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Home My WebLink About9D - Regulation of Off-Road Motorcycles MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ALTERNATIVES: CITY COUNCIL AGENDA REPORT SEPTEMBER 7,1999 9D DONALD RYE PLANNING DIRECTOR CONSIDER APPROVAL OF ORDINANCE 99-XX REGULATING THE USE OF OFF-ROAD MOTORCYCLES Histol)' During April, May and June of 1998, the Planning Commission and City Council considered the issue of regulating recreational vehicles in the City. A proposed ordinance was rejected and staffwas directed to develop a new ordinance. Current Circumstances The attached Planning Commission agenda report discusses the basis for the proposed ordinance. Essentially, the proposed ordinance regulates what the Federal rules call competition bikes. These are bikes which do not meet Federal noise standards and cannot operate legally on public streets. Federal rules require labeling all motorcycles according to compliance with Federal noise standards and makes it a crime to either alter the labeling or to alter a motorcycle in such a way that Federal noise standards are violated. The proposed does not deal with street-legal bikes but only with the competition bikes. During the hearings on this issue, it became apparent that noise was the critical issue to be addressed. Because competition bikes are unmuffled, they present the greatest problem so the proposed ordinance focuses on them and eliminates four-wheelers and street- legal bikes from the ordinance. The proposed ordinance is quite simple. It prohibits operation of competition bikes within 1000 feet of property zoned for residential purposes or residential structures. Issues As noted, noise was the largest issue involved with these vehicles and staff believes this an effective way to deal with it. 1. Adopt ordinance 99-xx regulating competition motorcycles in the City. 2. Deny ordinance 99-xx regulating competition motorcycles in the City. 1620~.MilJ9Es\~tAw.960oo7~nbmcLake, Minnesota &5372-1714 / Ph, (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER RECOMMENDED MOTION: REVIEWED BY: 3. Refer the issue back to the Planning Commission for further consideration. L:\99FILES\990RDAMD\9D090799.DOC 2 PLANNING REPORT AGENDA ITEM: SUBJECT: 4C CONSIDER AMENDMENT TO ZONING ORDINANCE REGULATING THE USE OF OFF-ROAD MOTOR CYCLES N/A DONALD RYE, PLANNING DIRECTOR _X_ YES _NO-N/A AUGUST 9, 1999 SITE: PRESENTER: PUBLIC HEARING: DATE: BACKGROUND: During April, May and June of 1998, the Planning Commission and City Council considered the issue of regulating recreational vehicles in the City. A proposed ordinance was rejected and staff directed to develop a new ordinance. DISCUSSION: During consideration of the last ordinance, one of the primary difficulties which was identifies had to do with defining and measuring noise levels from the vehicles being considered. Noise monitoring is technically difficult to do properly and the necessary equipment is expensive. There is also the practical difficulty of having the equipment on hand when a violation is observed. As a result, staff looked at other ways to address this issue. It was learned that motorcycles are subject to Federal noise standards and testing requirements as a condition of sale. The Code of Federal Agency Rules contains a section dealing with the testing methodology manufacturers must follow as well as the noise standards the motorcycles must meet as well as a requirement that all motorcycles be labeled according their compliance with the noise standards. The Code identifies three types of motorcycles: street bikes, off-road bikes and competition bikes. Street bikes and off-road bikes must meet Federal noise standards and are labeled accordingly upon satisfactory completion of the testing procedure. Competition bikes do not meet the noise standards and are labeled to indicate that they may only be operated on closed courses. They may not be operated on a public street or highway. During the course of the hearings last year on the proposed ordinance, it became fairly obvious that the single largest issue was noise. Competition bikes, because they are unrnuffled, present the greatest problem so it was decided to focus the new ordinance J.:\92fi1e.s.\99ordall1d\zowng\99dl26\99026pc.dp<s Page 1 16200 t:agle creeK Ave. ~,t.., Prior LaKe, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER >........~...A;..A ..:r:___...:....J>..."'Io--=-.......;.............-~...o..t~.,.....-~."-..:........-..r...:....-.......-"............, ............. " ....,-, ..__~ -- "....',M';" ...:..:. ~ ..._.._.._ ~'M.. ......,--........ . -~. exclusively on them and eliminate four-wheelers and street-legal motorcycles from the ordinance. The proposed ordinance is very simple. It adopts the definition of a competition motorcycle from the Federal rule and restricts their operation in the City to property which is more than 1,000 feet from a residential structure or property which is zoned for residential purposes. ALTERNATIVES: 1. Recommend adoption of Ordinance 99-XX regulating the use of competition motorcycles 2. Recommend denial of Ordinance 99-XX regulating the use of competition motorcycles. 3. Continue the hearing for cause RECOMMENDATION: Alternative 1 ACTION REOUIRED: Motion to recommend the City Council adopt Ordinance 99- XX regulating the us e of competition motorcycles - 1:\99files\99ordamd\zoning\99-026\99026pc.doc Page 2 ~~<"";" "'!1'~,~l"" .,. .II'RI' "'H'","'~~ ," b' <...",,~ ,'11.. \ ..~".~~~~~ '. ~ CITY OF PRIOR LAKE ORDINANCE NO. 99- XX AN ORDINANCE AMENDING SECTIONS 1101 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: 1. Section 1101 of the Prior Lake City Code is hereby amended to add the following language: 1101.1100 REGULATION OF COMPETITION MOTORCYCLES. Purpose: The unrestricted use of competition motorcycles creates a disturbance by reason of excessive noise and dust and interrupts the peaceful enjoyment of property in proximity to the use of such vehicles. Therefore, these regulations are intended to limit the adverse consequences of such use while allowing their use under specified conditions. 1101.1101 DEFINITION, COMPETITION MOTORCYCLES. Any motorcycle that is designed and marketed solely for use in closed course competition events and is subject to the labeling requirements of 40CFR Volume 16, Parts 190-259, Section 205.158 Each such motorcycle shall carry a label which reads "This motorcvcle is desilpled for closed course comoetition onlv. It does not conform to U.S. E.P.A. motorcycle noise standards." 1101.1102 OPERATION. No competition motorcycle shall be operated within the City limits within 1,000 feet ofa residential structure or property zoned R-S, R-l, R-2, R-3, or R-4. This ordinance shall become effective from and after its passage and publication. Passed by the City Council ofthe City of Prior Lake this 7th day of September, 1999. ATTEST: City Manager Mayor Published in the Prior Lake American on the 11th day of September, 1999. Drafted By: City of Prior Lake Planning Department 16200 Eagle Creek Avenue Prior Lake, MN 55372 1:\99fi1es\99ordamd\zoning\99-026\draftord.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