HomeMy WebLinkAbout98-13CITY OF PRIOR LAKE
ORDINANCE NO. 98-13
AN ORDINANCE AMENDING ORDINANCE 98-05 BY EXTENDING THE
TEMPORARY RESTRICTIONS ON THE OPERATION OF CERTAIN
RECREATIONAL MOTOR VEHICLES
The City Council of the City of Prior Lake does hereby ordain:
WHEREAS, the City has received complaints fi'om residential property owners that the
quiet use and enjoyment of their properties has been impaired by the operation of
motorized recreational vehicles in residential neighborhoods; and
WHEREAS, one of the aspects of living in the City of Prior Lake that its residents value
is the quiet use and enjoyment of their property, and;
WHEREAS, along with quiet and peaceful neighborhoods, Prior Lake residents value the
recreational amenities of the City of Prior Lake; and
WHEREAS, one of the responsibilities of the City Council is to provide, through its
zoning powers, for the reasonable regulation of land uses; and
WHEREAS, in order to preserve and assure the quiet use and enjoyment of residential
property, the City Council finds that it is necessary to regulate the use o.f motorized
recreational vehicles on any property zoned residential, and
WHEREAS, there is a need for a study to be conducted so that the City can determine
and adopt zoning regulations for the regulation of the operation of motorized recreational
vehicles, and
VOtEREAS, Minnesota Statutes Section 462.355, Subdivision 4, permits the adoption of
interim ordinances during the study and planning process.
WHEREAS, on April 6, 1998, the City Council adopted Ordinance 98-05, an interim
ordinance placing temporary restrictions on the operation of certain recreational motor
vehicles, and
WHEREAS, Ordinance 98-05 is scheduled to expire on July 7, 1998, unless extended by
the City Council, and
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Panel
16200 Ea§l~CreeT<-Ave. S.[, Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612}'°~[4-7-4245
AN EQUAL OPPORTUNITY EMPLOYER
WHEREAS, Ordinance 98-05 was adopted to allow time for the study of the use of
motorized recreational vehicles, and
WHEREAS, on June 22, 1998, the Prior Lake Planning Commission conducted a public
hearing on the proposed ordinance regulating all motorized recreational vehicles in
residential areas, and
WHEREAS, the testimony at the public hearing indicated the general consensus that all
terrain vehicles were not the cause of the problems, and
WHEREAS, the Planning Commission recommended denial of the proposed ordinance
regulating all motorized recreational vehicles on the basis that the ordinance was too
restrictive and the primary issue was one of noise, and
WHEREAS, the Planning Commission recommended the existing moratorium be
extended to allow for further study of the issue, and
WHEREAS, the Planning Commission recommended the existing moratorium be
modified to deal with trail bikes, motorcycles and motorized bikes, and
WHEREAS, there is a need for additional time to study this issue.
NOW THEREFORE, the City Council of the City of Prior Lake does ordain the
following:
Section 1. Definitions:
The following words and phrases shall have the meanings ascribed to them for the
purposes of this ordinance:
(a) Motorized Recreational Vehicle: For the purposes of this ordinance, recreational
vehicles are trail bikes, motorcycles and motorized bicycles.
(b) O~erate: To ride in or on and to control the operation of a motorized recreational
vehicle.
(c) O~erator: Every person who operates or is in actual physical control of the motorized
recreational vehicle.
(d) Owner: A person, other than a lien holder, having the property interest in or title to a
motorized recreational vehicle or entitled to the use or possession thereof.
(e) Person: Includes an individual, partnership, corporation, the state and its agencies
and subdivisions, and any body of person, whether incorporated or not.
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Section 2. Operation
Except as othenvise specifically permitted and authorized, no person may operate a
motorized recreational vehicle within the limits of the City:
A. On any public property,
B. On any property zoned for any Residential zoning district,
C. At any place in a careless, reckless or negligent manner so as to endanger the person
or property of another or to cause damage or injury thereto,
D. On any non-residential property not owned by the person, 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"
Motorized Recreational Vehicles Allowed" or other words substantially similar,
E. 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.
Section 3. Enforcement
Any person who violates the terms of this ordinance shall, upon conviction thereof, be
guilty of a misdemeanor, punishable by a fine not exceeding seven hundred dollars
($700.00) or by imprisonment for a period not to exceed mety (90) days, or both.
The City may, at its option, enforce any provision of this ordinance by mandamus,
injunction, or any other appropriate civil remedy in any court of competent jurisdiction.
SECTION 5. Separability.
Every section, provision, or part of this ordinance is declared separable fi.om every
section, provision, or part of this ordinance. If any section, provision, or part of this
ordinance is adjudged to be invalid by a court of competent jurisdiction, such judgment
shall not invalidate any other section, provision or part of this ordinance.
SECTION 6. Duration.
This ordinance shall remain in effect for one hundred and eighty (180) days fi.om the date
of its effective date, or until such earlier time as said ordinance shall be revoked or
otherwise amended, or the City has completed its studies and has adopted a permanent
ordinance.
SECTION 7. Effective Date.
This ordinance shall take effect immediately upon its passage.
Passed by the City Council of the City of Prior Lake this 6th day of July, 1998.
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Mayor I '
Published in the Prior Lake American on the 1 lth day of July, 1998.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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