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Home My WebLink About108-05 Combustion Engines 4646 Dakota Street S.E. ~:}or Lake, MN ~5~Z_~~:Ql~_c,"_.____~___,_c_._,_.__, CITY OF PRIOR LAKE ORDINANCE NO. 108-05 AN ORDINANCE AMENDING SECTION 903 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 903 of the Prior Lake City Code is hereby amended to delete the section in its entirety and to add the following language: SUBSECTION: 903.100: 903.200: 903.300: 903.400: 903.500: 903.600: SECTION 903 OFF-ROAD VEHICLES; COMBUSTION ENGINES DEFINITIONS OPERATION OF COMBUSTION ENGINES; EQUIPMENT OPERATION OF OFF-RoAD VEHICLES ApPLICABILITY OF PROVISIONS PROHIBITED OPERATIONS VIOLATION ; PENALTY 903.100: 903.200: DEFINITIONS: Combustion Engine: Any engine burning or consuming fuel for its source of power, to include by way of example, but not by limitation, such engines as the internal combustion piston engine, gas and diesel, two (2) or four (4) cycles, the Wankel rotary engine and gas and diesel turbine engines. Off-Road Vehicle: Any vehicle which is capable of and is being operated off the public roadway. By way of example but not by limitation, motorcycles, dirt bikes, all terrain vehicles, tractors, four (4) wheel drive jeep-type vehicles. It is further specified that an off-road vehicle shall not include a snowmobile. OPERATION OF COMBUSTION ENGINES; EQUIPMENT: No combustion engine, except a chain saw, shall be operated within the City without a muffler to effectively muffle the exhaust noise of the engines. The engines must have standard mufflers securely attached and not readily disconnected and must remain in constant operation and must reduce the noise of the operation of the motor to the minimum necessary for operation. M:\COUNCIL\ORDINANC\Z_0_Q~.J1 08-05 ~tmkiCifl$!...ahc.CUIIl Phone 952.447.9800 / Fax 952.447.4245 903.300: 903.400: 903.500: No person shall use a muffler cutout, bypass, straight pipe or tuned exhaust and the exhaust system shall not emit or produce a sharp popping or cracking sound. No chain saw shall be operated within any plat or residential area except to trim, fell or cut up trees or wood on the premises intended to be used personally by the property owner. The importation of trees, wood or logs into such a platted residential area for chain sawing for commercial purposes is prohibited. OPERATION OF OFF-RoAD VEHICLES: No off-road vehicle shall be operated within three hundred feet (300') of any residence, dwelling, farmstead, barn or cattle lot unless it is on a public roadway, properly equipped, licensed and operated by a duly licensed operator in accordance with Minnesota Statutes Chapter 169. No off-road vehicle may be operated on public property other than a public roadway or on private property without the written permission of the owner or possessor of land on which it is being operated. A recognized motorcycle club may, by prearrangement with the City Council, receive a written permit from the City Council to operate their vehicles off-road.. No motorcycle races or races between off-road vehicles will be permitted anywhere in the City without a written permit from the City Council. ApPLICABILITY OF PROVISIONS: Operation of a gasoline or combustion engine any time other than between the hours of 7:00 AM. and 7:00 P.M. on weekdays and Saturdays and between the hours of 8:00 AM. and 7:00 P.M. on Sundays and legal holidays shall be illegal without a written permit from the City. Nothing in this Section shall be intended as a prohibition against the operation of legitimate farm machinery, snow removal equipment, construction equipment, lawn mowers, garden tractors, gasoline powered cement mixers, air compressors or similar equipment; provided, however, that such operation is consistent with the provisions of Sections 605.1000 through 605.1005 and Sections 803.900 through 803.905 of the City Code. Further, nothing in this section shall be intended as a prohibition against the operation of legitimate on-road motor vehicles, motorcycles, or other modes of transportation or conveyance. PROHIBITED OPERATIONS: The operation of any combustion engine for purposes of harassment of any resident of the City is prohibited, and no such engine shall be operated so as to create load and excessive noise or in any way to unduly disturb the peace and privacy of the residents of the City in such a manner as to create a public nuisance thereby. M :\COU NCI L \ORDI NANC\2008\ 108-05 Off-Road Vehicles.doc 2 It shall be illegal to operate any combustion engine or off-road vehicle in a careless, reckless or negligent manner so as to endanger any person or property of another, or to cause injury or damage thereto. It shall be illegal to operate any off-road vehicle while under the influence of intoxicating liquor, narcotics or habit forming-drugs. No person shall permit the use of their premises or property for the operation of any off-road vehicle or combustion engine in violation of the provision of this Section or the statutes of the State. The owner or person in possession of the premises shall be deemed to have permitted the use, as specified in this subsection, under either of the following circumstances: ~ If said owner has granted written permission to the operator; or ~ A minor child is operating a combustion engine or off-road vehicle on private property in violation of this Section. 903.600: VIOLATION; PENAL TV: Any person violating the terms of this Section shall, upon conviction thereof, be found guilty of a misdemeanor and shall be punished in accordance with the penalties established by Minnesota Statutes. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 4th day of August, 2008. ATTEST: City J:!!+ ~~ Mayo Published in the Prior Lake American on the 9th August, 2008. M:\COUNCIL\ORDINANC\2008\108-05 Off-Road Vehicles.doc 3 CITY OF PRIOR LAKE ORDINANCE NO. 108-05 AN ORDINANCE AMENDING SECTION 903 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 903 of the Prior Lake City Code is hereby amended to de- lete the section in its entirety and to add the following language: SECTION 903 OFF-ROAD VEHICLES; COMBUSTION ENGINES Subsection: 903.100: Definitions 903.200: Operation of Combustion Engines; Equipment 903.300: Operation of Off-Road Vehicles 903.400: Applicability of Provi- . sions 903.500: Prohibited Operations 903.600: Violation; Penalty 903.100: Definitions: Combustion Engine: Any en- gine burning or consuming fuel for its source of power, to include byway of example, but not by limitation, such engines as the internal combustion piston engine, gas and diesel, two (2) or four (4) cycles, the Wankel rotary engine and gas and diesel_turbine engines. Off-Road Vehicle: Any vehicle which is capable of and is beingoper- ated off the public roadway. By way of example but not by limitation, motorcycles, dirt bikes, all terrain vehicles, tractors,four(4)wheeldrive jeep-type vehicles. It is further speci- fied that an off-road vehicle shall not include a snowmobile. 903.200: Operation Of Combus- tion Engines; Equipment: No com- bustion engine, except a chain saw, shall be operated within the Citywith- out a muffler to_effectively muffle the exhaust noise of the engines. The engines must have standard mufflers securely attached and not readily dis- counected and must remain in con- stant operation and must reduce the noise ofthe operation of the motor to the minimum necessary for opera- tion. No person shan use a muffler cutout, bypass, straight pipe or tuned exhaust and the.exhaust system shall not emit or produce a sharp popping or cracking sound. No chain saw shall be operated within any plat or residential area except to trim, fell or cut up trees or wood_on the premises intendedJo be used personally by the property owner. The importation of trees, wood or logs into such a platted residential area for chain sawing for commer- cial purposes iSj)rohibited. 903.300: Operation Of Off-Road Vehicles: No off-road vehicle shall be operated within three .hundred feet (300')ofanyresidence, dwelling, farm- stead, barn or cattle lot unless it is on a public roadway, properly equipped, licensed and operated by a duly li- censed operator in accordance with Minnesota Statutes Chapter 169. No off-road vehicle may be oper- ated on public property other than a public roadway or on private prop- erty without the written permission of the owner or possessor ofland on which it is being operated. A,recog- nized motorcycle club may, by prear- rangement with the City Council, receive a written permit from the City Council to operate their vehicles off-road.. -. No motorcycle races or races be- tween off-road vehicles will be per- mitted anywhere in the City without a_written permit from the City Coun- cil. 903.400: Applicability Of Provi- sions: Operation ofa gasoline or com- _hnctin:n .o1"'\a1n.o ~n"l"T .H.............. ,....+]...,....". +1-.............. Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A02, 331A07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. '/ '7 7 8 was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijklmnopqrstuvwxyz CB~:' ~i;{,;~ tfl fL ,;1,1 C{1;t /lv:J Laurie A Hartmann Subscribed and sworn before me on this I 1 ~ day of /. " ~ .-J~ LL -~ -t.l4.. " ,2008 0*_ ('\ {1. J _ "- _ !'\~'>1. t7 d-6l.tft1--- Not. *bliC () v JYMME J. BARK NOTARY PUBLIC - MINNESOTA My Commission ExpirGs 01/31/2013 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $40.00 per column inch Maximum rate allowed by law for the above matter................................. $40.00 per column inch Rate actually charged for the above matter.................................._........... $12.19 per column inch