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9.C.7. PRSR 02-09-2000 ,(.r Item #: '.-.7 ityof �� �lk River MEMORANDUM TO: Park and Recreation Commission e4 FROM: Michele McPherso , irector of Planning DATE: January 31, 2000 SUBJECT: Snowmobile Usage Request Commissioner Dave Anderson requested that the Commission discuss snowmobile usage within the City of Elk River. There have been a number of observed abuses of City trails by snowmobilers within City limits. Attachments • City Code Section 1104 • Snowmobile Rules IIA request was made for the snowmobile trail map; unfortunately, staff was unable to locate the map at this time. Analysis The Police Chief has reported an increase in the number of complaints regarding snowmobilers this year. Most are from private property owners, but a number of them have to do with trail usage. Recommendation Staff recommends that the Commission review Commissioner Dave Anderson's information and discuss a course of action for addressing snowmobile use in the City. II 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612) 441-7425 411 SECTION 1104 - 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 410 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. • 11.9 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 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 410 11. In any tree nursery or planting in a manner which damages or destroys growing stock. 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 . 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. • 11.10 Operating Snowmobiles on Public Streets • The operation of snowmobiles on public streets is 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 furthermost 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. SNOWMOBILING IN ELK RIVER It is unlawful to operate a snowmobile within the city limits in the following manner: 1. On a public sidewalk or walkway used for pedestrian travel. 2. On private property without lawful authority or consent of the owner. 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 under surrounding circumstances. Q. At any place in a careless, reckless or negligent manner so as to endanger the person or property of another. 7. Without a lighted headlight and taillight when required. 8. Without a muffler in good working order. 9. On public streets, highway, alleys, or public property between the hours of 12:00 a.m. and 7:00 a.m. except for emergency purposes or except if the operator is returning to his or her residence at a speed not in excess of ten (10) miles per hour. 10. In any tree nursery or planting in a manner which damages or destroys growing stock. • s:\admire\newslett\snowmobi.doc