Ch5.§2-2 · City of Nowthen public records

1\. The City Engineer and Public Street Supervisor may prohibit the operation of vehicles upon any street under this Jurisdiction or impose weight restrictions on vehicles to be operated on such street whenever the street, by reason of deterioration, rain, snow, or other climatic conditions, will be seriously damaged or destroyed unless the use of vehicles on the street is prohibited or the permissible weights are reduced. 2\. The Public Street Supervisor shall erect and maintain signs plainly indicating the prohibition or restriction at each end of the portion of the street affected. 3\. No person shall operate a vehicle on a posted street in violation of the prohibition or restriction. (Ordinance #7, adopted May 10, 1994) 5-2-3: VIOLATION: Any person shall violate any provision of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as defined by state law. (Ordinance #7, adopted May 10, 1994)   # SECTION 3 ALL-TERRAIN VEHICLES, OFF ROAD VEHICLES AND MOTORCYCLES Section: 5-3-1 Purpose and Intent 5-3-2 Definitions 5-3-3 Permitted Uses 5-3-4 Established Riding Track 5-3-5 Crossing of Streets or Highways 5-3-6 Yielding Right-of-Way 5-3-7 Persons Under 18 Years of Age Permits for Handicapped Operation 5-3-8 Uses, Specifically Prohibited 5-3-9 Equipment Required 5-3-10 5-3-11 Ignition Lock 5-3-12 Exemptions 5-3-13 Failing to Stop for Law Enforcement Prohibited 5-3-14 DNR Off-Highway Vehicle Regulations 5-3-15 Penalties 5-3-1: PURPOSE: The operation of all-terrain vehicles, off road vehicles and motorcycles in a repetitive/continuous manner on an established riding track is deemed to be a public nuisance by the City due to the noise the vehicles generate unless the operator of such vehicle complies with the terms and conditions of this Chapter. The purpose of this Chapter is to take all reasonable measures within the City's jurisdiction to prevent the establishment of activities that maintain or permit a condition which unreasonably annoys, injures or endangers the health, safety, or public peace so that the operation of all-terrain vehicles, off road vehicles and motorcycles do not affect the comfortable enjoyment of life and property. (Ordinance #30, adopted August 11, 2009) 5-3-2: DEFINITIONS: For the purpose of this Section, the following terms have the meanings stated: Class 1 All-terrain Vehicle (ATV): A motorized flotation-tired vehicles with at least three but no more than six low pressure tires that have an engine displacement of less than 960 cubic centimeters and total dry weight of less than 1,000 pounds. Class 2 All-terrain Vehicle (ATV): A motorized flotation-tired vehicles with at least three, but no more than six, low pressure tires that have an engine displacement of less than 960 cubic centimeters and total dry weight of 1,000-1,800 pounds.   Go-Cart: A motorized miniature vehicle capable of achieving speeds in excess of ten (10) miles per hour and commonly used on courses or racetracks specifically designed for such vehicles. Established Riding Track: A course built for the operation of motorized vehicles which operate in a repetitive, continuous manner or an area where recreational motorized vehicles, through their repetitive use have altered or changed the natural contour of the landscape and created a clearly identifiable track. (Ordinance #33, adopted February 8, 2011) Off-highway motorcycles (OHMs): A motorized off-highway vehicle traveling on two wheels. OHMs have a seat or saddle designed to be straddled by the operator and have handlebars for steering control. Motorcycles may be legal for highway use and still considered to be OHMs if used for off-highway operation on trails or natural terrain. Off-road vehicles (ORVs): A motorized recreational vehicle capable of cross-country travel on natural terrain, such as four-wheel-drive trucks. This does not include vehicles such as snowmobiles, ATVs, OHMs, motorcycles, watercraft or aircraft. Farm, logging, military, emergency, law enforcement, utility, trail grooming, and construction vehicles are not considered to be ORVs when used for their intended purpose. Owner: A person, other than a lien holder, having the property in or title to a ATV, OHMs, ORV, or go-cart entitled to the use or possession thereof Operate: To ride in or on and have control of the operation of the motorized ATV, OHMs, ORV, or go-cart. Operator: Every person who operates or is in actual physical control of a ATV, OHMs, ORV, or go-cart. Safety Throttle: A device which when pressure is removed from the engine accelerator or throttle, causes the motor to stop supplying power. Natural Terrain: Areas other than roadways, driveways (private or public), parking lots and other areas the surface of which has been intentionally modified for motor vehicle operation thereon. Public Roads: Any township, municipal, county, state or federal road or highway. Right-Of-Way: The entire strip of land traversed by any highway, street, county road or roadway easement for the purpose of vehicle travel, and includes the entire width of the land dedicated or acquired by law for right-of-away purposes. Roadway: That portion of the improved right-of-way designed or ordinarily used for vehicle travel, including the shoulder. (Ordinance #30, adopted August 11, 2009)   5-3-3: PERMITTED USES: Except as specifically permitted and authorized herein, it is unlawful for any person to operate a ATV, OHM, ORV or go-cart under the following conditions within the City: A. On any right-of-way of any public highway, street, road, trail or alley, except that a Class 1 ATV may operate upon the most right hand side of a municipal street or alley and may in passing or making a left turn operate on other lanes which are used for vehicle traffic in the same direction, for purposes of going to or returning from a non-highway or non-county area of permissible operation, by the most direct route. B. On a public sidewalk provided for pedestrian travel. C. On a trail not specified for ATV use. D. ATVs, and ORVs operating in Nowthen City not licensed as a motor vehicle. E. On boulevards within any public right-of-way. F. On private property of another without specific permission of the owner or person in control of the property. G. On any other public place except as may be specifically permitted by other provisions of the City. H. Class 1 ATVs shall not exceed a speed of twenty (20) miles per hour on local city streets unless specifically posted. I. In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons. J. In a careless, reckless or negligent manner so as to endanger, or be likely to endanger, the safety of any person or property of any other person. K. At any place while under the influence of alcohol or drugs as defined in Minn. Stat. Chapter 169A. L. Nothing in this Section shall prohibit the agricultural use of an all-terrain vehicle in the right-of- ways, as defined in the Minnesota Statue 84.92, Subd. 1d, or the use an all-terrain vehicle to maintain permitted accesses over Public Road Right-of- way. M. Nothing in this Section is intended to prohibit the crossing of a City or County Right- of-Way, which is otherwise allowed by Minnesota Statues 84.87 and 84.928. N. Nothing in this Section is intended to prohibit the use of an all-terrain vehicle for the removal of snow. (Ordinance #30, adopted August 11, 2009)

Ch.5 § 2-2

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