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9.A.4. PRSR 10-11-2000 r A • Item #9.A.4. City of MEMORANDUM Elk River TO: Park and Recreatio o - ission FROM: Michele McPherso irector of Planning DATE: October 11, 2000 SUBJECT: Snowmobile Trail Recommendation Commissioner Dave Anderson has been working with the River City Snow Riders regarding the establishment of signed trails through the City for safe snowmobile passage. Attached please find an exhibit provided by the Snowmobile Club regarding their commitment to making snowmobiling within the city limits a pleasant experience for all involved. There is, however, an option to further clarify the City's ordinance regarding snowmobile usage within the community, including limiting snowmobile use within the Urban Service District to only those designated trails. This would require trailering snowmobiles to designated trailheads for accessing the City's trails. Staff has attached ordinance language from the cities of Andover and Zimmerman regarding the use of snowmobiles in those cities. Recommendation The Commission is asked to recommend to the City Council implementation of the attached items or an amendment to the ordinance regarding amended language for snowmobiling within the Urban Service District. ID S:\PLANNINGWIICHMC\PARKNREC\SNOWMOBI.DOC 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax(763) 441-7425 Discussion items for Park and Recreation Commission presented by the River City Snow Riders snowmobile club. II 1. Updated trail map. 2. We would like to take a wait and see attitude towards restricting snowmobile traffic through town for the upcoming season. Let's see if the signed trail and increased rider awareness will improve the situation. 3. We will post NO SNOWMOBILING signs and barricades on paved trails where needed. Park and Rec. to provide a map indicating these areas. We would support and encourage the city to pass a strict ordinance to fine snowmobilers who have illegally traveled on paved trails. We would recommend fines to start at $250 first offense and snowmobile confiscation for a second violation. These fines would apply to paved trails posted NO SNOWMOBILING. 4. We would provide all signs and labor. The signs will be DNR standard. The City would provide sign posts and utility location. 5. We had a booth at our swap meet with literature available on city • snowmobile ordinance, the urban service area and a public awareness flier. 6. We will have newspaper articles informing the public throughout the season. 7. Youth snowmobile safety classes have already been scheduled for this winter. 8. We will respond to all issues and problem areas that might arise during the year. 9. We will be talking with Tom Zerwas about strict enforcement early on in the season. 10. We would like to work with the city to clarify the snowmobile ordinance. • OCT 05 2000 08:42 FR CITY OF ANDOVER 763 755 8923 TO 4417425 P.02/07 • CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. ]09 AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1. DEFINITIONS. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases as used in this section shall have the meanings set forth in the subdivisions of this section, which follow. a. Snowmobile- a self propelled vehicle designed for travel on snow or ice steered by skis or runners. b. All-Terrain Vehicle- a motorized flotation-tired vehicle of not less than(3) low pressure tires,but not more than six(6) low pressure tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. c. Owner -means a person other than a lien holder,having the property in or title to snowmobile or all-terrain vehicles, and entitles to the use or possession thereof. d. Operate-to ride in or on, and control the operation of, a snowmobile or all- terrain vehicle. e. Operator-means every person who operates, or is in actual physical control, of a snowmobile or all-terrain vehicle. t Roadway-means that portion of a highway improved, designed, or ordinarily used for vehicular travel; including the shoulder,but not including the boulevard. g. Boulevard- is that portion of the street right-of-way between the curb line and the property line. h. Right-of-Way- means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. • i. Urban District-means the territory contiguous to and including any street which is built up with structures devoted to business,industry, or dwelling houses situated at intervals of less than 100 feet, for a distance of a quarter mile or more. OCT 05 2000 08:42 FR CITY OF ANDOVER 763 755 8923 TO 4417425 P.03/07 • J. Public Lands -public parks,playgrounds, trails,paths, and other public open spaces; scenic and historic sites; schools, and other public buildings and structures. k. Safety or Deadman Throttle- is defined as a device which,when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. SECTION 2. PERSONS UNDER 18 YEARS OF AGE. No person under 14 years of age shall operate on streets or highways, or make a direct crossing of a street or highway, as the operator of a snowmobile. A person 14 years of age or older,but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this ordinance, and make a direct crossing thereof, only if he/she has in his immediate posscssi.on a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, as provided by Minnesota Statutes Section 84.46, as amended. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. SECTION 3. General Operation. Prohibited Areas. No person shall operate an all-terrain vehicle or snowmobile south of the following line legally described as shown in Exhibit A,with the exception of designated snowmobile trails or areas that have been approved by the City Council and private property provided permission is granted by the owner, occupant, or lessee of such land: Permitted Areas. The operation of all-terrain vehicles or snowmobiles is permitted north of the described line as shown in Exhibit A. The following designated trails or areas south of this line are permitted: 1) On Round Lake (when frozen)when access can be legally obtained. 2) On Crooked Lake (when frozen) when access can be legally obtained. (109B, 11/2/99) SECTION 4. OPERATION ON PUBLIC PROPERTY. a. Operation Generally. No snowmobile shall be operated on public property within the City of Andover in violation of the following provisions: • OCT 05 2000 08:42 FR CITY OF ANDOVER 763 755 8923 TO 4417425 P.04/07 • 1. No person shall operate an all-terrain vehicle or snowmobile within the City of Andover including but not limited to: school grounds, park property,playgrounds, recreation areas and golf courses, except; snowmobiles may be operated on designated snowmobile trails or designated access thereto. 2. No person shall operate a snowmobile upon the roadway, shoulder, inside bank or slope of any trunk, county state aid, or county highway within the City of Andover; and in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic. 3. No person shall operate a snowmobile on city streets; except on the shoulder of the roadway, or in the absence of an improved shoulder, of the right-hand-most portion of the roadway (not on boulevard areas), and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto. In addition, snowmobiles shall take the shortest route on any city street to access any county road, county state aid highway, or any designated snowmobile trails. 4. On a public sidewalk or walkway provided or used for pedestrian travel. 5. At any place,while under the influence of an alcoholic beverage or controlled substance. 6. At any speed in excess of 15 miles per hour on any public city street, or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. 7. At any speed in excess of 15 miles per hour on any county road, or county state aid highway in an urban district. All other county roads and county state aid highways not in an urban district must comply with Minnesota statues; or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. 8. 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. 9. So as to tow any person or thing on a public street or highway, except through use of a rigid tow bar attached to the rear of the snowmobile. 10. At a speed greater than 15 miles per hour when within one hundred (100) feet of any riverbank or lake shore; or within one hundred(100) feet of fishermen, ice houses, or skating rinks; nor shall operation be permitted within one hundred(100)feet of any sliding area; nor where the operation OCT 05 2000 06:43 FR CITY OF ANDOVER 763 755 6923 TO 4417425 P.05/07 would conflict with the lawful use of property, or would endanger other persons or property. 11. In a manner so as to create loud,unnecessary, or unusual noise which disturbs, annoys, or interferes with the peace and quiet of another. 12. On any days between the hours of 11:00 p.m. and 8:00 a.m.; except on Saturday and Sunday the restriction shall be between 1:00 a.m. and 8:00 a.m. 13. Such operation is not permitted within fifteen(15) feet of any public sidewalk, walkway, or trail. 14. It shall be unlawful for any person to drive or operate an all-terrain vehicle or snowmobile in a tree nursery or planting in a manner which damages or destroys growing stock. 15. Authorized snowmobiles and all-terrain vehicles may be used on any public property within the City for. rescue, emergency, or law enforcement purposes. 16. A snowmobile may make a direct crossing of a street or highway II/ provided: a. The crossing is make at an angle of approximately ninety(90) degrees to the direction of the street or highway, and at a place where no construction prevents a quick and safe crossing. b. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. 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 is made only at an intersection of such street or highway with another public street or highway. e. If the crossing is made between the hours of one-half(1/2) hour after sunset to one-half(1/2)hour before sunrise, or in conditions of reduced visibility, only if both front and rear lights are on. f. A snowmobile may make a direct crossing of a street or highway; provided a snowmobile may be operated upon a bridge other than a bridge • that is the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of OCT 05 2000 08:43 FR CITY OF ANDOVER 763 755 8923 TO 4417425 P.06/07 • avoidance is possible;provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within one hundred (100) feet of the bridge, and the crossing is made without undue delay. 17. No snowmobile shall enter any controlled intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians which constitute any immediate hazard. 18. An all-terrain vehicle or snowmobile may be operated upon any public street or highway in any emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impossible. SECTION 5. EOUIPMENT. It is unlawful for any person to operate a snowmobile or all-terrain vehicle any place within the corporate limits of Andover unless it is equipped with the equipment set forth as follows: 1. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe or. similar • device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. 2. Brakes adequate to control the movement of; and to stop and hold, the snowmobile or all-terrain vehicle wider any conditions of operation. 3. A safety or so-called"deadman"throttle in operating condition, as that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. 4. 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 under normal atmospheric conditions. a. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during the hours of darkness under normal atmospheric conditions. • OCT 05 2000 08:44 FR CITY OF ANDOVER 763 755 8923 TO 4417425 P.07/07 • c. Such equipment shall be in use when the vehicle is operated between the hours of one-half(1/2)hour after sunset, or one-half(1/2) hour before sunrise, or at times of reduced.visibility. SECTION 6. LEAVING SNOWMOBILE UNATTENDED. Every person having a snowmobile in a public place shall lock the ignition,remove the key and take the same with him. SECTION 7. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run over, kill, otherwise take or attempt to take, any animal, wild or domestic, with a snowmobile. SECTION S. 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$700.00, or by imprisonment of not more than 90 days, or both,plus costs of prosecution in either case. SECTION 9. EFFECTIVE DATE. This ordinance shall take effect and be in force upon its passage and publication as required by law. • SECTION 10. ENFORCEMENT. The City's enforcement agency or the Anoka County Sheriffs Department in order to provide enforcement, shall be exempt from the requirements of this ordinance. (109A, 1/5/99) Adopted by the City Council of the City of Andover this 6th day of June, 1995. CITY OF ANDOVER J.E.McKelvey,Mayor ATTEST: Victoria.Volk, City Clerk Amended 109A, 1/5/99 • FROM : CITY OF ZIMMERMAN PHONE NO. : 6128564787 Oct. 05 2000 12:00PM P2 • CHAPTER 5. HEALTH AND WELFARE 5.01. SNOWMOBILES. (amended and added by Ord. # 232) 5.011. Purpose. The purpose of this section is to provide reasonable regulations for the use of snowmobiles on public and private property in the City of Zimmerman. This section is not intended to allow what the Minnesota State Statutes expressly prohibit nor to prohibit what the State Statutes allow. It is intended to prevent a public nuisance. 5.012. Incorporation of State Statute. Any person operating a snowmobile within the City of Zimmerman, unless. provided otherwise herein, shall be subject to the provisions of the Minnesota Statues, §84.81 through 84.929, inclusive, as amended, and the regulations of the Commissioner of Natural Resources ("Commissioner"), adopted pursuant hereto. 5.013. Definitions. For the purposes of this section, the definitions listed below shall be construed as follows: City shall mean the City of Zimmerman, Sherburne County, Minnesota. Council shall mean the City Council of the City of Zimmerman. Dead man Throttle or Safety Throttle shall mean a device which when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism. • Operate shall mean to ride in or on. and control the operation of a snowmobile. Operator shall mean every person who operates, or is in actual physical control of a snowmobile. Person shall mean an individual, partnership, corporation, the State and its agencies and subdivisions, and any body of persons, whether, incorporated or not. Public Property shall mean property that may be used for all of the public subject to reasonable regulation by a governmental body. Such property includes City parks, City parking lots and public school parking lots and grounds. Roadway shall mean that portion of a street or highway improved, designed or ordinarily used for vehicular travel. Semi-Public Property shall mean private property generally for use by the public but not owned or maintained by a governmental body. Such property includes without limitation: church property, shopping center property and other property generally used by patrons of a commercial or private business establishment. Snowmobile shall mean a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. • Street or Highway shall mean the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. FROM : CITY OF ZIMMERMAN PHONE NO. : 6128564787 Oct. 05 2000 12:00PM P3 • 5.014. Limitation of Operations. Subd. 1. Snowmobiles may be operated only in the following locations within the City: a. On the Operator's property subject to the provisions of this chapter. b. On privately owned property if the Operator has in possession written permission from the property owner or, on privately owned property if the property owner has posted a clearly visible notice indicating "Snowmobiles Allowed" or words substantially similar. c. On public trails specifically designated by Council resolution or on lakes which are subject to the jurisdiction of the City. d. On trunk highway, county state aid highway or county roads as regulated by the State of Minnesota or the County of Sherburne. e. On City streets 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, except that no snowmobiles may be operated on any city streets in the area designated on official City of Zimmerman maps as "No Snowmobile Traffic". f. On Public or Semi-Public property only if clearly posted with signs designating • the area or specific areas as snowmobile operating areas or trails. Subd. 2. It shall be unlawful for any person to operate a snowmobile within the City in the following manner: a. On a public sidewalk or walkway provided or used for pedestrian travel, b. 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. Subd. 3. Hours of Operation. No snowmobile may be operated any place in the City of Zimmerman between the hours of 1:30 a.m. and 7:00 a.m. 5.015. Persons Under 18. Subd. 1. No person under the age of 16 may operate a snowmobile on any City street in the City of Zimmerman. Subd. 2. A person 16 years of age or older but less than 18 years may operate a snowmobile on a City street only if the person has in immediate possession a valid snowmobile safety certificate issued by the Commissioner. Subd. 3. A person 14 years of age or, older but less than 16 years may make a direct crossing 1111 of a City street only if the person has immediate possession a valid snowmobile safety certificate issued by the Commissioner. FROM : CITY OF ZIMMERMAN PHONE NO. : 6128564787 Oct. 05 2000 12:01PM P4 • 5.016. City and State Traffic Ordinances. City and State laws shall apply to the operation of snowmobiles upon streets and highways in the City. 5.017. Towing. It is unlawful for any person to operate a snowmobile so as to tow any person or thing on a public street except through the use of a rigid tow bar attached to the rear of the snowmobile. 5.018. Equipment. It is unlawful for any person to operate a snowmobile any place within the limits of the City unless it is equipped with the following: a. Brakes adequate to control the movement of, and to stop and hold, the snowmobile under any condition of operation. b. A safety or so-called "dead man" throttle in operating condition. c. When operated between the hours of one-half hour before sunrise, one-half hour after sunset, or at any time of reduced visibility, snowmobiles shall have at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such, head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming motor vehicle Operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance under normal atmospheric conditions. • d. Snowmobilers must have reflective material of at least 16 square inches on each side forward of the handlebars, so as to reflect lights at a 90 degree angle. e. Standard mufflers which are properly attached and in constant operation and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, bypass, straight pipe or similar device and the exhaust system shall not emit or produce a sharp popping or cracking sound. 5.019. Penalty. Subd. 1. Misdemeanors. Unless another penalty is expressly provided in this code, any person violating any provisions of this code, or any rule or regulation adopted in the pursuance thereof, or any other provision of any code adopted in this code by reference. including any provision declaring an act or omission to be a misdemeanor. shall, upon conviction, be subject to a fine of not more than$700 or imprisomnent for a term of not to exceed 90 days or both, plus, in either case, the costs of prosecution. Subd. 2. Separate Violations. Unless otherwise provided, each act of violation and every day on which a violation occurs or continues constitutes a separate offense. •