Ch5.§3-4 · City of Nowthen public records

A. A motorized ATV, OHM, ORV, or go-cart may be used on an established riding track on lots of five (5) acres or greater in size located within the city on the condition that the riders shall adhere to the following: (Ordinance #33, adopted February 8, 2011) 1\. Established Riding Track is to be located no closer than one thousand (1,000) feet from a neighboring building occupied by humans or livestock; one hundred (100) feet from the public right-of-way of an existing street or highway; and one hundred (100) feet from wetlands, storm water ponds or any other bodies of water. If there are any new structures built after the established riding track is created and the established riding track is less than one thousand (1,000) feet from the new building occupied by humans or livestock, the established riding track will have to cease operations. 2\. Established Riding Track is to be located at least one hundred (100) feet away from any property line. 3\. Dust and noise control measures are to be maintained at all times. Property owners with established riding tracks shall control dust and noise by either: 1\) planting of eight (8) foot high coniferous trees planted ten (10) feet on center around the established riding track; or 2) the construction of a six (6) foot maximum board on board style fence around the established riding track. Nothing in this Ordinance shall prevent a property owner with an established riding track from taking additional dust and noise control measures. 4\. A motorized OHM, ORV, or go-cart must have a factory approved exhaust. The noise emission may not exceed ninety four (94) decibels at a distance of 20 inches during operation, and mufflers may not be altered to increase motor noise, or have a cut out bypass, or similar device. This chart shows the decibels measured at different RPM's based on the bike engine sizes: <table> <tr> <th>ENGINE SIZE</th> <th>ENGINE SPEED</th> </tr> <tr> <td>Up to 85 CC</td> <td>7000 RPM</td> </tr> <tr> <td>86 CC to 125 CC</td> <td>6000 RPM</td> </tr> <tr> <td>126 CC - 250 CC & 300 CC 2T</td> <td>4,250 RPM</td> </tr> <tr> <td>126 CC - 250 CC 4T</td> <td>5,500 RPM</td> </tr> <tr> <td>251 CC - 500 CC</td> <td>4,500 RPM</td> </tr> <tr> <td>501 CC - Open & 500 2T</td> <td>3,750 RPM</td> </tr> </table>   5\. If properties are adversely affected by dust and noise due to motorized dirt bike, go-cart and/or all-terrain vehicles use, the owners affected must file a written complaint with the Anoka County Sheriff's Department. 6\. No more than four (4) riders may operate a motorized dirt bike, go-cart or all-terrain vehicles on the property. A motorized dirt bike, go-cart and/or all- terrain vehicle may only be operated on the property during the following times: Monday through Friday, 9:00 a.m. through 7:00 p.m .; and Saturdays and Sundays, 11:00 a.m. through 6:00 p.m. Operation of all vehicles at an established riding track must cease for a minimum of one (1) hour after every two hours of riding. 7\. Operation of a motorized dirt bike, go-cart and/or all-terrain vehicle shall not be allowed on either primary or secondary septic sites. (Ordinance #30, adopted August 11, 2009; Ordinance 2013-05, adopted April 9, 2013) 5-3-5: CROSSING OF STREETS OR HIGHWAYS: A Class 1 ATV may make a direct crossing of a street or highway, other than an interstate highway or freeway, provided: A. The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. B. The Class 1 ATV first comes to a complete stop at the edge of the shoulder of the main traveled way. C. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. D. In crossing a divided street or highway, the crossing made only at the intersection of such street of highway with another public street or highway. E. If the crossing is made between the hours of 1/2 hour after sunset to 1/2 hour before sunrise or, in conditions of reduced visibility, both front and rear lights shall be on. (Ordinance #30, adopted August 11, 2009) 5-3-6: YIELDING RIGHT-OF-WAY: No ATV shall enter any intersection without yielding the right-of-way to any vehicles or pedestrians at the intersection, or so cross the intersection as to constitute an immediate hazard. (Ordinance #30, adopted August 11, 2009)   5-3-7: PERSONS UNDER 18 YEARS OF AGE: All riders under the age of eighteen (18) years must comply with the Minnesota Department of Natural Resources Off-Highway Vehicles Regulations as amended from time to time. (Ordinance #30, adopted August 11, 2009) 5-3-8: PERMITS FOR HANDICAPPED OPERATION: Class 1ATVs for the physically handicapped persons may be operated on city streets without a city permit, but must display the triangular slow-moving vehicles emblem. A driver's license is not required. (Ordinance #30, adopted August 11, 2009) 5-3-9: USES SPECIFICALLY PROHIBITED: It is unlawful for any person to operate a ATV under the following conditions: A. At any place while under the influence of alcohol or drugs as defined in Minnesota Statutes Chapter 169A which is hereby incorporated herein by reference. B. At a rate of speed greater than reasonable or proper under all surrounding circumstances. C. At any place in a careless, reckless, or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property. D. No person shall operate a Class 1 ATV on any street in the City between the hours of 12:01 a.m. and 7:00 a.m., except going to or from their usual place of abode at a reduced speed and using the most direct route. E. So as to tow any person or thing except through use of a rigid tow bar attached to the rear of the ATV. F. Within one hundred (100) feet of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with use or endanger other persons or property, or within 100 feet of any dwelling which is usually occupied by one or more persons. Notwithstanding this provision, a person shall be allowed to operate an ATV on a municipal public road, street or alley. G. It is unlawful to intentionally drive, chase, run over or kill any animal with a ATV. (Ordinance #30, adopted August 11, 2009) 5-3-10: EQUIPMENT REQUIRED: It is unlawful for any person to operate a ATV any place within the limits of the City unless it is equipped with the following:   A. Standard mufflers which are properly attached and which reduce the noise of operation of the motor to the minimum necessary for operation. B. No person shall use a muffler cut-out, bypass straight pipe or similar device on a ATV motor. C. Brakes adequate to control the movement of and to stop and hold the ATV under any conditions of operation. D. A safety throttle in operating condition. E. When operated between the hours of 1/2 hour after sunset and 1/2 hour before sunrise or at a time of reduced visibility at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness and under normal atmospheric conditions. The headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming ATV operator. It shall also be equipped with at least one red tail lamp having am minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions. F. Reflective material at least sixteen (16) inches square on each side, forward of the handlebars or steering device of a ATV and at the highest practical point on any towed object, as to reflect light at a ninety (90) degree angle. (Ordinance #30, adopted August 11, 2009) 5-3-11: IGNITION LOCK: Every person leaving a ATV on a public place or way shall lock the ignition, and remove and take the keys with them. (Ordinance #30, adopted August 11, 2009) 5-3-12: EXEMPTIONS: The following uses are exempt from this Section: A. Any motorized vehicles used for the purpose of property maintenance. B. Any agent or employee of any road authority, law enforcement or public safety agency, or any agent or employee of the Minnesota Department of Natural Resources or any other governmental body in conducting official business. C. Any organized track-racing event that is required to be registered with the Minnesota Department of Natural Resources. D. Farm, logging, military, emergency, law enforcement, utility trail grooming and construction vehicles are not considered to be ATV or ORVs when used for the purposes outlined herein. (Ordinance #30, adopted August 11, 2009)   5-3-13: FAILING TO STOP FOR LAW ENFORCEMENT PROHIBITED: It is unlawful for an operator, after having received a visual or audible signal from a law enforcement officer, to operate the vehicle in willful or wanton disregard of the signal to stop, interfere with or endanger the law enforcement officer or any other person or vehicle, or increase speed or attempt to flee or elude the officer. (Ordinance #30, adopted August 11, 2009) 5-3-14: DNR OFF-HIGHWAY VEHICLE REGULATIONS: Any aspect of ATV, OHM, or ORV operation not specifically covered under this Section will be in accordance with the Minnesota Department of Natural Resources Off-Highway Vehicle Regulations as amended. (Ordinance #30, adopted August 11, 2009) 5-3-15: PENALITIES: Any person who violates the provisions of this Section shall be guilty of a misdemeanor and shall be punished pursuant to the applicable State statute regarding misdemeanor penalties as may be amended from time to time, plus the cost of prosecution. (Ordinance #30, adopted August 11, 2009)   # SECTION 4 SNOWMOBILES <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>5-4-1</td> <td>Definitions</td> </tr> <tr> <td>5-4-2</td> <td>Prohibited Uses within City Limits</td> </tr> <tr> <td>5-4-3</td> <td>Permitted Uses</td> </tr> <tr> <td>5-4-4</td> <td>Crossing of Public Roads</td> </tr> <tr> <td>5-4-5</td> <td>Yielding Right-of-Way</td> </tr> <tr> <td>5-4-6</td> <td>Persons Under 18 Years of Age</td> </tr> <tr> <td>5-4-7</td> <td>Equipment Required</td> </tr> <tr> <td>5-4-8</td> <td>Ignition Lock</td> </tr> <tr> <td>5-4-9</td> <td>Emergency Operation Permitted</td> </tr> <tr> <td>5-4-10</td> <td>Exemptions</td> </tr> <tr> <td>5-4-11</td> <td>Failing to Stop For Law Enforcement Prohibited</td> </tr> <tr> <td>5-4-12</td> <td>Owner Responsibility</td> </tr> <tr> <td>5-4-13</td> <td>Severability</td> </tr> <tr> <td>5-4-14</td> <td>Penalties</td> </tr> </table> 5-4-1: DEFINITIONS: For the purpose of this Section, the following terms have the meanings stated: Snowmobile: A self-propelled vehicle designed for travel on snow or ice and steered by skis or runners. Owner: A person, other than a lien holder, having the property in or title to a snowmobile entitled to the use or possession thereof. Operate: To ride in or on and have control of the operation of the snowmobile. Operator: Every person who operates or is in actual physical control of a snowmobile. 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. Safety Throttle: A device which when pressure is removed from the engine accelerator or throttle, causes the motor to stop supplying power. (Ordinance #36, adopted May 20, 2011) 5-4-2: PROHIBITED USES WITHIN CITY LIMITS: Except as specifically permitted and authorized herein, it is unlawful for any person to operate a snowmobile under the following conditions within the City: A. On any public roads except that a snowmobile may operate upon the most right hand side of a public road in order to avoid obstructions to travel. When traveling on any public roads snowmobiles shall follow all posted signs and in no event shall exceed a speed of twenty (20) miles per hour. B. On a public sidewalk provided for pedestrian travel. C. On a trail not specified for snowmobile use. D. On boulevards within any public right-of-way. E. On private property of another without specific permission of the owner or person in control of the property. This provision incorporates by reference Minn. Statute 97A.315 as amended. F. On any other public place including parks except as may be specifically permitted by the City. G. The operation of snowmobiles off of public roads (while operating in the ditch or right-of-way) shall be at a rate of speed not greater than posted speed signs or proper under all surrounding circumstances and shall not exceed fifty (50) miles per hour. H 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. I. At any place while under the influence of alcohol or drugs as defined in Minnesota Statutes Chapter 169A which is hereby incorporated herein by reference. J. At any place in a careless, reckless, or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property.   K. So as to tow any person or thing except through use of a rigid tow bar attached to the rear of the snowmobile. L. Within one hundred (100) feet of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with use or endanger other persons or property, or within one hundred (100) feet of any dwelling which is usually occupied by one (1) or more persons. M. It is unlawful to intentionally drive, chase, run over or kill any animal with a snowmobile. N. No person shall operate a snowmobile within the City limits between the hours of 12:01 am and 7:00 am, except going to their usual place of abode at a reduced speed not to exceed ten (10) miles per hour and using the most direct route. (Ordinance #36, adopted May 20, 2011) 5-4-3: PERMITTED USES: Nothing in this Section is intended to prohibit the operation of a snowmobile upon the shoulder, inside bank, or slope of any public highway, street, road, trail, or alley as permitted by Minnesota Statute 84.87, Subd. 3 as amended. (Ordinance #36, adopted May 20, 2011) 5-4-4: CROSSING OF PUBLIC ROADS: A snowmobile may make a direct crossing of a public road, other than an interstate highway or freeway, provided: A. The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. B. The snowmobile first comes to a complete stop at the edge of the shoulder of the main traveled way. C. The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard. D. In crossing a divided street or highway, the crossing made only at the intersection of such street of highway with another public street or highway. E. If the crossing is made between the hours of 1/2 hour after sunset to 1/2 hour before sunrise or, in conditions of reduced visibility, both front and rear lights shall be on. F. Nothing in this Section is intended to prohibit the crossing of a City or County Right- of-Way which is otherwise allowed by Minnesota Statutes 84.87 and 84.928 as amended. (Ordinance #36, adopted May 20, 2011)   5-4-5: YIELDING RIGHT-OF-WAY: No snowmobile shall enter any intersection without yielding the right-of-way to any vehicles or pedestrians at the intersection, or so cross the intersection as to constitute an immediate hazard. (Ordinance #36, adopted May 20, 2011)

Ch.5 § 3-4

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