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Home My WebLink About10B - Operations of Recreational Vehicles AGENDA #: PREPARED BY: SUBJECT: DATE BACKGROUND: DISCUSSION: ISSUES: STAFF AGENDA REPORT r-. ()f lOB ~ DONALD RYE, PLANNING DIRECTOR CONSIDER APPROVAL OF ORDINANCE 98-XX ESTABLISHING A MORATORIUM ON T.l::JJ!; OPERATION OF CERTAIN MOTORIZED RECREATIONAL VEIDCLES APRIL 6,1998 Last summer, the City received several complaints from residents in and near the Titus Addition concerning the operation of off-road motorcycles in their neighborhood. Recently, these complaints have again been made. It is staffs belief that, until an ordinance has been adopted which deals with the issues of motorized recreational vehicle operation in the City, a moratorium on the operation of such vehicles should be enacted while the ordinance is being developed. Moratoriums are permitted under Minnesota Statutes to protect a planning process undertaken by a City intended to develop plans and regulation related to land use issues. While a moratorium can be as long as 18 months with the opportunity to extend it 12 more months, staff believes 90 days is adequate to allow for the development of the ordinance. Since it is intended to be part of the zoning ordinance, the Planning Commission must hold public hearings on the proposed ordinance and make a recommendation to the City Council. The primary issue is where and under what circumstances should motorized recreational vehicles be allowed to operate in the City. These vehicles typically have the capability of operating off-road and , more often than not, that is where the predominant use occurs. Because these vehicles are often unmuffled or have muffler systems which do not reduce the noise to level of a car, they often incite complaints when operated too near residential property or at inappropriate times, such as late at night. Because of the number and nature of the complaints which have been received, staff feels the issue needs to be addressed. ALTERNATIVES: 1. Adopt ordinance 98-XXas proposed 2. Adopt ordinance 98-XX with specified amendments 3. Deny ordinance 98-XX 040698MO.DOC DR 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDATION: Alternative 1 ACTION REQUIRED: Reviewed by: F 040698MO.DOC DR 2 CITY OF PRIOR LAKE ORDINANCE NO. 98-XX AN INTERIM ORDINANCE PLACING 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 from 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 of 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 WHEREAS, Minnesota Statutes Section 462.355, Subdivision 4, permits the adoption of interim ordinances during the study and planning process. NOW THEREFORE, the City Council of the City of Prior Lake does ordain the following: Section I.Definitions: The following words and phrases shall have the meanings ascribed to them for the purposes of this ordinance: 1:\98files\98ordamd\city\rvmorato.doc Page 1 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER (a) Motorized Recreational Vehicle: Any motorized two-, three-, or four-wheeled or track, self-propelled vehicle designed or used for recreational purposes, including but not limited to all-terrain vehicles, trail bikes, hovercrafts, motorcycles and motorized bicycles. Snowmobiles are regulated under Chapters 2 and 9 of the City Code. (b) Ooerate: To ride in or on and to control the operation of a motorized recreational vehicle. ( c) Ooerator: 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. Section 2. Operation Except as otherwise specifically permitted and authorized, no person may operate a motorized recreational vehicle within the limits ofthe 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 ninety (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. Senarabilitv. Every section, provision, or part of this ordinance is declared separable from every section, provision, or part of this ordinance. If any section, provision, or part of this 1:\98files\98ordamd\city\rvmorato.doc Page 2 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 ninety (90) days from 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 and publication. Passed by the City Council of the City of Prior Lake this 6th day of April, 1998. ATTEST: City Manager Mayor Published in the Prior Lake American on the day of ,1998. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\98files\98ordamd\city\rvmorato.doc Page 3