ORD 01-011ORDINANCE 01 - 1!
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER REPEALING
ALL OF THE EXISTING SECTION 1104 OF THE CITY CODE OF ORDINANCES
AND ADOPTING A NEW SECTION 1104
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 1104 titled, SNOWMOBILES, of the City of Elk River Code of
Ordinances shall be repealed and a new Section 1104 shall be adopted as follows:
SECTION 1104 - SNOWMOBILES
1104.00 - APPLICABILITY
This ordinance applies to the operation of snowmobiles on public
lands and waters, and private property within the jurisdiction of
the City and on streets and highways within the boundaries of the
City.
1104.02 - DEFINITIONS
The words, combination of words, terms or phrases used in this
ordinance and defined in Minnesota Statutes, Section 84.81, shall
have the meanings given them by that section.
A. Urban Service District shall mean that part of the City
defined as the area south of 197th Avenue to the south corporate
boundary and between the east and west corporate boundaries.
1104.04 - ADOPTION OF STATE LAW BY REFERENCE
The provisions of Minnesota Statutes, Sections 84.82 pertaining
to registration, 84.87 pertaining to snowmobile operation and
regulations by municipalities, 84.871 pertaining to equipment
requirements, 84.872 pertaining to youthful snowmobile operators,
, 84.88 pertaining to penalties are adopted and made a part of
this ordinance as if set out in full.
1104.05 - OPERATION WITHIN THE CITY LIMITS
For defining where snowmobiles are permitted to operate, the City
has been divided into two parts:
a. Within the Urban Service District, and
b. Outside the Urban Service District.
A. Within the Urban Service District:
The operation of a snowmobile within the Urban Service
District is permitted:
i.)
ii.)
On designated and marked snowmobile trails during
periods when trails are open
On public streets on the most right hand portion of
the roadway within the curb line or shoulder edge
s:\planning\ordinane\section1104.doe
iii.)
iv. )
v.)
vi. )
and only when such operation is necessary to gain
access to or from designated trails, or areas,
which, by Minnesota Statutes, may be used by
snowmobiles. Such operation shall occur only
within the hours of 7:01 a.m. and 12:00 midnight
except for emergency purposes or except if the
operator is returning to his residence at a speed
not in excess of twenty (20) miles per hour.
In the bottom or outside slope of a ditch of County
Roads 12, 13, 30, or 35 or a state highway.
Over Lake Orono (when safely iced over), when
legally accessed as defined in this ordinance.
Over the Elk River (when safely iced over), when
legally accessed as defined in this ordinance.
On property you own.
B. Outside the Urban Service District:
The operation of a snowmobile outside the Urban Service
District is permitted:
i.)
±±.)
iii. )
iv.)
v.)
On designated snowmobile trails.
In the bottom or outside slope of a ditch of County
Roads 1, 13, 21, 32 or 33 or a state highway.
On agricultural land that you have been given
permission from the landowner or occupant to ride.
On private property of another that you have been
given permission from the landowner or occupant to
ride.
On property you own.
Anywhere within the corporate limits of the City of Elk River,
snowmobiles shall not be operated:
o
o
On public lands, including but not limited to:
public parks, playgrounds, trails, sidewalks,
paths, open spaces, scenic and historic sites,
schools, golf courses, and other public buildings
and structures.
Within one hundred (100) feet of any fisherman,
fish house, shelter, pedestrian, skating rink,
sliding area or in any other area where such
operation would conflict with the use or endanger
other persons or property.
At any place, while under the influence of
intoxicating liquor, narcotics or habit-forming
drugs
At a rate of speed greater than reasonable or
proper under all the surrounding circumstances
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
In any tree nursery or planting in a manner which
damages or destroys growing stock
S:\PLANNING\ORDINANC\Section 1104.doc
1104.06 - OPERATING REQUIREMENTS
In order to operate a snowmobile lawfully within the City's
corporate limits, a snowmobile must have:
1.. A lighted headlight and taillight.
2.. A muffler in good working order which blends the exhaust
noise into the overall snowmobile noise and which is in constant
operation to prevent excessive or unusual noise.
3.. Without any noise-making device which amplifies noise
emitted from the snowmobile, including, but not limited to, tuned
exhausts cut-outs or straight pipes.
1104.08 - UNATTENDED SNOWMOBILES
It shall be unlawful for the owner or operator of a snowmobile to
leave a snowmobile in a public place without locking the
ignition, removing the key and keeping the same in his
possession.
1104.09 - PENALTY
Any person violating any provision of this ordinance shall be
guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not more than $1,000.00 or by imprisonment
of not more than ninety (90) days, or both, plus costs of
prosecution in either case.
1104.10 - APPLICATION OF OTHER LAWS
The provisions of Minnesota Statutes, Chapter 169, pertaining to
traffic regulations, which relate to the use and operation of
snowmobiles, shall apply to the use and operation of snowmobiles
upon the streets and highways of the City. However, those
provisions which by their nature have no application shall not
apply.
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 20th day of
August, 2001.
Mayor
Safidra A. Peine '
City Clerk
S:\PLANNING\ORDINANC\Section 1104.doc
Affidavit of Publication
ORDINANCE 01-11
'Q~ty 0 IVE~
AN OlU),
OI'fi',O
: " J,W,;g~~J,NG
, " AIJ.. QP'.!fHE .EXIS
SEG~IO~ 1104 OF TIlE
OODE'6F'ORDmAN
ArlW ADOPTING A '
, SEQ'.J110NU04. ,.,1.71,',
The City, Council p( theQ}ty, 9f
Elk Ri:er~oes hereby ordatl),,!\~
,followlil. '''',.'' 'c". " ",.) "',
: SectiOIl J. Sect\on n04 titl~d;
SNO~QBILES, of the C~ty, of
Elk ltg/er. Cpde, pC Ordi~WIlC~S
shall be l'epealed and a, ,new
Sectio~ lt04 shall be adoJ;ltl;1d ~s
follo~s; , " . .
'SECTIPN 110~ - SNOWMOf
BILES ,c , ' . " " . '
1104.00, ,- APPLICABILlri;f('his
ordiIl&nCtl.a.PIl1jl(~JQ th~ Q . t , . " I
of snowqlQbiles' jui'publ s
and waterll, ap,d . . '
within th{vjp,risg
~l)d on ,str~e~.~q4 ~hw~;Y1l WIt,"
In the pOm\dlriies1,o'fU1eUlty. ""
1104.02 - )~E, 'The
words, :colhlJiha'tio . "<l.s,
terms In' ~H:<l!:le~ ~~e~JltJbi .
nance an,<< "dennell' in M4 "
Stat~tell,~ect;9~1~:Vg'i Iii
the ~e~mIlglil.,g1Ven: the
section. "
.A. Urb
,mean
, as the
to the Ilqqth corporate boupqary
and betwe,~n the east and westaof'"
porate b9updaries. ", '
1104;04 - ,ADOPTION, O:F
STATE LAW BY REFERENC~
TlJ,eprq . . ons of, Minn~sota
8tl1:t1,11;eS" na ,84.82 Ptlrtain.;-
Jp.~tQ;remstr~tion, 84.87' PenaiR- .
, mg t9'~P;9wmobile operatiop, "anQ
reg:ula t~c:mj, ,,!P:f ."ql unici Pal! ~ill~l:
84.8?1 pertammg, to equillmmt
reqmr~ments, 84.872 pertain~g to
"youthful ;snowmobile operators
, '8:4,.88 :perl~ining to P . ' .,
adoptee!., apq p;\a~~"a
or<l.j:~li1ifs~<9utIIl ,I;',
,.ll9PERATION Wl~JllN
,THE IMl'.l'S'"; d u, ,~ "
Fo, wlWf~. llD.\lwqlob1Ielil '
are, pe '. .'to'?pera~~,~t.y,.;"
, .h.ll~, pel;ll1 dIV1 ed Into tW.fi:plr~ii:l>~;'~.
~. Within the Urban Service
pistrict, ap.Q" ..,' ';' I 'J' ;'
9, <?utsidedhe: Urban, Senice
DIstnct.' "'", ,:,.',
. A. Within \UieUrb
Di!Str}ct: .. " . .
, ,.'Fh? oIllf!i~~ion of a snowmo 1 e
wIthm the. lJrban Service District'
is permitted: '
i. pn designated and marked
sJlowmobile trails during periods
when trails are open " '
,ii. On public streets on ,the rhost
nght hand portion of the roadway
within the curb :line .or shoulder
e~ge. and only when such opera-
"bon IS necessartoc ain"access.te.
, or from. ils or areas
. which,' . a 'Statutes:
may b~ .used bysnowmobil~1iI".s1,1(,4
operatIOn, shall occur onl~...wi .'
the hours of 7:01 a.m '.
. . t except foI'
,'_"'J~)
slope:
0: y Roadlil 12,13,
30, Qr 35 or a state highway.
iv. Over Lake Orono (when safely
ice<l. over),when legally, acceslled
as defined. in this ordinance.
v. Over the Elk, River (when safe-
ly iced over), when legally accessed
as defined in,bhis ordinance.
vi. On. property you own.
B. Outside the Urban Service
District: '
, 'il lJ'he lll}ileration. of a, Snewqlobile
Olltside,the Urban Service. District
,is permitte<l.: '.,. .
c" i. On designated snowmobile
trail!'!; ,i"i' "
'ii,Il'1thebottom grol1tllidesl\lpe
ofa ditch of County,Roads.1;"lB,
21,3201' 33pna!'!tatehi,ghway;;f
. iii. . On agriclllturallIDid that :you
have been given perm,islilionfrom
the landowner 'or "clltl.parit toride.
iv. On private property.of aIlptb-
er that you have been given per-
lllission from, the landowner or
occupantto ride. '
v. On property you own.
Anywhere within the corporate
limits of the City of Elk River,
snQwlllobiles shall Ilot be operated; ,
1. <?n ,Public lands, incll1lHngbut
not lImIted to; public parks, play,
groundlil" trails, sidewalks,' paths,
open!'!paces, scenic an<l. historic
sit~s, achools,golfcoui-ses, and
Qther public .buil<l.ings and struc...
tllres;
STATE OF MINNESOTA )
)ss.
COUN1Y OF SHERBURNE)
<c \. \ 7J) 'oe,\~
t\Ct rr-'0
being duly sworn, on oath says that he/she is the publisher
or authorized agent and employee of the publisher of the
newspaper known as the Elk River Star News, and has full
knowledge of the facts which are stated below:
A) The newspaper has complied with all the
requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A.02,
331A.07, and other applicable ~'Vs, as amended.
B) The printed Qy ~Y\O r\~ L 0\ - lL
which is attached was cut from the columns of said
newspaper, and was printed and published once each
week, for \ succe~ve weeks; it was first published
on ~ednesday, the tj".-- day of ~ pilifVl b-er-,
20 D \ , and was thereafter printed and published every
Wednesday to and including WednesQ~y, the
day of , 20 ; and printed below
is ;J. copy of the lower case alphabet from A to Z, both
inclusive, which is hereby acknowledged as being the size
and kind of type used in the composition and publication
of the notice.
BY:
TITLE:
a bc d efghij k I m n 0 p qrs tu vwxyz
111 Z6V~ k
('~ Q \ '\(\OvY\o.~y
5-t\'\
day of
/f;J!~\'" CIN .
y PUBLIC ~HIMINSKII
My Comm. ExpIres JMINNESOTA
an. 31 2005
(1) Lowest classified rate paid by . '
commercial users for comparable space $ ~ 08 . Cf) ..
(2) Maximum rate allowed by law for
the above matter
RATE INFORMATIO
(3) Rate actually charged for the
above matter
2. Within one hundred (100) feet
of any fisherman, fish house, shel-
ter, pedestrian, skating rink, slid-
ing 'area or in any other area
where such operation would con-
flict with the use or endanger
other persons or property.
B. At any place, while under the
influence of intoxicating liquor,
narcotics orhabit-forming drugs
4. At a rate of speed 'greater thap.
reasonable or proper under all the
surrounding circumstances
5. 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
6. In any tree nursery or planting
in a manner. which damages or
destroys growing stock
11 0 4.06 - 0 P E RA TIN G
REQUIREMENTS
In order to operate a snowmobile
lawfully within the City's corpo-
rate limits, a snowmobile must
have:
LA lighted headlight and tail-
light. ,
2. A muffler in good working
order. which .. blends ..the exhaust
noisein:to~the'()'veran. snowmobile
, 'ch IS in co
--.. '-'.~ " .~. - L
$ :JY?;,~-b
$ QY <6.~~
1].,0'4;,10" APPLICATION dEl
OTHER LAWS ...' .,'
The, provisions of' Minnesotli
Statutes, Chapter 169, pertaining
to trafficregulationa, which relate
to the use and operation of snow-
mobiles, shall apply to the use and
, operation of snowmobiles upon the
streets andhighyvays ofth~CitY',
~'YeYer,'.~hQ$eproWlionS':wllic~
Jjy.tl1e'ir"nll:ture have no a:ppiica~
tion shall not apply. ,':" ' ' ".
Secti01:l 2.' Tl1at, this ortlinance
shaUtake' effect upon'publication
as provided by law. < . ;
Pallsell~<l adopted by tli\gCity
Council 01 the eity. of Elk River
thia20thday'ofAugust, 20m.
, ,'" ',Stephanie Klinzing
, ". :- "'Mayor
Sandra A. Peine
City Clerk
'~Sp5)
MOBIL
It:sha
owner ort.asnowmoIme
to leav~. a l!:I1o~bil:e.in a publi~
place wj,~JW\ft; locking the ignition,
remo0Pg.j;~~,~eY.!lld keeping the
same"in his: posSession.
':"PlQi;,Qs':\~ ;ltENALW..
Any , violating any provi,
sion,.Q' rd' ' be
guilty . e pon
conVii:t'lon: thereo ; s Dei pun"
ished by, a"fine:ofnotmore than
$1,q00'ioQ:orby'ilnpri!'!ouml'iilt of
b 'U:
_ either ,case.. .