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City of Lester Prairie Ordinance 240 - Snowmobiles

AN ORDINANCE AMENDING CHAPTER 4, SECTION 4.2 SNOWMOBILE REGULATIONS, OF THE LESTER PRAIRIE MUNICIPAL CODE, SPECIFICALLY REPEALING SECTION 4.2 AND REPLACING IT WITH THE FOLLOWING SECTION 4.2 REGULATIONS OF SNOWMOBILE, ALL TERRAIN VEHICLE AND OFF-HIGHWAY MOTORCYCLE ORDINANCE FOR THE CITY OF LESTER PRAIRIE

THE CITY COUNCIL OF THE CITY OF LESTER PRAIRIE ORDAINS:

Section 1. Section 4.2 REGULATIONS OF SNOWMOBILES and all subdivisions thereof, of the Lester Prairie Municipal Code are hereby expressly repealed, and the following Section 4.2 and subdivisions are hereby adopted:

Section 4.2 REGULATION OF SNOWMOBILES, ALL TERRAIN VEHICLES (ATVs) AND OFF-HIGHWAY MOTORCYCLES (OHMs)

4.2.1 For the purpose of this ordinance, the following definitions apply:

(a) All-Terrain Vehicle or ATV - a motorized floatation-tired vehicle of not less than three low pressure tires but no more than six tires, that is limited in engine displacement of less than 800 cubic centimeters and a total dry weight less than 800 pounds.

(b) Off-Highway Motorcycles (OHMs) - motorized, off-highway vehicles traveling on two wheels. OHMs have a seat or saddle designed to be straddled by the operator and have handlebars for steering control. Motorcycles may be legal for highway use and still considered to be OHMs if used for off-highway operation on trails or natural terrain.

(c) Snowmobile - a self propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis or runners.

(d) Operate - to control the operation of a snowmobile, ATV or OHM.

(e) Operator - a person who operates or is in actual control of a snowmobile, ATV or OHM.

4.2.2 It shall be unlawful for any person to operate a snowmobile, ATV or OHM under the following circumstances:

(a) On private property of another without the express permission to do so by the owner or occupant of said property.

(b) On public school ground, park property, playgrounds, recreational areas, golf courses, public sidewalks or walkways used for public travel or upon any boulevard, without the express provision or permission to do so by the proper public authority.

(c) In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quite of other persons.

(d) In a careless, reckless or negligent manner so as to endanger or to be likely to endanger the safety of any person or the property of any other person.

(e) Without having such snowmobile, ATV or OHM registered as provided for in Minnesota Statutes, except that this provision shall not apply to the operation of a snowmobile, ATV or OHM on the private property of the owner or a member of his immediate family.

(f) Within the right-of-way of any public street within the City of Lester Prairie, unless the operator shall have a valid driver’s license issued to him by the State of Minnesota or is accompanied by a licensed driver, who is actually occupying a seat on the vehicle.

4.2.3 All snowmobiles, ATVs, and OHMs operated within the City of Lester Prairie shall have the following equipment:

(a) Mufflers which are properly attached and which reduce the noise of operation of the vehicle to the minimum noise necessary for operating the vehicle, and no person shall use a muffler cut-out, bypass, or similar device on said vehicle.

(b) Adequate brakes are required by Minnesota Statutes, Chapter 169.67, and at least one head light and one tail light.

(c) A safety or so-called “deadman” throttle/switch in operating condition; a safety or “deadman” throttle/switch is defined as a device which, when pressure is removed from the accelerator or throttle/switch, causes the motor to be disengaged from the driving track.

4.2.4 It is unlawful for the owner or operator to leave or allow a snowmobile, ATV or OHM to be or remain unattended on public property while the motor is running or with the keys to start same in the ignition switch.

4.2.5 The City Council may, by resolution, prohibit the operation of snowmobiles, ATVs and/or OHMs within the right-of-way of the public roads or streets or other City property within the City of Lester Prairie, when in the opinion of the City Council the public safety and/or welfare so requires.

4.2.6 Section 168.847 and 84.92 through 84.944, Minnesota Statutes and all the provisions thereof, is hereby adopted by reference and made a part hereof as fully and completely as though set forth herein in full.

4.2.7 Any person violating the terms of this ordinance shall upon conviction thereof, be fined a sum not to exceed $ 1,000.00 or shall be imprisoned for a period of not to exceed 90 days.

4.2.8 The following rules and regulations shall apply to the use and operation of snowmobiles, ATVs and OHMs within the City of Lester Prairie:

(a) All State laws governing the operation of snowmobiles, ATVs and OHMs shall be obeyed by snowmobile, ATV and OHM owners and operators.

(b) Snowmobiles, ATVs and OHMs shall not be operated on any public sidewalk in the City, nor shall they be operated on or across any private property without the consent of the owner of said property. Snowmobiles, ATVs and OHMs may be permitted to cross a sidewalk at a 90 degree angle for the purpose of gaining access to a roadway or street.

(c) All drivers under the age of 18 years must possess a Snowmobile, ATV and/or OHM Safety Permit and carry it with them while driving.

(d) Snowmobiles, ATVs and OHMs being operated on City streets or in the City limits shall at all times be properly equipped with mufflers, in good working order, as to keep noise to a minimum.

(e) Snowmobiles, ATVs and OHMs shall be permitted to operate on the street of the City only for the purpose of going to and from designated areas and to and from repair shops except for an emergency.

(f) Snowmobiles, ATVs and OHMs shall not be permitted to travel on City streets in excess of 15 miles per hour, or after 10:00 p.m. except to go to or from destination.

(g) Snowmobiles, ATVs and OHMs traveling on any street in the City must travel one behind the other, single file, and must allow proper spacing, at least 20 feet, between machines.

(h) Snowmobiles, ATVs or OHMs are permitted only on Central Avenue, First Avenue North, and Second Avenue South.

Section 2. This ordinance shall take effect and be in force from and after its passage and publication.

Adopted by the City Council this 10th day of May, 2004.

CITY OF LESTER PRAIRIE

By Eric Angvall, Its Mayor

ATTEST:

Marilyn L. Pawelk, Its Clerk

Published in the Herald Journal May 17, 2004.


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