWMOBILES WHILE UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE: It is unlawful for any .person to operate or to be in physical control of any snowmobile in the City while under the influence of alcohol or a controlled substance or under the influence of a combination of a alcohol and a controlled substance. The definitional and regulatory provisions of Minnesota Statutes, 1992 and Supplement 1993, Sections .84.91 and 84.911 are hereby incorporated herein and adopted by reference, including the. penalty. provisions thereof. 6-3-10: EXEMPTIONS: Licensed peace officers shall be exempt from" the restrictions of this Chapter while operating a snowmobile. in the proper performance of their duties. 6-3-11: APPLICATION OF OTHER LAWS: A. City Code provisions relating to vehicular traffic shall. apply to .the operation of snowmobiles upon street and highways; and Minnesota Statutes 1992 and Supplement 1993, Sections 84.81 through 84.49, and Minnesota Statutes 1992 and Supplement 1993, Chapter 1.69 are hereby adopted by reference except those provisions which by their nature have no application. B. The City Council may by resolution prohibit the operation of snowmobiles within the right-of--way of the public roads or streets or other areas within the City, when in the opinion of the City Council the public safety and welfare so require.. 19817 r12/12/94 6 , SECTION 2. This ordinance shall be effective immediately upon its passage and publication.. _ _ _ . ADOPI~D this 19th day of December. , 1994, by the City Council of the City of Lakeville. CITY OF LAKEVII.LE BY: ane R. Zaun, ~ a or ATTEST: - ~a, Charlene ried ,City Clerk 19817 r12/12/94 7 LA] Cit 6-3- P] lJ se t1UIlS 1.)1 111IIUGl SAI LCII 1..ictSbc.b ut.41 I[ft school year began. • South Suburban Medical Center revealed their plans for South Suburban Terrace, a congregate care facility. This will be a Senior Citizen's housing unit, which will offer meals drive was to distribut this season, and that a • Enrollment figure continued RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space: $11.00 per column inch. (2) Maximum rate allowed by law for the above matter: $11.00 per column inch. (3) Rate actually charged for the above matter: $6.20 per column inch. AFFIDAVIT OF PUBLICATION Richard M. Sherman , being duly sworn, on oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as Lakeville Life & Times, and has full know- ledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting quali- fications as a qualified newspaper, as pro- vided by Minnesota Statute 331A.02, 331A.07. and other applicable laws, as amended. (B) The printed City of Lakeville ord. 541 which is attached was cut from the col- umns of said newspaper, and was printed and published once on Monday, the 26th day of December , 1994; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY: TITLE: Publisher Subscribed and sworn to before me on this 27th day of December , 1994. 1 .4'24; otary Public BARBARA J. GROSBERG NOTARY PUBLIC - MINNESOTA SCOTT COUNTY r