9.C.4. PRSR 08-08-2001 • .1i Item #9.C.4.
City of
Elk -...--,
River
MEMORANDUM
TO: Park and Recreation Commission
FROM: Michele McPhersortrvirector of Planning
DATE: August 8, 2001
SUBJECT: Revised Snowmobile Ordinance
Attachments
• Original Snowmobile Ordinance Language
• Revised Ordinance Language
• Overview
In the last several months,Commissioner Dave Anderson and staff have been working with
representatives of the River City Snow Riders to revise the City's ordinance regulating the
operation of snowmobiles within the City limits. We believe we have prepared an ordinance
which is easy to read, understand and enforce. The Police Department has reviewed the
revised language and had no changes.
The next step in our collaborative project will be to amend the snowmobile trail map,and
prepare a recommendation and implementation plan for the use by snowmobiles of the
City's paved trails.
Recommendation
Staff recommends that the Park and Recreation Commission recommend that the City
Council adopt the revised ordinance language for snowmobile operation within the City
limits.
•
S:\PLANNING\MICHMC\PARKNREC\snomobileord.doc
Original Version
iiISECTION1104 - SNOWMOBILES
1104.00 - APPLICABILITY
This ordinance applies to the operation of snowmobiles on public
lands, property and waters 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.
1104.04 - ADOPTION OF STATE LAW BY REFERENCE
The provisions of Minnesota Statutes, Sections 84 .87, 84 .871, 84 . 872,
84 .873, 84 . 88 and 100.29, Subds. 5, 28 and 29, relating to the
operation and youthful operators of snowmobiles, mufflers, signals
from officers to stop, penalties and use restrictions of snowmobiles
are adopted and made a part of this ordinance as if set out in full.
1104.05 - OPERATION ON PUBLIC STREETS
The operation of snowmobiles on public streets shall be permitted only
when such operation is necessary to gain access to designated
snowmobile trails, private property or areas which, by Minnesota
Statutes, may be used by snowmobiles. Snowmobiles operated on public
• streets in platted areas within the city' s Urban Service Area must be
operated on the further most right hand portion of the roadway or
shoulder surface (not on boulevards or on portions of the right of way
beyond the roadway or shoulder surface) , and in single file.
1104.06 - OPERATING PROHIBITIONS
Except as otherwise specifically permitted and authorized, it is
unlawful for any person to operate a snowmobile within the limits of
the City in the following manner:
1 . On a public sidewalk or walkway provided or used for pedestrian
travel.
2. On private property of another without lawful authority or
consent of the owner or occupant.
3. 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.
4. At any place, while under the influence of intoxicating liquor,
narcotics or habit-forming drugs.
5. At a rate of speed greater than reasonable or proper under all
411
the surrounding circumstances.
. 6. 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.
7. Without a lighted headlight and taillight when required for
safety.
8. Without 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.
9. With any noise-making device which amplifies noise emitted from
the snowmobile, including, but not limited to, tuned exhausts
cut-outs or straight pipes.
10. On public streets, highways, alleys or public property between
the hours of 12: 01 a.m. and 7 : 00 a.m. , except for emergency purposes
or except if the operator is returning to his residence at a speed not
in excess of ten (10) miles per hour
11. In any tree nursery or planting in a manner which damages or
destroys growing stock.
1104.08 - UNATTENDED SNOWMOBILES
III 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.
1104.10 - APPLICATION OF OTHER LAWS
The provisions of Minnesota Statutes, Chapter 169, which relate to the
use and operation of snowmobiles, shall apply to the use and operation
of such vehicles upon the streets and highways of the City. However,
those provisions which by their nature have no application shall not
apply.
111
Proposed Revision
• 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,istration 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. ) On designated and marked snowmobile trails during periods
when trails are open
ii. ) On public streets on the most right hand portion of the
roadway within the curb line or shoulder edge 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.
iii. ) In the bottom or outside slope of a ditch of County Roads
12, 13, 30, or 35 or a state highway.
iv. ) Over Lake Orono (when safely iced over) , when legally
accessed as defined in this ordinance.
v. ) Over the Elk River (when safely iced over) , when legally
accessed as defined in this ordinance.
vi. ) On property you own.
B. Outside the Urban Service District:
411 The operation of a snowmobile outside the Urban Service District
is permitted:
i. ) On designated snowmobile trails.
ii. ) In the bottom or outside slope of a ditch of County Roads
1, 13, 21, 32 or 33 or a state highway.
iii. ) On agricultural land that you have been given permission
from the landowner or occupant to ride.
iv. ) On private property of another that you have been given
permission from the landowner or occupant to ride.
v. ) On property you own.
Anywhere within the corporate limits of the City of Elk River,
snowmobiles shall not be operated:
1. 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.
2. 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.
3. At any place, while under the influence of
intoxicating liquor, narcotics or habit-forming drugs
4 . At a rate of speed greater than 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
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.
S:\PLANNING\MICHMC\PARKNREC\Snowmobiling\SECTION 1 104 Rev Clean.doc
1104.08 - UNATTENDED SNOWMOBILES
111 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.
Ili
III
S:\PLANNING\MICHMC\PARKNREC\Snowmobiling\SECTION 1 104 Rev Clean.doc