City of Winsted ATVS and Golf Carts Ordinance |
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ORDINANCE NO. 03-04 AN ORDINANCE TO REGULATE THE USE OF ALL TERRAIN VEHICLES (ATV) WITHIN THE CITY OF WINSTED. THE CITY OF WINSTED DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Winsted Municipal Code is amended by the addition of the following to Chapter 5. SECTION 6. 506.000. Operation of All-Terrain Vehicles (ATV) within the City. 506.001. DEFINITIONS. The definitions of all-terrain vehicle for purposes of this Ordinance shall be the same as those set for in Minnesota Statutes ' 84.92 as may be amended from time to time. The current definition for all-terrain vehicle contained in Minnesota Statutes ' 84.92 Subd. 8 is as follows: AAll-terrain vehicle@ or Avehicle@ means a motorized floatation-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 a total dry weight less than 800 pounds.
506.002. STATE LAW ADOPTED. The laws of the State of Minnesota as set forth in Minnesota Statutes Section 84.92 through 84.944. 506.003. REGULATIONS. A. It shall be unlawful to operate an all-terrain vehicle on any public (including, but not limited to, streets, alleys, parks, or any other City owned property of any nature whatsoever) or private property within the City of Winsted, Minnesota with the following exceptions: 1. The operator=s property or the private property of another person when the other person has given permission for the use of his/her property by the operator of the all-terrain vehicle. 2. Emergency situations during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. 3. A City resident shall be able to operate an ATV upon a City street while driving non-stop from his/her residence to the most direct route in or out of the City limits. The ATV must be driven on the furthermost right portion of the roadway while leaving or entering the City and may not be operated in the non traveled part of any street, roadway or public thoroughfare. The operator of the ATV must be at least sixteen (16) years of age and have a current and valid Minnesota Drivers License. B. No all-terrain vehicle shall be operated at a speed in excess of 15 miles per hour. C. No all-terrain vehicle shall be operated between the hours of 1 a.m. and 7 a.m. except that notwithstanding anything to the contrary herein, a person may operate an all-terrain vehicle at any time as long as the same is equipped with a plow or snow blower, and is being used to remove snow. D. No all-terrain vehicle shall be operated 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. E. It shall be unlawful for the registered owner of an all-terrain vehicle to allow his/her all-terrain vehicle to operate contrary to this Ordinance or governing State Law. The registered owner of the all-terrain vehicle may not be prosecuted and punished if: 1. The all-terrain vehicle was reported as stolen to the Commissioner of Natural Resources or a law enforcement agency at the time the alleged unlawful conduct occurred. 2. The registered owner demonstrates that the all-terrain vehicle was either stolen or is not in use at the time of the alleged unlawful conduct. 3. The registered owner furnishes to law enforcement officers upon request, the identity of the person in actual physical control of the all-terrain vehicle at the time of such unlawful conduct. F. Permits. The City may allow the use of all-terrain vehicles by permit. The permit may be issued by the City Council under circumstances that call for the use of all-terrain vehicles during City-wide parades or special events conducted by the City or community organizations. G. Use by City. The City of Winsted may use all-terrain vehicles in order to conduct the business of the City and is, therefore, exempt form this Ordinance. H. Snowplowing. Ann all-terrain vehicle may be used for snow removal purposes. 506.004. PENALTY. Any person violating the provisions of this Ordinance shall be guilty of a Misdemeanor as defined by Minnesota Law. Section 2. REPEAL. To the extent any other Ordinance of the City of Winsted which is inconsistent herewith, the same is repealed. Section 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and publication according to law. Passed by the City Council this 2nd day of September, 2003. Don C. Guggemos, Mayor Attest: /s/Betty Zachmann Betty Zachmann, City Clerk ORDINANCE NO. 03-04 AN ORDINANCE TO REGULATE THE USE OF GOLF CARTS (OR SIMILAR VEHICLES) ON CITY STREETS WITHIN THE CITY OF WINSTED. THE CITY OF WINSTED DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City of Winsted Municipal Code is amended by the addition of the following to Chapter 5. Section 507.000. Use of golf carts (or similar vehicles) within the City. 507.001. DRIVING. OPERATING OR CONTROL OF MOTORIZED GOLF CARTS OR SIMILAR VEHICLES. A motorized golf cart (together with any vehicles of similar nature) may be driven, operated or controlled on the roadways or shoulders of roadways within the City of Winsted, except such roadways prohibited by resolution of the City Council and only in strict compliance with this section. All such vehicles must comply with laws for motor vehicles within the State of Minnesota, County of McLeod and City of Winsted. Said vehicles must have proper headlights, taillights, signal lights, brake lights and rear view mirror. 507.002. PERMITS. No motorized golf cart (or similar vehicle) shall be driven, operated or controlled on the roadways or shoulders of roadways within the City of Winsted unless the driver, operator or person in control has in his or her actual physical possession a valid, current and unrevoked permit of the City of Winsted for such driving, operation or control of a motorized golf cart (or similar vehicle). No such golf cart (or similar vehicle) shall be driven prior to sunrise or after sunset on any day of the year. A fee of $50.00 shall be paid for issuance of the permit. A permit shall be issued to a person and to a specific vehicle. 507.003. PERMIT ISSUANCE. Permits shall be issued by the Chief of Police, or authorized designee, upon compliance with this section. A. INDIVIDUAL PERMIT. To persons currently validly licensed to drive motor vehicles as defined by Minnesota Statutes, Chapter 169. No person whose license to drive is revoked, suspended, canceled or withdrawn may be issued an individual permit. Application for an individual permit shall include the full name and address of the applicant; the state of issuance of the applicant's current driver's license, the number of such drivers license, applicant's representation that such driver's license is not suspended, revoked, canceled or withdrawn; the date of application and applicant's signature; the name of the applicant's insurance company; the number of the applicant's insurance policy; and the date of expiration of insurance coverage for such vehicle. As a condition to obtaining an individual permit, the Chief of Police or his designee may require an applicant to submit a certified signed by a physician to the effect that the applicable is able to safely operate a motorized golf cart (or similar vehicle) on the roadways or shoulders under the jurisdiction of the City of Winsted. B. REVOCATION OF PERMIT. An individual permit may be revoked by the Chief of Police (or its designee) if there is any material misrepresentation made in the permit application, liability insurance is no longer in effect, or there is evidence that the permittee cannot safely operate the motorized golf cart (or similar vehicle). The Chief of Police (or its designee) shall issue a notice of revocation of a permit in writing and either hand deliver the notice to the permit holder or send the notice by certified mail to the address on the application. The revocation shall be in effect immediately after personal service or three days after the mailing. C. PERMIT EXPIRATION. Permits shall be issued for a period of one year. 507.004. PENALTY. Any person violating the provisions of this Ordinance shall be guilty of a Misdemeanor as defined by Minnesota Law. Section 2. REPEAL. To the extent any other Ordinance of the City of Winsted which is inconsistent herewith, the same is repealed. Section 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and publication according to law. Passed by the City Council this 5th day of November, 2003. Don C. Guggemos, Mayor Attest: /s/Betty Zachmann Betty Zachmann, City Clerk |
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