HomeMy WebLinkAbout9B - Operation of Motorized Recreational Vehicles
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CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
REVIEWED BY:
AGENDA ITEM:
DISCUSSION:
JULY 6, 1998
9B
JANE KANSIER, PLANNING COORDINATOR
DON RYE, PLANNING DIRECTOR
CONSIDER AN AMENDMENT TO THE ZONING
ORDINANCE RELATING TO REGULATIONS FOR THE
OPERATION OF MOTORIZED RECREATIONAL VEHICLES
AND CONSIDER APPROVAL OF ORDINANCE 98-XX
EXTENDING THE MORATORIUM ON THE OPERATION OF
MOTORIZED RECREATIONAL VEHICLES
Historv: In the summer of 1997 and the spring of 1998, the City
received complaints concerning the operation of off-road motorcycles
in the area in and near the Titus Addition. The complaints primarily
concerned the noise and disturbance caused by this activity. Also in
February, 1998, several residents of this area appeared before the City
Council at a forum to voice their concerns about this issue.
On April 6, 1998, the City Council adopted a moratorium on the
operation of all motorized recreational vehicles in residential areas in
order to allow the City the opportunity to study the issue. The
moratorium is effective for 90 days, or until July 6, 1998, although the
City Council has the option of extending the moratorium for up to an
additional 18 months.
On June 22, 1998, the Planning Commission conducted a public
hearing to review a proposed ordinance for the regulation of
recreational vehicles. The proposed ordinance includes restrictions on
the location for the operation of these vehicles, required permits,
equipment standards and enforcement provisions. Draft #1 (see
attached) of the proposed ordinance is the draft sent out for public
comment. This draft includes a definition of motorized recreational
vehicles, and other pertinent definitions, provisions for the operation of
such vehicles, required permits, equipment standards and enforcement
prOVISIOns.
This draft defines a motorized recreational vehicle as any "motorized
two-, three- or Jour-wheeled or track, selfpropelled vehicle designed
or used for recreational purposes, including, but not limited to all-
terrain vehicles, trail bikes, hovercrafts, motorcycles, and motorized
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16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
bicycles ". Snowmobiles are not included in this definition since they
are regulated under a separate chapter ofthe City Code.
This draft also outlines the location and manner ofthe operation of
these vehicles. Essentially, these regulations do not allow the
operation of motorized vehicles on any residentially zoned property
less than 10 acres in size, on any public property, in any careless,
reckless or negligent manner, or in a manner which creates loud,
unnecessary or unusual noise which disturbs, annoys or interferes with
the peace and quiet of other persons. The ordinance does allow the
operation of motorized recreational vehicles on residentially zoned
parcels greater than 10 acres in size with the issuance of a permit,
following a public hearing. Even with a permit, however, these
vehicles are not allowed within 300 feet ofthe property boundaries.
The provisions of the proposed ordinance are similar to the provisions
of other motorized recreational vehicle ordinances throughout the
State. Many communities have banned the use of these types of
vehicles in the City limits altogether. Draft #2 (see attached) reflects
the ordinance which was considered by the Planning Commission and
which contains certain refinements after review and input by various
City departments.
One ofthe concerns related to the staff about the proposed ordinance is
that the ordinance prohibits the use of all-terrain vehicles even when
used for purposes other than recreation. For example, there are some
residents who use these vehicles for lawn and garden work. Draft #2
addresses this concern by modifying the definition of a motorized
recreational vehicle to eliminate the word "designed" and to limit the
scope of the provisions to those vehicles used for recreational
purposes. In the operational provisions, we have also inserted a
section to state "in a manner that simulates a race or temporary race,
or creates or causes unnecessary engine noise, tire squealing, or
causes tires to spin or slide upon the acceleration or stopping oJ said
vehicles or to unnecessarily turn abruptly or sway Jrom side to side ".
This provision is intended to specifically addresses the issues of racing
the vehicles.
We have also attempted to clarify exactly where motorized recreational
vehicles mayor may not be used. The provision prohibiting the
operation of motorized vehicles on residentially zoned property less
than 10 acres in size remains the same. We have added a statement
allowing the use on agricultural or conservation zoned properties, as
long as the use is at least 500' from any property line. We have also
included the use on commercially and industrially zoned parcels
greater than 10 acres in size, subj ect to the issuance of a permit and a
public hearing. In cases where the operation of the vehicles is
permitted, we have increased the distance from the property lines to
500 feet.
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We have also revised the ordinance to distinguish public property from
public streets. Public property typically includes parks, school
property and other government owned areas. The operation of
motorized recreational vehicles on public rights-of-way is legislated by
State Statute provisions pertaining to vehicle condition, licenses, and
other traffic laws. Speed limits for these vehicles are also included in
the traffic laws.
Another addition to the ordinance is a reference to the procedure for a
public hearing. The procedure for a public hearing will be the same as
the conditional use permit process with a hearing before the Planning
Commission and review by the City Council. The notification
requirements will also include mailed notice to owners of property
within 500 feet, and publication in the newspaper.
Draft #2 also eliminates the provisions generally covered under State
Statutes, such as the requirements for head lights and taillights, the
operation by a minor, and the operation while under the influence of
drugs or alcohol.
On June 22, 1998, the Planning Commission heard testimony from
both proponents and opponents of the proposed ordinance. Several
people were concerned that the regulations were too restrictive,
especially as they affected all terrain vehicles. Some felt the issue here
was a noise issue, and should be regulated as a nuisance rather than a
land use issue. Several residents also spoke in favor of the restriction,
especially concerning dirt bikes and motor cross bikes. The attached
draft minutes of the Planning Commission meeting summarize this
testimony.
The Planning Commission concluded the proposed ordinance is too
restrictive and the primary issue was one of noise. The Planning
Commission made the following recommendations:
1. The proposed ordinance regulating recreational vehicles should be
denied.
2. The current moratorium on the use of recreational vehicles should
be modified to include dirt bikes and motor cross bikes only, and
should be extended to allow for further study ofthis issue.
3. The staff should prepare a new ordinance for the regulation of
recreational vehicle race tracks as a land use, and bring the
ordinance back to the Planning Commission for review.
4. The City Council should consider the development of a noise
ordinance and direct the appropriate staff to prepare an ordinance
for review.
Current Circumstances:, Recreational vehicles are currently regulated
in Title 11, Chapter 3 of the City Code (see attached). These
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regulations concern the operation of combustion engines, hours of
operation and the use of the vehicles on private property. There are no
specific noise parameters, nor do these provisions regulate land use.
The original moratorium, adopted on April 6, 1998, was effective for
90 days, and expires after July 6, 1998. The City Council has the
option of extending the moratorium up to 18 months.
The Issues: The proposed ordinance attempts to regulate the use of all
recreational vehicles in residential areas. The purpose of the
regulations is to preserve and assure the quiet use and enjoyment of
residential property. One of the issues is whether this ordinance is too
restrictive. Testimony at the Planning Commission meeting indicated
the major problems were caused by dirt bikes, motor cross bikes and
the racing of these vehicles. There seemed to be some consensus
among those who testified that other recreational vehicles, such as all
terrain vehicles, did not pose the same problems.
Another issue is that the proposed ordinance does not specifically
regulate the noise generated by these vehicles. As drafted, the
ordinance reduces or eliminates noise by curtailing the use of these
vehicles in residential areas and by providing property boundary
distance restrictions; The proposed ordinance does not establish
maximum noise levels because of the administrative difficulties of
regulating the activity in this manner.
The third issue is the status of the existing moratorium. The Planning
Commission recommendation suggests that the issue ofthe
recreational vehicles requires additional study. For this reason, the
moratorium should be extended. The Planning Commission also
recommended the scope of the moratorium be narrowed to include
only off road dirt bikes and motor cross bikes, rather than all
recreational vehicles. This recommendation was based on the
testimony given at the Planning Commission meeting that other
recreational vehicles were not the cause of the problems.
Ifthe moratorium is modified and extended, the length of the
extension must also be determined. An additional 90 days will cover
the summer months, but this amount oftime does not allow staffthe
time to prepare a comprehensive land use ordinance. The staff would
recommend an additional 180 day extension. This provides time to
thoroughly study the issue, to develop some language, and to bring an
ordinance back to the Planning Commission for public hearings. The
180 day extension will also allow us the opportunity to monitor the use
of other recreational vehicles, such as all terrain vehicles, and to
determine ifthese vehicles should be included in future regulations.
Conclusion: The Planning Commission concluded the proposed
ordinance as presently written is too restrictive and should be denied.
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Ii "'
FISCAL IMPACT:
ALTERNATIVES:
However, the Planning Commission also concluded the issue required
additional study, and so made three additional recommendations.
These recommendations, and the staff comments pertaining to each
recommen~ation, are listed below:
. The current moratorium on the use of recreational vehicles should
be modified to include dirt bikes and motor cross bikes only, and
should be extended to allow for further study of this issue. If the
Council concurs with the Planning Commission comments and
recommendation on the proposed ordinance, the moratorium
should be modified to include only dirt bikes and motor cross
bikes. The moratorium should be extended for an additional 180
days.
If the proposed ordinance is adopted, as outlined in Alternative #1,
the Council may also wish to consider the option of extending the
moratorium for 30 days. This extension provides time for the
publication of the ordinance.
. The staff should prepare a new ordinance for the regulation oJ
recreational vehicle race tracks as a land use, and bring the
ordinance back to the Planning Commission for review. This
recommendation is appropriate if the Council determines the
proposed ordinance is too restrictive, but still believes the use of
recreational vehicles should be regulated under the provisions of
the Zoning Ordinance.
. The City Council should consider the development of a noise
ordinance and direct the appropriate staff to prepare an ordinance
for review. The State Statutes and Pollution Control Agency rules
contain noise regulations. While the City has not formally adopted
these provisions, the rules still apply. Development of additional
noise regulations in the City Code will require special equipment,
specialized training and, very likely, additional staff to enforce
these regulations. There is also the question of enforceability of
this type of ordinance, namely, catching the noisemaker in the act.
The Council should consider these factors when making a decision
about establishing City noise regulations and ordinances.
Bud!!et ImDact: There is no direct budget impact of the moratorium
extension. Preparation and enforcement of new ordinances does have
an impact on staff time and resources. The adoption of a noise
ordinance will impose additional equipment and staff requirements
which will affect the budget.
The City Council has three alternatives:
1. Adopt Draft Ordinance #2 approving the proposed regulations on
recreational vehicles and adopt Ordinance 98-XX extending the
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RECOMMENDED
MOTION:
\
REVIEWED BY:
moratorium an additional 30 days to provide for the publication of
the ordinance.
2. Deny the proposed recreational vehicle ordinance and adopt
Ordinance 98-XX modifying the existing moratorium to include
only off road dirt bikes, motor cross bikes and motorized bicycles,
and extending the moratorium for an additional 180 days.
3. Defer this item and provide staffwith specific direction.
The staff supports Alternative #2.
If the City Council concurs with the Planning Commission and staff
recommendation, Alternative #2 is appropriate. This requires a motion
and second to deny the proposed recreational vehicle ordinance and
directing the staff to prepare a resolution with findings denying the
proposed amendment to the Zoning Ordinance. A second motion to
approve Ordinance 98-XX modifying and extending the existing
moratorium for 180 days is also required.
If the City Council wishes to adopt the proposed regulations,
Alternative #1 is appropriate. This requires a motion and second to
adopt the recreational vehicle ordinance. Approval of this ordinance
requires a 4/5 vote of the Council. A second motion extending the
existing moratorium for 30 days to allow publication ofthe new
ordinance is also required.
Frank
1J
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ORDINANCE NO. 98-XX
CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE BY
ADDING CHAPTER 5-9 AND THE PRIOR LAKE ZONING ORDINANCE 83-6 BY
ADDING SECTION 10, REGULATINGIJ:1E USE OF RECREATIONAL MOTOR
VEmCLES
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS:
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
recreational motorized 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 residential neighborhoods Prior Lake residents
value the recreational amenities of the new 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.
NOW THEREFORE, the City Council of the City of Prior Lake does ordain the following:
Section 1.
Title 5 of the Prior Lake City Code is amended to add Chapter 5-9, and the
Prior Lake Zoning Ordinance 83-6 is amended by adding Section 10 as follows:
Subd. 1.
STATE LAW ADOPTED: Notwithstanding any difference in the definition of
motorized recreational vehicles in Minnesota Statues Chapter 84 and this
ordinance, Minnesota Statutes, Chapter 84 as now existing, or as hereafter
amended is adopted by reference and made as much a part of this Code as if
fully set forth herein. City Code provisions relating to vehicular traffic shall
apply to the operation of motorized recreational vehicles upon streets and
highways; and Minnesota Statues, Chapter 169 is hereby is hereby adopted by
reference except those provisions which by their nature have no application.
Subd.2.
DEFINITIONS: The following words and phrases shall have the meanings
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Subd. 3.
ascribed to them for the purposes of this Section:
(a)
Motorized Recreational Vehicle: "Motorized recreational vehicle" means any
motorized two-, three- or four-wheeled or track, self-propelled vehicle used for
recreational purposes, including, but not limited to all-terrain vehicles, trail
bikes, hovercrafts, motorcycles and motorized bicycles. Snowmobiles are
regulated under Chapter 2 and Chapter 9 of the City Code.
(b)
Ooerate: To ride in or on and to control the operation of a motorized
recreational vehicle.
(c)
Onerator: 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 persons, whether incorporated or
not.
OPERATION GENERALLY: Except as otherwise specifically permitted and
authorized, no person may operate a motorized recreational vehicle within the
limits of the City:
A. On any public property, including, but not limited to, parks, school
property, and other government-owned property, but not including
public right-of-way;
B. On any residential, commercial or industrial zoned property, less than
10 acres in size;
C. On any residential, commercial or industrial zoned property, more
than 10 acres in size, without first obtaining a permit as set forth
herein;
D. At any place in a careless, reckless, or negligent manner so as to
endanger the person or property of another or to cause injury or
damage thereto;
E. On any agricultural or conservation zoned 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 of 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;
F. On any agricultural or conservation zoned property within 500 feet of
the property boundary;
G. 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;
H. In a manner that simulates a race or temporary race, or creates or
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Subd. 4.
Subd. 5.
Subd. 6.
Subd. 7.
causes unnecessary engine noise, tire squealing, or causes tires to spin
or slide upon the acceleration or stopping of said vehicles or K>
unnecessarily turn abruptly or sway from side to side.
PERMIT FOR OPERATION ON LAND IN ANY "R", "B" OR "I" USE
DISTRICT: The City Council may permit the use of motorized recreational
vehicles within the City upon lands zoned Residential, Commercial and
Industrial that are larger than ten (10) acres in size, after a public hearing,
conducted according to the hearing and notification process for conditional use
permits. The Council may decide the permit issuance based upon factors that
include but are not limited to, proximity to residential structures and public
lands, noise levels, dust control, traffic control, and that the use will not be
detrimental to the public safety, health or general welfare. The Council may
impose conditions as to the hours of permitted use, numbers of permitted
motorized recreational vehicles in use any single time and the duration of the
permit. Even when permitted, motorized recreational vehicles may not be used
within 500 feet of the property boundaries.
EQUIPMENT: No person may operate a motorized recreational vehicle any
place within the City unless it is equipped with the following:
A. Standard muffler which is in good working order which blends the
exhaust noise into the overall vehicle noise and is in constant operation
to prevent excessive or unusual noise as set forth in Minnesota Rules
Chapter 6100.5700, Subpart 5. No person shall use a muffler cutout,
by-pass, straight pipe or similar devise on the vehicle motor; and the
exhaust system shall not emit or produce a sharp popping or crackling
sound. This requirement shall not apply in the case of an organized
race or similar competitive event as provided under Minnesota Statutes,
Section 84.871.
B. Brakes adequate to control the movement of and to stop and hold the
vehicle under any conditions of operation.
SIGNAL FROM DESIGNATED CITY OFFICIAL OR LAW
ENFORCEMENT OFFICER TO STOP: No person may:
A. Operate a motorized recreational vehicle in the City of Prior Lake after
having received a visual or audible signal from any designated City
official or law enforcement officer to come to a stop, or
B. Operate a motorized recreational vehicle in willful or wanton disregard
of such signal, or
C. Interfere with or endanger the designated City official, the law
enforcement officer or any other person or vehicle, or
D. Increase speed or attempt to flee or elude the designated City official or
the law enforcement officer.
EXEMPTIONS: License peace officers shall be exempt from the restrictions
of this Chapter while operating motorized recreational vehicles in the proper
performance of their duties.
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Subd.8.
PENALTY: Any person who violates the terms of this Chapter 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 exceeding ninety (90) days, or both.
Section 2.
This ordinance shall be effective immediately upon its passage and publication.
PASSED AND DULY ADOPTED by the Prior Lake City Council this
1998.
day of
CITY OF PRIOR LAKE
BY:
Wesley M. Mader
Its Mayor
An.t;ST
Frank Boyles, City Manager
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CITY OF PRIOR LAKE
ORDINANCE NO. 98-XX
AN ORDINANCE AMENDING ORDINANCE 98-05 BY EXTENDING THE
TEMPORARY RESTRICTIONS ON THE OPERATION OF CERTAIN
RECREATIONAL MOTOR VEHICLES
The City Council ofthe 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.
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
WHEREAS, Ordinance 98-05 was adopted to allow time for the study of the use of
motorized recreational vehicles, and
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16200 Eagle Creek Ave. S.c., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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 ofthis ordinance:
(a) Motorized Recreational Vehicle: For the purposes of this ordinance, recreational
vehicles are trail bikes, motorcycles and motorized bicycles.
(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:
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Page 2
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
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 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.
Passed by the City Council of the City of Prior Lake this 6th day of July, 1998.
ATTEST:
City Manager
Mayor
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Page 3
Published in the Prior Lake American on the 11 th day of July, 1998.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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Page 4
ORDINANCE NO. 98-XX
CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE BY
ADDING CHAPTER 5-9 ANDl.tl.l!; PRIOR LAKE ZONING ORDINANCE 83-6 BY
ADDING SECTION 10, REGULATING l.tl.l!; USE OF RECREATIONAL MOTOR
VEIDCLES
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS:
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
recreational motorized 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 residential neighborhoods Prior Lake residents
value the recreational amenities of the new 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.
NOW THEREFORE, the City Council of the City of Prior Lake does ordain the following:
Section 1.
Title 5 of the Prior Lake City Code is amended to add Chapter 5-9, and the
Prior Lake Zoning Ordinance 83-6 is amended by adding Section 10 as follows:
Subd. 1.
STATE LAW ADOPTED: Notwithstanding any difference in the definition of
motorized recreational vehicles in Minnesota Statues Chapter 84 and this
ordinance, Minnesota Statutes, Chapter 84 as now existing, or as hereafter
amended is adopted by reference and made as much a part of this Code as if
fully set forth herein. City Code provisions relating to vehicular traffic shall
apply to the operation of motorized recreational vehicles upon streets and
highways; and Minnesota Statues, Chapter 169 is hereby is hereby adopted by
reference except those provisions which by their nature have no application.
Subd. 2.
DEFINITIONS: The following words and phrases shall have the meanings
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Subd.3.
Subd. 4.
(a)
(b)
(c)
(d)
ascribed to them for the purposes of this Section:
Motorized Recreational Vehicle: "Motorized recreational vehicle" means 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 Chapter 2 and Chapter 9 of this Code.
Ooerate: To ride in or on and to control the operation of a motorized
recreational vehicle.
Onerator: Every person who operates or is in actual physical control of the
motorized recreational vehicle.
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 persons, whether incorporated or
not.
OPERATION GENERALLY: Except as otherwise 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 residential, less than 10 acres in size,
C. On any property zoned residential, more than 10 acres in size, without
first obtaining a permit as set forth herein.
D. At any place in a careless, reckless, or negligent manner so as to
endanger the person or property of another or to cause injury or
damage thereto,
E. 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 of 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,
F. Without lighted head and taillights,
G. 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.
PERMIT FOR OPERATION ON LAND IN ANY "R" USE DISTRICT: The
City Council may permit the use of motorized recreational vehicles within the
City upon lands zoned Residential that are larger than ten (10) acres in size,
after a public hearing. The Council may decide the permit issuance based upon
L:\98FILES\980RDAMD\CITY\98-044\DRAFTORD,DOC 2
..,
:~
Subd. 5.
Subd. 6.
Subd. 7.
Subd. 8.
factors that include but are not limited to, proximity to residential structures
and public lands, noise levels, dust control, traffic control, and that the use will
not be detrimental to the public safety, health or general welfare. The Council
may impose conditions as to the hours of permitted use, numbers of permitted
motorized recreational vehicles in use any single time and the duration of the
permit. Even when permitted, motorized recreational vehicles may not be used
within 300 feet of the property boundaries.
EQUIPMENT: No person may operate a motorized recreational vehicle any
place within the City unless it is equipped with the following:
A. Standard muffler which is in good working order which blends the
exhaust noise into the overall vehicle noise and is in constant operation
to prevent excessive or unusual noise as set forth in Minnesota Rules
Chapter 6100.5700, Subpart 5. No person shall use a muffler cutout,
by-pass, straight pipe or similar devise on the vehicle motor; and the
exhaust system shall not emit or produce a sharp popping or crackling
sound. This requirement shall not apply in the case of an organized
race or similar competitive event as provided under Minnesota Statutes,
Section 84.871.
B. Brakes adequate to control the movement of and to stop and hold the
vehicle under any conditions of operation.
C. At lease one (1) head lamp having a minimum candle power of
sufficient intensity to reveal persons and vehicles at a distance of at
least 100 feet ahead during hours of darkness under normal
atmospheric conditions. At least one (1) red tail lamp, having a
minimum candlepower of sufficient intensity to exhibit a read light
plainly visible from a distance of 500 feet to the rear during hours of
darkness under normal atmospheric conditions. The light must be
turned on and operating when the vehicle is operated.
OPERATION BY A MINOR: No person under 14 years of age may operate a
motorized recreational vehicle within the City limits. It is unlawful for the
owner of a motorized recreational vehicle to be operated contrary to the
provisions of this Chapter.
SIGNAL FROM OFFICER TO STOP: No person may:
A. Operate a motorized recreational vehicle in the City of Prior Lake after
having received a visual or audible signal from any law enforcement
officer to corne to a stop, or
B. Operate a motorized recreational vehicle in willful or wanton disregard
of such signal, or
C. Interfere with or endanger the law enforcement officer or any other
person or vehicle, or
D. Increase speed or attempt to flee or elude the officer.
OPERATION OF MOTORIZED RECREATIONAL VEHICLE WHILE
UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED
SUBSTANCE: It is a violation of state law for any person to operate or to be
L:\98FILES\980RDAMD\CITY\98-044\DRAFTORD.DOC 3
in physical control of any motorized recreational vehicle in the City while
under the influence of alcohol or a controlled substance or under the influence
of a combination of an alcohol and a controlled substance. The definition and
regulatory provisions of Minnesota Statues Chapters 169 and 84 are hereby
incorporated herein and adopted by reference, including the penalty provisions
thereof.
Subd. 9.
EXEMPTIONS: License peace officers shall be exempt from the restrictions
of this Chapter while operating motorized recreational vehicles in the proper
performance of their duties.
Subd. 10.
PENALTY: Any person who violates the terms of this Chapter shall, upon
conviction thereof, be guilty of a misdemeanor, punishable by a fine not
exceeding seven hundred dollars ($700.00), or by imprisonment for a period
not exceeding ninety (90) days, or both.
Section 2.
This ordinance shall be effective immediately upon its passage and publication.
PASSED AND DULY ADOPTED by the Prior Lake City Council this
1998.
day of
CITY OF PRIOR LAKE
BY:
Wesley M. Mader
Its Mayor
AllbST
Frank Boyles, City Manager
L:\98FILES\980RDAMD\CITY\98-044\DRAFTORD.DOC 4
PLANNING COMMISSION MINUTES
JUNE 22, 1998
1. Call to Order:
The June 22, 1 8, Planning Commission meeting was called to or r by Chairman
Stamson at 6:33 p. . Those present were Commissioners Cr r, Criego~.;:!bHx.!cendall,
Stamson and Vonho City Attorney Suesan Pace, Planning rector Do!p:f{ye/,Planning
Coordinator Jane Kans , Assistant City Engineer Sue ermott, ~:~~~8:t Lt. Steve
Schmidt and Recording retary Connie Car1son'::~::~::~~:~.::ij::}:::::..::::::t:::::jj::.i:~::i:~~:::::::.
.:
Vonhof
Kuykendall
Criego
Cramer
Stamson
:':;:::::;::::';'" '::::::::.
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............. ....
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.. ..............
2.
Roll Call:
/
// ":::::::::;=:=;=;=;::" .,.;::=::;.
3. Approval of MinU)~t:' ........ ........./.....:.:.... ...:::.:...:..............
The Minutes from the ~e 8, 1998 Plannin~:.~o..~i~~.l:~~: ::....#~ing were approved as
,:Absent ......
PresenL:::::::::::::::..
Presenf....:::::::t:::::::t::::..
resent ..::::\::::::::::~~::::::::::://:::. . '.:.:.:.:.:.
Pr ent ...
.{~~r::"
--d:<
A. Case.~2~7:9:4~ CONSl:p,f1.R AN AMENDMENT TO PRIOR LAKE CITY
CODE ~pATINi::$e REG'QI&TJ.ONS FOR THE OPERATION OF
M01];!1UZED REC~ATIONA.;lYVEHICLES IN THE PRIOR LAKE CITY
~:~:~i::::::: ':":~:::'...:."
Plannirigiili9prdinator Ja9ia<.ansier presented the Planning Report dated June 22, 1998 on
file in the::l~t'~:~:m;:~ t~:{Wny Planner.
The public heaR'S:Js:to consider regulations for the operation of motorized recreational
vehicles in the P::fi'Or Lake city limits. The regulations may include such matters as
locations for the operation of these vehicles, hours of operation, use of the vehicles,
required permits, equipment standards and enforcement provisions. The hearing is also to
determine what type of regulations, if any, should be adopted.
In the summer of 1997 and the spring of 1998, the City received several complaints
concerning the operation of off-road motorcycles in the area in and near the Titus
Addition. The complaints primarily concerned the noise and disturbance caused by this
activity.
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On April 6, 1998, the City Council adopted a moratorium on the operation of motorized
recreational vehicles in order to allow the City the opportunity to study the issue. The
moratorium is effective for 90 days, or until July 6, 1998, although the City Council has
the option of extending the moratorium for up to 18 months.
Draft #l of the proposed ordinance is the draft sent out for public commentft:lbis draft
includes a definition of motorized recreational vehicles, and other pertineri:Fd~fiffitions,
provisions for the .operation of such vehicles, required permits, equip.m~lt:::~tandards and
enforcement provlslons't::::::::::'li:??:' ..:::t:::::::iili:.:::::::::::t::::..
This draft defines a motorized recreational vehicle as any "n!l#J9xi~g1 two-, iflf~i't.l?r Jour-
wheeled or track, self propelled vehicle designed or used iqr/FldFilitional purpds~l;:}::::::::::::::):::
including, but not limited to all-terrain vehicles, trail b.H@~: hovJfrcrafis, motorcycl~~1.i(trnd
motorized bicycles ". Snowmobiles are not includeq::m::t:his defi~B2n since they af(r:
regulated under a separate chapter of the City COd6f:::::<:ti::::i::ii:::::::::.. ..:::/::::)it::::::ii:t::.
This draft also outlines the location and manner of the op':;J~~I~:pf th~se vehicles.
Essentially, these regulations do not allo~f~A~J:>peration ofmolap.~@,.q:::yehic1es on any
residentially zoned property less than 10 ag~::~n::~~:~x~.on any publ,~~::~roperty, in any
careless, reckless or negligent manner, or H~J~ martrlifwb.i.~l;1 creates loud, unnecessary or
unusual noise which disturbs, annoys or intJt,tyre.w)Vith::'thij:::li~~~ and quiet of other
persons. The ordinance does.JtUqW::::!he operatlafi':'Of motori#.ed recreational vehicles on
residentially zoned parcel~:::gOOafer::mfp11 0 acn;!s,:::w. size with the issuance of a permit,
following a public heatjng~:" Even ~~~ a permit,\pp:>>;@.ver, these vehicles are not allowed
within 300 feet of t~:f!::~~lfu:::~y .~:ji~:;:;:::"::{::::::::::::::t:::::/:.::::::::::):::.
Law enforcement officers::\y.~JkBe"pnlli:aHI)?f~sponsible for the enforcement of this
ordinance. YI9Jeti2P: ofthe'6t9m~ce is considered a misdemeanor, punishable for a fine
not e~::'t:f~pig:::$7d(Zi~~il'i~:::~y irrtp.q~],ent for a period not to exceed 90 days, or both.
Th~(ptpvisions of the pi;!~sed ordinance are similar to the provisions of other motorized
repfeijil2pal vehicle ordi~~ices throughout the State. Many communities have banned the
use onl\ii~tJypes of vehf:i~es in the city limits altogether. In an effort to tailor these
provisioriMt,q::~~le city 9:~:~hor Lake, we have modified the ordinance as shown in Draft
#2. "::::::::ii:::::::::i:::i::;,.:::::\::::" '.
The City receiv~tf'~ome feedback on the proposed ordinance provisions. One ofthe
concerns is the ordinance prohibits the use of all-terrain vehicles even when used for
purposes other than recreation for example, lawn and garden work. Draft #2 addresses
this concern by modifying the definition of a motorized recreational vehicle to eliminate
the word "designed" and to limit the scope of the provisions to those vehicles used for
recreational purposes. In the operational provisions, a section was inserted stating "in a
manner that simulates a race or temporary race, or creates or causes unnecessary engine
noise, tire squealing, or causes tires to spin or slide upon the acceleration or stopping of
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2
said vehicles to unnecessarily turn abruptly or sway from side to side". This provision
specifically addresses the issues of racing the vehicles.
The provision prohibiting the use of motorized vehicles on residentially zoned property
less than 10 acres in size remains the same.
Staff has also revised the ordinance to distinguish public property from puq:~iF.:::~~reets.
Public property typically includes parks, school property and other gove.rWH6iFH:wned
areas. The operation of motorized recreational vehicles on public riggt~fP.f-way is
legislated by State Statute provisions pertaining to vehicle condit!.9p;~nld'~r:~' and other
traffic laws. Speed limits for these vehicles are also included in tq!:::traffic:::l4.w~k The
City cannot legislate the speed of the vehicles on private ~ry~%i)m:.::!:::::\ ..::::t:::::::::lll:::..::ii:::::t::::::::::::::):::
Another addition to the ordinance is a reference to the prt5tedur.~::.for a public heari#gl,:::)::::-.
The procedure for a public hearing will be the same.:~:]p'e conciit.!tma1 use permit ptbcess
with a hearing before the Planning Commission and::rg~~::.by thjR]~ty Council. The
notification requirements will also include mailed notice..'H:~::::gwHers otproperty within
500 feet, and publication in the newspaper. ..:::::::::::::::::::t,:::.
.......... .
.......... ..
.......... ...
.................... .......
Draft #2 also eliminates the provisions gdi1if~tly::99Y:@.red under Stlt~:::Statutes, such as the
requirements for head lights and taillights;::::the op:e1!t~Ap.d?y'...a ~irlHr, and the operation
while under the influence of drugs or alcohdtj,::.::::::,:,::::::::::::.:.::::::fi)::::.. ....::::::::}t.:.::::.:i::::...:.:.i::::::r?::.
,.:.::;::=;:::rrr:=;::::..
Finally, the enforcement Pf9\hst8~:::~~ve been.:t;yised to include any designated City
:c::;::::%p:Z~::l~mance as written, or with changes
recommende~:.:~~.~~.: Plarth~t~III~:~i'g:sI6Hl::::::::::::::..
Questio~~:::1.fhrrllttij~i~:~sione:f~:~..j..:::::::::::tf>.
":::;:;=;:;=;=;=;=;:;:; ;:;:;:::;:::.,
Cri.:~g9:: How does this..:f~!~te to tlif(snowmobile regulations? And what makes this
ditf@i~f8hfrom the snowni,Rpile ordinance?
Kansiefi::'::::':i~\:~owmo~:~:~J:%rdinance designates what streets they are allowed to drive on.
Criego: W1iY::~~9P:'ts~6ti combine the snowmobile use?
Kansier: Sno~qWnes have their own regulations and are not in the zoning ordinance.
They are covere{ftmder traffic and right-of-way laws.
Criego: We could have a similar use of snowmobiles in the winter that would cause
noise in the community.
Lt. Schmidt: It is under the traffic code. You can drive your snowmobile on private land.
Kuykendall: Is noise the issue?
Kansier: Noise and disturbance was a large part of the original issue.
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3
Kuykendall: Is there any decibel level or duration?
Kansier: The ordinance was written as is because there was no other way.
Kuykendall: We haven't solved the noise issue. We're addressing noise pollution.
Rye: The State rules on noise typically are based on a fixed source. It is very difficult to
demonstrate without specific standards for the duration and level of noise based on the
land use that is creating it. You could have a very loud noise in a short pe1j~gJ?.ftime and
you've violated those noise rules. Currently the City does not have the.:~tifg:fdl~s
adopted. The Ci~y has a general nuisance provision about noise. Th.:iJilit:?ellevel would
relate to fixed n01se'{(::::~::J:t::: ..::tt::::J!:I:::::t:t::..
Kuykendall: Were there any studies pulled on noise? \::::::::; ..:::t:::::jj:j:j:j:::t::::::..
Rye said we did not specifically deal with just the noise. ..:.:.:::::.... ..::::::tII:::~::::.:.....:.:{'=::
Comments from the public: ..:::~~(::~:~:r~::::" .:' ":'::;j~::::j!jj:::W(::"
'(f::':':'::::::~~{ff t::::.. ,:::: ...
John Packer, 15325 Edgewater Circle, has concerns with:::~&.~::pr6pose(r ordinance. He
owns motorcycles, snowmobiles and ATV's and understandM:!bf::::problem. People moved
into a development didn't know there wa,~:~~~::J:.<'W.~ course next ddqrl,:::tlJ.w race course
people did not care a development was gdin~r1ijf::::~ailihf:tproblem is #9Jge. Packer uses his
ATV's for many home uses, taking out the:::q9.ck~''JH91~p'g:::!l1.~ h961d~y rinks for kids,
gardening, etc. These are legitimate uses. It!~.. A]:':;'is"'1Mt*!~l)Fquieter than his
snowblower and weed whip. ..::!l!!:::9:tPer concellt:t6'r Draft #~f::Subd. 3, G. "Without
lighted head and tail1igh~:~;::lJ?(::::::::;:::::::t:::::::.':::::J::::~ -=::tt
...... .:.;.::.:: ,,':'
Pace explained the~r th~,:I~ifequiring the headlights during dusk.
Lloyd Lucht, 5960 FlandHiY::2~fae:':'n~g:::Heen4~iking to Councilman Kedrowski and some
of his conceI'!J~,JWXy.been addti~~~d, however what has not been addressed is use in the
winter. ij:~kQ.6t@=tcts~:]i*=::f.\. TV fdF:ym;4J:york in the summer but also uses it in the winter to
gO..::~i:rj:l6 the lake rd~:~li:~::fishin~;I.:j::j~::rf:"
Bf81q!\j~4iller, 13208 HeMlng Circle, noted in reference to Mr. Packer's comments, she
purchasij,~::Brr home in April of97 and there was no race track. Miller uses her ATV in
the winteP~~fhyvet sea~gp::'to feed her horses, (farm use). The race track noise is
unbearable. ..::~tilllt:::'9r'changing anything old, this race track is new.
Tom Cosgrove,:::J~~:l261 Henning Circle, said when he moved in 10 years ago there were
only horses and fields. There have been many police calls. He feels they have been held
hostage on their own property. This activity can be taken elsewhere which it has. He is
in full support of this ordinance. The use of A TV for uses other than racing should be
acceptable. A person should not have to leave their property to enjoy quiet. Once this
ordinance is adopted it can be enforced. This will benefit the majority ofthe people.
Greg Henning, 13171 Pike Lake Trail, owns the race track. Last July he was sent a letter
from the zoning code officer. At that time he followed the noise and setback ordinance.
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4
A few of the neighbors called the police several times. The police could do nothing
because he was compliance with the ordinance. The motorcycles are not any noisier than
a weedwhip or chain saw. Many people are now involved in this issue. It used to be a
neighborhood issue not a City issue. He does not see why the 4 wheelers are involved,
they were never been part of the complaint. The motorcycles do not have head or tail
lights. He has ten acres of land zoned residential. Up until April 6, he was within his
rights to use his property for this reason. Not to be a nuisance. If agricu1tt1,~@:k,ysm have to
get a permit. Setbacks are 300 feet. ..:.:.:.::.:.,,,,,,,.:::::}}:::
.........
A neighborhood meeting was called last September to rectify the:.~:~WaH6fj:::Md hours
would be set aside. The compromises did not come because sorrl,=jldghb8ff,:::Wpuld not
compromise on hours to use the property. They do not want.::l:mXiti9:torcycles'?)til.w
~~~~~~~t ::~e ~:~ ::s ~~:l:. d~,,:\~~i~:~:::l:s~~~ed out. NO~c
.:.:.:.:.'
.... ..
Mike Mankowski, 3171 Butternut Circle, uses his :AfV!:::r.qLrec~~~ti$.A~1 and utility
purposes. He believes there should never have been a pubv':8)J]~:ki.ng.:::-He questioned
many complaints did the City have other than the motorcycUi$,i,).)':A1so, what steps have the
City taken to resolve the issue between t9:!.,Pf1:!:li~s?::.::::':=:.:. ...
\~:~t. . ..:.::;..::::::{:t:::::::::::::::..... .::::::::/
Lt. Schmidt explained the process involve([:hvo.me~lngRiW~.th ~p:e='heighborhood and
could not come to a compromise. There wefi::F t.:~#:':lndH4qP:!~g\vho would not
compromise with a set numb2f::pt::pgurs. Lt. S~pm:idt felt t4~ie was no other resolution
but to go before the Ci:,,:j@UHCiF,II!:deal WitH::~~~.~~sue by ordinance.
R~e expl.ained ~ nu~lf:::p'fresideI}W)appeared b~I9H:;.the City Council who then directed
thIS publIc heanngJ::. ...::<::)):):):):):i:,,::. ..::,:=:::)):):):):)::/):::=:=:mm:m::r:t,:::'::::,:::::::::():::::r::
..::;:::;:;:;:;:::;::....::::=::::.. .............:.:.:.::::::::::;:;:;:::=;=;=:=:=:=:=:::=;:;:::.-
Mankowski ':Y~nt9p. to say th~:)i~:a noise issue not an A TV issue. Contrary to what was
said ear1~f:(~)=t&Sfdea~:')Wx not erttl~~~g,J@::peace and quiet. If someone wants peace and
quiet !n#y.should bUY\49p,acres an4.)'p'lot a house in the middle of it. We are entitled to a
rea.~9!~ble amount of p.eii~ and qttfet. Prior Lake is surrounded on three sides by rural
ProP.hThe fact is thafjle have decibel meters available to the City. They are used on
the laki%mmt!,cket people t@r'unusually loud boats. It will take a little bit of effort for
enforcenie~Mt!! would,Afl':better than restricting the ATV rights of other residents. When
my neighbot':t~9mpl~!~k"about the noise is the City going to come out and plow and lift
out my dock. .A~:jifi=at point do we give in to every phone call and complaint and adopt a
new ordinance?:,(Mr. Mankowski stated he could solve this problem between the parties
and we wouldn't be talking about it again. If City Council passes this ordinance they are
sending a message to the community that they would rather take the easy way out and
pass new restrictive laws rather mediate a peaceful solution that does not infringe on the
rights of law abiding A TV owners.
Jim Space, 16094 Eagle Creek Avenue, said he does not know either party in dispute and
has no gain either way. Mr. Space uses his ATV to remove his fish house, landscape,
remove milfoil, and for commercial and developing property. The use ofthe ATV is not
I :\98files\98p1comm\pcmin\mn062298.doc
5
a toy it is a real utility use. He is against the ordinance because there are so many good
uses for ATV's. A noise ordinance should be figured out without enforcing this
ordinance. If the parties can not work out the issues the City and police should work with
the people.
Roseanne Campagnoli, 13200 Henning Circle, believes Oakview Estates had been there
when she arrived. Agreed with both sides of the issue. But common sens~::?!m4.,fact
should prevail. There is a lot of rhetoric and emotions involved. No on~:;j$:::igaihst the
recreational vehicles. We are only asking for common sense. The P~9BIiY was turned
into a professional track that brought people from outside Prior L.,~!s~f':'1f'M",~he
continual noise that brought us here. We are not a country club eljy~ronmea1*::tQur taxes
are hefty and we expect something in return but so does GregiMfwupg. Gov';;~;';f:f.@nt
should do what is best for the majority. It is not two parti,~#:~HIMHrare many resrd~i~~:::::,:::::,?:,
from the Pike Lake area. I am embarrassed and resentfut::that tIY:~ is portrayed as a'::lUde
back fence tiff between the country club and propertW:9;w.ner. Re,~P.1 to the facts alia
make sensible decisions. Let's take a candid look *1iefi!::g9pd cJt~*eQ!:Jried to handle the
issue. It was brought to the next level. Make sensible dd~i~~9p.ton an recreational
vehicles. Also a group of people have b~,~]f~::,~ed to live wn~il'i:;:~:::,::~:;:,their front yards.
Chris Deanovic, 14122 Louisiana Avenu~~::!~tt~::!ij::!~m;g~r concern, if:i~W{noise issue today.
Prior Lake is a recreational community. Wljrre I!f'lt.J:Ji.9m&:,Jp st2pf.t"Tomorrow will it be
snowmobiles, personal watercraft etc. Ifwe?gp thMriod:~)qinffls to say a bunch of people
who live on the lake hear a sl1RwmBpile at 12'!i!9::lt night a~l:fnow we're going to ban
snowmobiles. Once y~:~:::!~J~ijHhe::':~I~: step the '~'~:~",,:::~p is easier.
Doug Nagel, owns ~,ri9.r:;:;Lake Poll:lins~ When he w~rresearching this issue last summer
.............. ..... .....
he talked to Frank n'b'yiij,j::?fpo ,W:!I,::m;nrBaQ,{,)i#k'e is a recreational area. Agreed with
others it is a noise issue. "'E!~Q!!#~e'ormls::l~sfi&''t have lost many sales in the last three
months. ~~li:~:,:Hl~,:,differerlq~::l'Xou want to plow your yard with an A TV or your kid
wants to,::up.,tfafbtinq:l:8S)rard? ",:::::::!::::!:!::!:::::::::{:::::?:,
..::::~!~!!r:"" ..::::ti~~i~ft~::;. ..:t!t1f;;::"
............ ...................... ............
...... .......... .....
Kuy!Widall questione(f:\y~t kind::'B"fmuffler system could be used? Nagel said any ATV
in.::HiS:::~~m~:;t~,~ quieter th111'JOhn Deere tractor.
Guy Ohlartqf:::::~,:~391 V~[jhs Avenue, Dist. 23 Motorcross Vice Chairman for the AMA,
said there wei#,::! ?:~9tvr't'and misquotes in the paper. Both parties have rights. Instead of
banning all moHf.~y.61es why not limit their use? Why the extreme measures? Why
group in the A T'~:s and dirt bikes? Instead of everyone getting excited and shutting
down try for some middle ground. There is a way of quieting motorcycles, but is slows
them down. It is part of the motorcycle.
Cramer: Are there any other practice facilities other than personal property? Ohland
responded there are a few private tracks. The closest is 70 miles away in Zumbrota, the
next one is 100 miles away. Jordan has one tentatively set up for one to two days a
month. The State is working for recreational areas. One possibly in the this County.
I :\98fi1es\98plcomm\pcmin\mn062298.doc
6
Rye asked when they are done practicing where do they compete? Ohland responded
Zumbrota, Brainerd, Deer River and Texas.
Bruce Hennen, 4671 Martindale Street, the issue is the ATV's are used responsibly, as
long as they are not used carelessly, a few bad apples wreck it for everyone. This is a
safety issue for the people in the community. When there are 10 or 12 bikes in a small
area it is too much. Our rural area is being squeezed every day. Maybe thtfP.l9torcycle
people can buy some property. Motorcross bikes are the noisiest. Not tly;?ATV~g. The
noise goes out for over a mile. Put them in your back yard for an holl,p::::::::W- e are
residential and should not have to listen to this. It would be okay.9y'f'lrt:~tp:~d~ountry. It is
the people who use the vehicles that create the problem. This is ~8~f:ething~::~h!t.happened
last summer. The windows are closed in the winter from the.~g9:wiij9.bile nOl~i~:::::n;r.ese
dirt bikes are not licensed and do not have lights. Not on1.Y:::~$~YMr:S6Und disturblHg:::M~:Rt~::.
the dust and dirt. Commend the City Council for the p':~'e and.:::9,uiet that has beeri:j:::::::::r~;:::"
brought back to the neighborhood. .':::::::::' ..:\::~:~):. .(f:"
.................
.......,..........
..... ...........
..... ...........
.... ."........
'.:.' "::;:;:;:::;:::;:;:;" ;;.;.:.:.:.;.' . . . "~':'::::::::"
Lori Ohland, 18391 Vergus Avenue, said this is about comptg#iises.":::We have an 11 1/2
acre parcel in Spring Lake Township. But we do not let oui::ijwlqren ride at all hours of
the day. We respect our neighbors. ... ..::::~~:::::~:::::~::t::::::::::{/
The public hearing was closed at 7:40 p.m:\f~:
Comments from the Commi~~jQn.ers:
Stamson: ,,::;:;:;:;:>' ~:~:~:~:i:i: :::::::::::;:.:;:::::::::.
. It is unreasonab!~::~g'::p'an all re.s'ational use i.n::ihe City. There are a lot of valid uses.
People have poHitea::Q9tthi~:~g!g~A!n9~:::~nHM1:::tIiings that are not necessarily
problematic. .... ::."::;::::~:::::" .:.:.:....:.....
. Some re.:~:t,2BMBB~:...are app'I'qBm~te, hours of operation, property setbacks.
. The.H@Fp:f6bIgfiji::~~Hltrack w~~:~:4@yeloped for private use. A conditional use could be
iI}g~rporated with8q~:~fnning .fi6feational vehicles in the entire City.
..::::::::t4t~i~::::::~dinance far t~'lystrict1Ve for the City of Prior Lake.
Kuyked(~BUi .::::.
. Fundarti#'utiPY it .~~:::~:::noise issue.
. Would liklfl9:::~~:::a recommended approach to regulate the level of noise. Any
consistent u~:~:::ot anything is annoying.
. A major issHe in United States is noise pollution.
. What is an acceptable level of noise? Living on the lake, there is constant noise.
. Get scientific evidence from professionals, such as Boston, to pin down an acceptable
level of noise. There are other ways to address the issue.
. The ordinance is unacceptable. It is not political.
. Consider tabling the issue.
Criego:
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7
· First of all, this is a recreational area. We spend a lot of time protecting our lake,
parks and trails. People move out here for the recreatiOIial uses.
· To outlaw some ofthe recreational vehicles is not right when the issue is noise.
· There are other recreational issues that disturb neighborhoods.
· There has to be a way to regulate noise.
· What happens when my neighbor has a band and is too loud? Lt. Schml~t responded
with the procedures. ..::::::!!!!!iI!}:}==:::==:=::::
· Why wouldn't the nuisance laws address the issue and had to come.:,JF,{=tflls poInt? Lt.
~chmidt responded it is a code issue and there is a court date in ..lMfY1!ir~ling with this
Issue':@{!!!!j!ir:" "::::::jj!:!!!Iit=:::::..
;ri~i;~~~:;~~;d;;;~;;::l:::;~orero:\!.
· There are valid uses in the community. We are not R1qaf::~=:~)bi'11&pkins where it
would make sense to ban all recreational vehicles becails~!i! ID:~y have small lots and
: ~:s:~:iE::;~~r.:~;~~s~~
· Dirt bikes stay in one area which makes':=l:~i!:r ~:j~FU's'@il~~I!w:?:'
::;::;:::.::;:;:;::., ,.::!=!=?;.,
Stamson said the general Sg"$@ri~v,~:,1w we are ri't:comfortab'le with this ordinance.
,.;:;:::;:::.' :::::::::::::;: .:::::::::.
Cramer ask staffW~d ha~~oners denied the ordinance.
Rye said you have many"hmsgp=S:;'::ilBF6ff:thifidfdinance - one way or the other; based on
testimony toni.&nt~..make cO'n;f,1Mt?ns to draft or provide direction that heads off in an
entirel~{t:~{~;:Z;a::a.~~!ij~~~~' ..::::t:!!:1:!il:lli/I!!!ji!1:::!::::::?::'
Stanmph recommended===~ip:ying th~:::proposed amendment and recommend the staff come
ul1::$4,~gj:~:ome kind of or~llimce relating to specifically developed tracks and conditional
use p~i:4;';t~=Jor them. It )'fguld be a land use issue which can be addressed beyond the
noise. Th~~.11~i!!!:::~c~::::':!@tudY the noise issue.
Rye suggeste(f:f.~;M;'i:mending to Council they deny the proposal along with your
additional reco~endation in trying to resolve this issue.
Kuykendall explained the Commissioners have been discussing noise problems for a long
time. It is costly to enforce but the City has to shift and hire more people - it will cost the
residents more bucks and residents don't want tax increases. Ifthis wasn't important the
residents wouldn't be here. The City needs to address noise over all and asked that this
subject be tabled and look for the cost of enforcement.
Rye pointed out the City works on complaint basis.
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8
Criego said the police have been there time and time again. There is nothing for them to
enforce. This body cannot address it We do not have the power to come up with a noise
ordinance.
Rye ifthe City was going with State standards, it would not be in the zoning ordinance.
It would be in the City Code enforced probably by the code enforcement office. It is a
whole separate and broader issue. This is a land issue, its use of the proper.m:L~~fety and
noise. To the extent you are not satisfied with this ordinance, make rec.9wmeHd'titions
;~;:;;~~:;~;;;~oC:~:1::u7::~:;:eY~1~
Kuykendall suggested the moratorium be lifted and de'!J6.vhh th~ other issues. Thi'~:::~~hlot
the Planning Commission's jurisdiction. We can coJ):~[the hOrl!%york, and then, .6Ksed
upon our findings make a recommendation with soffie::l~f:~Wgel}s~H$,:itp.e City Council.
Pull the information and find out the cost of the City for 'gilq.wemenC" Part of it might be
a conditional use.
Stamson: It is a land use issue which can :~~.;:;~a'~~~r9.: much fast~f::1hii"I an entire City
noise issue. Then look at noise. "::::"':"::;::':';j:.:.:::::::::j::::::::.::::::::m:\::\:::;:;;::::: .':'::':
Cramer suggested: ...::::::::::;::.:.:::.:.::.....::..:... '.:::::::: .....
: g~~g~~c:Ez:::a:::st:::::e::::S~ff-
. Recommend City cOl.ihQ,~:l::Br staff adClTe:s:ifihe noise ordinance and determine who
should qr~k:W:!!AJpe nois'EPql!p.ance and set a date or dead line for this ordinance to
be redi.Mlea~::::::::::::::::r:::?:::::::\:;:.. ..::y... ..::;;;:'.
. . ........:.:.:.:.:.:.:.:..
.;.:.:.:.:.:.:.'
11.@:;ii,yN BY CRAME~~:::~ECONb BY CRIEGO, TO RECOMMEND TO CITY
CbmID.IL DENIAL OF::mRDINANCE 98-XX AN ORDINANCE AMENDING TITLE
":':':':':':':':':;;" :.:.:.;.:.:. '
5 OF IftW::MlPOR LA.I<J:::CITY CODE BY ADDING CHAPTER 5-9 AND THE PRIOR
LAKE zd.Q ORQJ~'ANCE 83-6 BY ADDING SECTION 10, REGULATING THE
USE OF RE0~#lbNAL MOTOR VEHICLES.
....
V ote indicated ~yes by all. MOTION CARRIED.
MOTION BY CRAMER, SECOND BY CRIEGO, TO RECOMMEND THE CITY
COUNCIL MODIFY THE CURRENT MORATORIUM BANNING ALL OFF ROAD
VEHICLES TO BANNING ONLY OFF-ROAD DIRT BIKES USED IN RACING AND
EXTEND THE MODIFIED MORATORIUM TO ALLOW FURTHER STUDY OF
THE ISSUE.
1:\98files\98plcomrn\pcmin\mn062298.doc
9
Vote indicated ayes by all. MOTION CARRIED.
MOTION BY CRAMER, SECOND BY CRIEGO, TO RECOMMEND STAFF TO
COME TO THE PLANNING COMMISSION WITH REGULATIONS FOR RACE
TRACK OR OTHER MOTORIZED VEHICLES THAT CAN BE USED IN THE CITY
LIMITS.
................................
Vote taken indicated ayes by all. MOTION CARRIED. ..:::(Jf:::::::::::::::::::::::tt
MOTION BY CRAMER, SECOND BY CRIEGO, TO REco~i:ilm&FF OR
CITY COUNCIL TO COME UP WITH A NOISE ORDINANC~:iiiiiif ..:::\tI:::::::::::::..
RECOMMENDATION TO THE APPROPRIATE BODY FJ{&:~rROV Abfiiiil2T
SPECIFIC TO THIS ISSUE BUT GENERALLY RELA Tp:::itTiSSUES ..::::t:::::I1::::::::::::::::/i'
THROUGHOUT THE CITY SUCH AS BUT NOT E.a,EtJSI);,:T. TO MOTORIZ.~p:::(::"
Discussion:
Find out what other cities are doing and r,~I~I:i:it:;:~:~::....
A discussion followed regard.:i,P&RPpnnerciar'r,$@'feation not,::lncluding race tracks or any
~~~;;;;;~~::'::::~::~::::~O::es
"::;:;:;:;:;:;:;:;::"
;(~~~::t:gth~c:~:~:~:i::::~:.6.
B. "::::q~~:~ #98-077 a!t!f98-078 CONSIDER A C DITIONAL USE PERMIT
AND A .......i.::.:::~lMIN~Y PLAT FOR THE PR CT TO BE KNOWN AS
GL YNW A '. ..::::::...::\;;:: ..:::::f):::"
..::::~:!::::::::.:.:.:::::::::..
Planning CoordiH:i~~r Kansier pre ted the Planning Report dated June 22, 1998 on
file in the office of the City
Wensmann Realty has applie or a Co . ional Use Permit and a Preliminary Plat for the
property located on the s side ofCSAH 'ust west of Fremont Avenue and directly
south of the entrance t he Wilds. The applicatio . ludes a request for a conditional
use permit to allo~ e development of the property willi townhouse units, and a
preliminary pIa onsisting of 109 lots for the townhouse units open space.
I :\98files\98plcomm\pcmin\mn062298.doc
10
)
,
.......-"1..
11-3- 1
11-3-2
CHAPTER 3
OFF-ROAD VEHICLES; COMBUSTION ENGINES
SECTION:
11 -3- 1 :
11-3-2:
11-3-3:
11-3-4:
11-3-5:
11-3-6:
Definitions
Operation of Combustion Engines; Equipment
Operation of Off-Road Vehicles
Applicability of Provisions
Prohibited Operations
Violation; Penalty
11-3-1 :
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 turbine
engine. (Ord. 73-12, 7-2-73)
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, all train vehicles, tractors, four
(4) wheel drive jeep-type vehicles. It is further
specified that an off-road vehicle shall not include a
snowmobile. (1979 Code)
11-3-2:
OPERATION OF COMBUSTION ENGINES; EQUIPMENT:
(A) No combustion engine, except a chain saw, shall be operated within the City
without a muffler which will effectively muffle the exhaust noise of the
engines. Said 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
j
".
"'''''''
11-3-2
11-3-4
operation. No person shall use a muffler cutout, bypass, straight pipe
or tuned exhaust and said exhaust system shall not emit or produce
a sharp popping or cracking sound. (Ord. 73-12, 7-2-73)
(B) No chain saw shall be operated within any platted or residential area
except to trim or fell trees on the premises and cut up said trees or
to cut up wood 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 shall be prohibited. (Ord.
9-28-81 )
11-3-3: OPERATION OF OFF-ROAD VEHICLES:
(A) No off-the-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 1.
(B) 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,
except a recognized motorcycle club may, by prearrangement with
the City Council, make other arrangements which will be satisfactory
to the City Council2.
(C) No motorcycle races or races between off-road vehicles will be
permitted anywhere in the City without the written permit from the
City Council. (Ord. 73-12, 7-2-73)
11-3-4: APPLICABILITY OF PROVISIONS: Nothing in this Chapter
shall be intended as a prohibition against the operation of
legitimate farm machinery, construction equipment, lawn mowers, garden
tractors, gasoline powered cement mixers, air compressors or similar
equipment; provided, however, that operation of a gasoline or combustion
engine between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00)
A.M. Monday through Friday; ten o'clock (10:00) P.M. and seven o'clock
(7:00) A.M. on Saturday and from ten o'clock (10:00) P.M. and eight o'clock
(8:00) A.M. on Sunday shall be illegal without a written permit from the City.
(Ord. 95-11, 7-17-95)
1. M.S.A. chapter 169.
2. See also Title 9, Chapter 3 of this Code and Section 11-2-2 of this Title,
1295
City of Prior Lake
i
! -
~ -------,. - ~ -~ -
) ,
11-3-5 11-3-6
11-3-5: PROHIBITED OPERATIONS:
(A) 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 loud 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.
(8) 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.
(C) It shall be illegal to operate any off-road vehicle while under the
influence of intoxicating liquor, narcotics or habit forming-drugs.
(D) No person shall permit a use of his premises or his property by any
off-road vehicle or combustion engine in violation of the provisions of
this Chapter 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:
1. If said owner has granted written permission to the operator, or
2. A parent permitting the use of property by a minor child in
violation of this Chapter. (Ord. 73-12, 7-2-73)
11-3-6: VIOLATION; PENALTY: Any person violating the terms of
this Chapter shall, upon conviction thereof, be found guilty of
a misdemeanor and shall be punished by a fine not exceeding five hundred
dollars ($500,00), or by imprisonment for a period not exceeding ninety (90)
days, or both. (Ord. 73-12, 7-2-73; amd. 1979 Code)
1295
City of Prior Lake