City of Howard Lake Snowmobiles and All-Terrain Vehicles Amendment

AN ORDINANCE

Regulating the Operation of Snowmobiles and All-Terrain Vehicles Within the City of Howard Lake

CHAPTER 12.06

The City Council of Howard Lake, Minnesota ordains:

That the City Code is amended by amending Chapter 12.06 to read as follows:

Section 1. Definitions. For the purpose of this chapter, the terms defined herein shall have the following meaning ascribed to them.

"Snowmobile" means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners.

"All-Terrain Vehicle" 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.

"Operate" means to ride in or on and control the operation of a snowmobile or all-terrain vehicle.

"Operator" means a person who operates, or is in actual physical control of, a snowmobile or all-terrain vehicle.

"Roadway" means that portion of a road, street, alley or highway which is improved, designed or ordinarily used for vehicular traffic.

"Owner" means the registered owner or the actual owner of a snowmobile or all-terrain vehicle.

Section 2. Operation within the City of Howard Lake. It is unlawful to operate a snowmobile or all-terrain vehicle within the corporate limits of the City of Howard Lake, except as specifically allowed by Section 3 of this Chapter.

Section 3. Allowed Operation within the City of Howard Lake. The following operation of a snowmobile or all-terrain vehicle is allowed within the corporate limits of the City of Howard Lake:

a) Operation on Streets, Roadways, Etc. No person shall operate a snowmobile or all-terrain vehicle upon any street, roadway or alley within the City of Howard Lake, except between the hours of 8:00 A.M. and 10:30 P.M. to drive from the owner's residence or place where such snowmobile or all-terrain vehicle is stored to the nearest city limits or to the nearest area authorized for the operation of snowmobiles or all-terrain vehicles by the shortest and most direct route, or returning to the owner's place of residence or place where such snowmobile or all-terrain vehicle is stored by the shortest and most direct route. Persons may operate a snowmobile or all-terrain vehicle after 10:30 P.M. only by special permit granted by the Chief of Police for special events. Subject to all of the other provisions of this ordinance it shall be lawful to operate a snowmobile or all-terrain vehicle in the area North of U.S. Highway 12 and East of Wright County Road No. 6 solely for the purpose of allowing a snowmobile operator or all-terrain vehicle operator to reach community businesses during normal business hours.

It shall be unlawful at any time to operate a snowmobile or all-terrain vehicle on the boulevards, sidewalks, driveways or shoulders or other areas of the dedicated but unimproved portion of the public right of way, exept to drive to and from the owner's residence or place where such snowmobile or all-terrain vehicle is stored to the nearest public street.

b) Operation in Parks, Public Grounds, Etc. No person shall operate a snowmobile or all-terrain vehicle in any public park or in other public grounds owned by the city within the territorial limits of the city. The City Council having direct supervision and control over any public park or public grounds may, by written resolution duly adopted, authorize the operation of snowmobiles or all-terrain vehicles in a specified area or areas of any public park or public grounds in accordance with rules and regulations set forth in such written resolution. No authorization to operate snowmobiles or all-terrain vehicles in any public park or public grounds shall be effective until posted in the area authorized for such operation. No person shall operate a snowmobile or all-terrain vehicle in any public park or in any other public grounds owned by the city or under the control of its City Council between the hours of 10:00 P.M. and 8:00 A.M.

Section 4. Rules for Operation Generally. It shall be unlawful for any person to drive or operate any snowmobile or allterrain vehicle in the city in the following unsafe or harassing ways:

Subdivision 1. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Operation of a snowmobile or all-terrain vehicle at a speed greater than ten miles per hour on any public street or alley shall be prima facie evidence that the speed is unreasonable and improper under this article.

Subdivision 2. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto.

Subdivision 3. While under the influence of intoxicating liquor or habit forming drugs.

Subdivision 4. Without a lighted head and tail light when required for safety.

Subdivision 5. In any tree nursery or area wherein trees, shrubs, plants, flowers or other vegetation is growing in a manner which damages or destroys said vegetation.

Section 5. Age Requirements for Operators. It is unlawful for any person under the age of fourteen (14) years to operate a snowmobile or all-terrain vehicle on streets, in city parks or other public land, or the roadway surface of highways, or make a direct crossing of a trunk, county state-aid, or county highway as the operator of a snowmobile or all-terrain vehicle. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile or all-terrain vehicle as permitted under this section, only if he has in his possession, a safety certifcate issued by the Commissioner, as provided by M.S.A. 84.872.

Section 6. Towing of Objects. It shall be unlawful for the operator of any snowmobile or all terrain vehicle to tow any person, vehicle or thing on any public street, roadway or alley in the city.

Section 7. Position When Traveling on Streets. When operating a snowmobile or all-terrain vehicle on a public street, the operator shall, insofar as practicable, operate the snowmobile or all-terrain vehicle as near as practicable to the right curb line, except in preparation for making a left turn.

Section 8. Yielding Right of Way. The driver of a snowmobile or all-terrain vehicle shall yield the right of way to all oncoming traffic which constitutes an immediate hazard.

Section 9. Lights and Equipment. No person shall operate a snowmobile or all-terrain vehicle within the right-of-way of any street or alley between the hours of one-half hour after sunset to one-half hour before sunrise, or in conditions of reduced visibility, except when both front and rear lights are on. Snowmobiles and all-terrain vehicles are required to have such equipment as may be required by Chapter 84 of the Minnesota Statutes.

Section 10. Owner Liabilty. An owner of a snowmobile or all-terrain vehicle shall be liable for any violation of any provision of this Chapter by the operator of the snowmobile or all-terrain vehicle if the owner knows or has reason to know of the unlawful operation of the snowmobile or all-terrain vehicle.

Section 11. Penalties. Any violation of any provision of this Chapter shall be punishable as a misdemeanor.

Section 12. Repeal. Upon adoption and publication of this amended Chapter 12.06, all prior inconsistent provisions of the Howard Lake City Code regardinq snowmobiles and/or all-terrain vehicles are repealed.

Adopted by the City Council of the City of Howard Lake, the 2nd day of June, 2003.

/s/Gerald R. Smith

Gerald R. Smith, Mayor

Attest:

/s/Gene Gilbert

Gene Gilbert, Clerk


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