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HomeMy WebLinkAbout8B - Snowmobile Ordinance Requirements AGENDA #: PREPARED BY: SUBJECT: DATE: 8B DICK POWELL, CHIEF OF POLICE CONSIDER APPROVAL OF ORDINANCE 97-xx REVISING THE SNOWMOBILE ORDINANCE REQUIREMENTS JANUARY 6, 1997 INTRODUCTION: The purpose of this agenda item is to update the current snowmobile ordinance so it is consistent with state law. BACKGROUND: It is necessary to occasionally update ordinances so they remain consistent with changes made by the state legislature in state law. When ordinances are updated it also creates an opportunity for the city staff to correct or simplify ordinances so they can be interpreted more easily. The Prior Lake snowmobile ordinance has not been updated for more than ten years. DISCUSSION: The current city ordinance is difficul t to follow specifically when it addresses which streets may be used by snowmobilers. The new ordinance breaks roads down into categories of state, county and city and then explains which roads are permissible to ride on. The proposed ordinance also brings the city ordinance into compliance with the new law that makes snowmobilers travel at all times with their lights on. Prior Lake's ordinance also needs to be updated to reflect the current fine ceiling. The current ordinance shows a maximum fine of $500 which is dated and should read $700. ISSUES: Prior Lake is an urbanizing community and a recreational community. The revisions to the ordinance attempt to balance each of these facts. I have provided the new ordinance to the Snowmobile Club presidents and have discussed its provisions. They do not have any major concerns. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER ALTERNATIVE: RECOMMENDATION: The following alternatives are available to the City Council: 1. Approve Ordinance 97 -xx and update the current snowmobile ordinance. 2. Table the agenda item for a specific reason. 3. Deny the request to update the ordinance. Alternative 1. Approve Ordinance 97-xx that updates the current snowmobile ordinance and brings it into compliance with state law and direct the staff to implement and publicize the revisions. 12/31/96 12:37 '5'612 405 9845 CAMPBELL KNl~SON I4J 002 ORDINANCE NO. CITY OF PRIOR LAKE SCOTT COUNTY, MINNESOTA AN ORDINANCE Al\1ENDING TITLE 6 OF THE PRIOR LAKE CITY CODE CONCERNING SNOWMOBILES THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS: SECTION 1. The Prior Lake City Code, Title 11, Chapter 2, is amended in its entirety to read: 11-2-1: DEFINITIONS: The following terms as used in this Section shall have the meanings stated. PERSON: Includes an individual, partnership, corporation, the state and iLs agencies and subdivisions, and any body of persons, whether incorporated or not. SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice steered by skis or runners. OWNER: A person, other than a lien holder, having the properly in or title to a snowmobile entitled to the use or possession thereof. OPERATE: To ride in or on and control the operation of a snoWDlobile. OPERATOR: Every person who operates or is in actual physical control of a snowmobile. ROADWAY: That portion of a street or highway improved, designed, or ordinarily used for vehicular travel including the shoulder. RIGHT-OF-WAY: The entire strip of land traversed by a street or highway in which the public owns the fee or an easement for roadway purposes. 44.093 12/31/96 12: 38 "a'612 405 9845 C.\MPBELL KNl~SON 141003 STREET OR HIGHWAY: The entire width between boundary lines or any way or -place when any part thereof is open to the use of the public, as a matter of right. for the purpose of vehicular traffic. SAFETY OR DEAD- MAN THROTTLE: A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. 11-2-2: APPLICATION OF OTHER LAWS: A. City Code provisions relating to vehicular traffic shall apply to me operation of snowmobiles upon street and highways; and Minnesota Statutes, SectiollS 84.81 through 84.49, and Minnesota Statutes, Chaprer 169 are hereby adopted by reference except those provisions which by their na[Ure have no application. B. The City Council may by resolution prohibit the operation of snowmobiles within the right-of-way of the public roads or streets or other areas within the City, when in Lhe opinion of the City Council the public safety and welfare so requlre. 11-2-3: OPERATION ON STREETS AND illGHWAYS: A. County Hi ghway 13. Snowmobiles may be opera[ed ill dIe ditch along the outside bank but may not be operated on the roadway surface except to cross at right angles. B. County Roads. Snowmobiles may be operated in the ditch along the outside bank but may not be operated on the roadway surface except to cross at right angles. Where curbs or sidewalks exist and no ditch exists, travel is not allowed on the roadway surface. C. City Streets. Snowmobiles may be operated on City Streets, except Main Avenue~ in single file, on the most right-hand lane when available for traffic or as close as practical to the right-hand curb or edge of the roadway, except when passing another vehicle stopped in that lane. When using City Streets a snowmobile may travel at a speed no greater than ten (10) miles an hour. Snowmobiles may cross Main Avenue at right angles but may not travel along the Avenue. 4~Q93 2 12/31/96 12:38 'a'612 405 9845 CAMPBELL KNl~SON [41004 D. A snowmohile may make a uirect crussing of a street or highway if: 1. the crossing is made at an angle of approxtmately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe cTossing; and 2. the snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and 3. the operator yields the right-of-way to all oncoming trat'tic and pedestrians which constitute an immediate hazard; and 4. in crossing a divided highway. the crossing is made only at an intersection of such highway with another public street or highway; and 5. the snowmobile must have both front and rear lights on. E. Notwithstanding any prohibition in this Chapter, a snowmobile may be operated on a public thoroughfare in an emergency during the period ot' time when and at locations where snow upon the roadway renders travel by automobile impractical. 11-2-4: OPERATION GENERALLY: Except as otherwise specifkally permitted and authorized, no person may operate a snowmobile within the limits of the City: A. On any sidewalk or pedestrian trail unless specifically designated for snowmobiling within the City. B. On City Streets at a speed exceeding ten (10) miles per hour. c. On Main Avenue except to cross at right angles. D. On any school property, church property or within a cemetery. E. No snowmobile may be operated within the boundaries of the: Lakefront Community Park of the City other than on trails designated within Lhe park for snowmobile traffic. (Ord. 74-6. 5-6-74) F. On a public bike path, unless it is posted with sIgns authorizing the use of snowmobiles. 1,4093 3 12/31/96 12:39 '5'612 405 9845 CAMPBELL KNUTSON 1lI005 G. On 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 Lhat the owner, oc.cupam, or lessee prefers, so long as it specifies the kind of vehicles allowed such as by saying n Snowmobiles Allowed," or other words substantially similar. H. At any place in a careless, reckless, or negligent manner so as to endanger the pt::rson or property of another or to cause injury or damage thereto. 1. Without a lighted head and taillight. J. In any tree nursery or planting in a mannt::r which damages or destroys growing stock. K. Exccpt in a health related emergency, to tow any person or thing on a public street or highway except through the use of a rigid tow bar attached lo Lhe resL uf the snowmobile. L. At a speed greater than tcn (10) miles an hour when within one hundred (100) feet of any lakeshore, person, ice houses or skatiJJ.g l'i.nks~ nor shall operation he permitted within one hundred (100) feet of any sliding area nor where the operation would conflict with the lawful use of properly or would endanger other persons or property. M. In a manner so as to create a 10ud~ unnecessary or unusual noisc which disturbs, annoys or interferes with the peace and quiet of other persons. N. There shall be no snowmobiling between the hours of eleven o'clock p.m. (11 :00 p.m.) through seven o'clock a.m. (7:00 a.m.), e;l(cept that on Friday and Saturday evenings and New Year's Eve evening, snowmobiling shall be allowed until two o'clock a.m. (2:00 a_m.) of Lhe following day. (Ord. 73-22, 12-17-73) 11-2-5: EQUIPMENT: No per!;on may operdte a snowmobile 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 oveJ:all snowmobile noise and is in COIlScant operation to prevent e^cessive or unusual noise as set forth in Minnesota Rules Chapter 6100.5700, Subpart 5. No person shall use a muffler cm.o'llt, by-pass, strdight pipe or similar device on the snowmobile 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 Sratlltes, Section 84.871. 44093 4 12131/96 12:39 '5'612 405 9845 CAMPBELL KNUTSON I4J 006 B. Brakes adequate to control the movement of and to stop and hold th~ snowmobile under any conditions of operation. C. At least one (1) head lamp having a minimum candle power ot'sufficient intensity to reveal persons and vehicles at a distam:e of alleasL 100 feet ahead during hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not pT'ojected into the eye!; of an oncoming snowmubilt: operator. At least one (1) red tail lamp, having a minimum candlepower of sufficient intensity to exhibit a red light plainly vl!;ihle from a distance of 500 feel to the rear during hours of darkness under normal atmospheric conditions. The light must be turned on and operating when the vehicle is operated. D. Ret1ective material of a minimum area of at least 16 square inches mounted on each side of the snowmobilt: forward of the handle bars so as to retlect or beam light at a ninety (90) degree angle. E. A safety or so-called II deadman II throttle in operating condition so rhat when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. F. Any sled. trailer, or other device being towed by a snowmobile during the hours of darkness as described in Section 11-2-4 Subdivision O. under normal atmospheric conditions must be equipped with unobstructed and visible reflective materials mounted on each side and at the rear of the sled, trailer, or device which has at least the minimum intensity values set forth in Minnesota Rules 6100.5700, Subpart 2, item B. 11-2-6: OPERATION BY A MINOR: A. No person under 14 years of age may operate a snowmobile on street~, or highways or make a dircct crossing of a street or highway within the City. B. A person 14 years or older but less than 18 years of age may operate a snowmobile on streets, or highways as permitted under this Chapter and make a direct crossing of a stre~t or highway only if said operator has in inunediate possession a valid snowmobile safety certiticate issued by the Commissioner of Nanua! Resources aT a valid motor vehicle operator's liccnsc issued by the Commissioner of Public Safety or the drivers license authority of another state. C. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this Chapter. 44093 5 12/31/96 12: 40 11-2-7: '5"612 405 9845 CAMPBELL KNl~SON I4l 007 SIGNAL FROM OFFICER TO STOP: No person may operate a snowmobile in the City of Prior Lake after having received a visual or audible signal from any law enforcement officer to come to a stop, to: A. OperAte a snowmobile in willful or wanton disregard of such signal, or B. Interfere with or endanger the law enforcement officer or any other person or vehicle, or C. Increase speed or attempt to flee or elude the officer- 11-2-8: 11-2-9: 11-2-10: 11-2-11: 11-2-12: 11-2-13: LEAVING SNOWMOBILE UNATTENDED: No person may leave a snowmobile in a public place without first locking the ignition, removing the key and taki..ug the same with them. CHASING ANTh1ALS FORBIDDEN: No person may intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile. OPERA.TION OF SNOWMOBILES WHILE UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCE: It is a violation of state law for any person to operate or to be in physical control of any snowmobile in the City while under the influence of alcohol or a L:onlrol1ed substance or under the influence of a combination of a alcohol and a conLrolled substance. The definition and regulatory provisions of Minnesota Statutes Chapters 169 and 84 arc hereby incorporated herein and adopted by reference, including the penalty provisions Lhereof. EXEMPTIONS: Licensed peace officers shall be exelnpl from the restrictions of this Chapter while operating a snowmobile in the proper performance of their duties. ENFORCEMENT: The Scott County Sher;ff's Department and persons selected and trained by the Police Department shall be responsible for the enforcement of this Chapter. (Ord. 72-19~ 11-6-72) PENALTY: Any person who violates the terms of this Chapter shall, upon conviclion Lhereof. be guilty of a misdemeanor, punishable by a fme not exceeding seven hundred dollars ($700 _ 00), or by imprisonment for a period nol exceeding ninety (90) days, or both. (Ord. 72-19, 11-6-72; amd. 1979 Code) SECTION 2. This ordinance shall be effective immediately upon its passage and publication. 44093 6 :'A 12/31/96 12:40 'C612 405 9845 ADOPTED this City of Prior Lake. ATTEST: day of Frank Boyles. City Manager "093 CAMPBELL KNUTSON 141008 7 , 1996, by the City Council of the CITY OF PRIOR LAKE By: Lydia Andren, Mayor