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ARTICLE V. SNOWMOBILES AND ALL TERP~AI,T VEHICLES (ATVs)*
Page 1 of 4
.'
SNOWMOBilES
ARTICLE V. SNOWMOBilES AND ALL TERRAIN VEHICLES (ATVs)*
*Editor's note: Ord. No. 02-13, S 1, adopted Notv'. 12, 2002, amended Art. V in its entiretyto
read as herein set out. Former Art. V, SS 74-151--74-158, pertained to snowmobUes and
derived from Ord. No. 01-11, S 1, adopted Aug. 20, 2001.
State law references: Snowmobiles, Minn.Stats. S 84.81 et seq.
Sec. 74-151. Applicability.
This article applies to the operation of snowmobiles and all terrain vehicles (ATVs) 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.
(Ord. No. 02-13, S 1(1104.00), 11-12-2002)
Sec. 74-152. Definitions.
The words, combination of words, terms or phrases used in this article and defined in
Minn. Stats., S 84.81, shall have the meanings given them by that section.
(Ord. No. 02-13, S 1(1104.02), 11-12-2002)
State law references: Definitions generally, S 1-2.
Sec. 74-153. Adoption of state law by reference.
The provisions of Minn. Stats. S 84.82 p~rtaining to registration, Minn. Stats. S 84.87
pertaining to snowmobile operation and regulations by municipalities, Minn. Stats. S 84.871
pertaining to equipment requirements, Minn. Stats:. S 84.872 pertaining to youthful snowmobile
operators, Minn. Stats. S 84.88 pertaining to penalties are adopted and made a part of this
article as if set out in full.
The provisions of Minn. Stats., SS 84.9 et.f31. pertaining to A TV regulations are adopted
and made a part of this article as if set out in full.
(Ord. No. 02-13, S 1(1104.04), 11-12-2002)
snowmopiles
~I~ III .ar bperetiOn wtttrift....ctty...; $nowrJobif~.'!
~_NO.S~~~~~.~~~~em~rth~~o:~i~e S~$~~~~~,t ~~I~~:~i;1 r~c~~~g~2'
property, is prohibited in order to protect the safety of snowmobilers and citizens of Elk River.
Within the city, snowmobiles may be operFited for recreational purposes on:
(1) Property you own, .
(2) Property for which you have ~ritten permission in your possession to ride,
(3) Over Lake Orono (when safely iced over), when legally accessed as
defined in this article and not closer than 100 feet from the shoreline, skating
rinks, fish houses, and pedestrians,1 and
(4) Over the Elk River (when ~afely iced over), when legally accessed as
defined in this article. .
http://library12.municode.com/gateway .dlllrnnlminnes.. tal2134/2230/223 5?f=templates$fn... 5/18/2005
ARTICLE V. SNOWMOBILES AND ALL TERRAI1 VEHICLES (ATVs)* Page 2 of 4
Within the city, travel through the city on a LnowmObile may occur within the bottom or
outside slope of the ditches adjacent to the following county roads or state highways: County
Road 30 from Big Lake Township Border, east to Waco Street north, County Roads 1, 12, 13,
21,31,32,33,77, and State Highways 10 and 169. In cases where paved trails or sidewalks
are located on one side of the county road or highway, travel shall be limited to the side without
the paved trail or sidewalk. In no case shall travel! occur through the No Snowmobile Zone on
the above-identified roads or highways. Travel from the City of Otsego from Parrish Avenue to
Highway 169 is allowed on Main Street.
For local access to the above-identifie~ through-city travel routes, snowmobiles
displaying a city-issued local access sticker may t1avel on the right hand side of local streets on
the paved surface within the curb line from the op~rator's place of residence to the travel route
via the most direct route. Any return trip must occur in the same manner. Travel for local access
shall be at a rate not to exceed 20 miles per hour. must travel single file in this
instance.
Lake Orono or the Elk River may be accessed directly from private property, by trailering
sleds to the Lake Orono boat landing, or via loqal access as defined above. Travel through
Orono Park shall be via the park's driveways and parking lots, not through the park itself.
Within the city, 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, cemeteries,
schools, golf courses, and other public buildings and structures.
(2) Within 100 feet of any fisherman, fish house, shelter, pedestrian, skating
rink, sliding area or in any other artea where such operation would conflict with
the use or endanger other persons or property.
(3) At any place, while under th~ influence of intoxicating liquor, narcotics or
habit-forming drugs.
(4) At a rate of speed greater than posted for the county road or highway, or
reasonable for the surrounding circumstances, and in the case of local access,
not to exceed 20 miles per hour.
(5) At any place in a careless, reqkless or negligent manner so as to endanger
the person or property of another orto cause injury or damage thereto.
(6) In any tree nursery or planting in a manner which damages or destroys
growing stock. I
Snowmobiles shall not be operated 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 20 miles per hour.
(Ord. No. 02-13, S 1(1104.05),11-12-2002)
Sec. 74-155. Operating requirements.
In order to operate a
snowmobile must have:
(1) Elk River residents (living within the city's corporate boundaries) shall
obtain and display a local access st!icker in a highly visible location on both sides
of the hood of the snowmobile. Local access stickers shall be obtained from the
city on an annual basis and fOr the fee set by city council resolution.
Nonresidents shall not be issued l<Dcal access stickers and shall remain on the
trails identified in section 74-154.
laVvfully within the city's corporate limits, a
http://library 12.municode.comJ gateway .dlllmn/minnes ta/2134/223 0/223 5?f=templates$fn... 5/18/2005
ARTICLE V. SNOWMOBILES AND ALL TERRAI~ VEHICLES (ATVs)*
Page 3 of 4
(2) A lighted headlight and taillight.
(3) 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.
(4) Without any noise-making d~vice which amplifies noise emitted from the
including, but not limited to, tuned exhausts cut-outs or straight
pIpes.
(Ord. No. 02-13, 91(1104.06),11-12-2002)
snowmobiles
Sec. 74-156. Unattended snowmobiles.
It shall be unlawful for the owner or operator of a to leave a snowmobile
in a public place without locking the ignition, removing the key and keeping the same in his
possession.
(Ord. No. 02-13, 91(1104.08),11-12-2002)
Sec. 74-157. Operation within the city limits, ATVs.
For defining where all terrain vehicles (A TVs) are permitted to operate, the city has been
divided into two parts:
(1) NoATVzone
(2) A TV zone
The city council, may, from time to time, adppt an official map defining the boundaries of
the no A TV zone.
(1) No ATV zone: The operation of an ATV within the No ATV Zone is
permitted:
a. On designated A TV trails accessed from established trailheads.
b. On property that you own or which you have permission on your
person to ride. On property you own, you may not operate an ATV in a
repetitive, continuous manner.
c. In the winter, on Lak~ Orono not closer than 100 feet from the
shoreline, skating dnks, fish houses and pedestrians.
d. For agricultural or utility use as per state statute and after issuance
of a city permit.
(2) ATV zone: The operation of an ATV within the ATV zone is permitted:
a. On designated A TV trailis access from established trailheads.
b.On property you own or which you have permission on your person
to ride.
c. On a private track in corrpliance with the following standards:
~'~to~:m~he~1um'Qf'1,QOO feet from anYjfesidence,exceptt
,,- .. I
2. Located a minimum of 1,000 feet from a livestock shelter
and/or arena, except that of the owner
3;ijl[,~MU$fbesetbact<lI150.feet from any-propertY fine ,
e. For agricultural or utility use as per state statute and after issuance
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ARTICLE V. SNOWMOBILES AND ALL TERRAINlvEHICLES (ATVs)*
Page 4 of 4
of a city permit. .
I
e. In the ditch or outside slope of County Roads 1, 13, 21, 32, and 33 if
they can be accessed directly from your property.
Anywhere within the corporate limits of the city, A TVs shall not be operated:
(1) On public lands, including but not limited to: public parks, playgrounds,
trails, sidewalks, paths, open spaqes, scenic and historic sites, schools, golf
courses, and other public buildings and structures.
(2) On city streets and their related rights-of-way area per state statute.
(3) Within 100 feet of any fisherrtJan, fish house, shelter, pedestrian, skating
rink, sliding area or in any other ar~a 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 greate~ than reasonable or proper under all the
surrounding circumstances. .
(6) At any place in a careless, rec~less or negligent manner so as to endanger
the person or property of another or to cause injury or damage thereto.
(Ord. No. 02-13, 91(1104.09),11-12-2002)
Sec. 74-158. Penalty.
Any person violating any provision of this qrticle shall be guilty of a misdemeanor, and
upon conviction thereof, shall be punished by $ fine of not more than $1,000.00 or by
imprisonment of not more than 90 days, or both, plus costs of prosecution in either case.
(Ord. No. 02-13, 91(1104.10), 11-12-2002)
Sec. 74-159. Application of other laws.
The provisions of Minn. Stats. ch. 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.
(Ord. No. 02-13, 91(1104.11),11-12-2002)
Cross references: Streets, sidewalks and other public, ch. 66.
Secs. 74-160--74-180. Reserved.
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NUISANCES
involved, by mail or by personal service. ~e
order ~ay provide that the building or structure
not be ';further used or occupied until repair Qr
correcttpn of the defect.
(Code 1982, S 500.08)
Crqss reference-BJ,lildings and building regulatio~,
~ 30-61.~M~q. I
Sec. 46-36. Excessive noise.
"
It is declared to be a public nuisance for any
person to make or assist in the making of any
nuisance noise or any loud, unnecessary or u4-
usual sOllJ:ld or any sound whichaIlnoys,disturbs
or ~ctSthe eonrlbrt;i~e;:tlefilth;'~~~.' ~r
sttfetyofothers in the city. ~r
(Code 1982, S 500.10)
Sec. 46-37. Specific noises prohibited.
The following are declared to be nuisance noises:
(1) Horns oT' sirens. The sounding of any siren
or any horn, siren, br other signaling
device on a motor vehicle except in cases
of imminent danger or emergency, or blow-
ing of a locomotive whistle or steam whis-
tle except to give notice of the time to
begin or stop work or as a warning of fire
or danger.
(2) Radios, phonographs, tape recorders, etc.
The use or operation of a radio receiving
set, musical instrument, phonograph, tape
recorder or other machine or device used
for production or reproduction of sound at
a volume in excess of that reasonably
necessary for the convenient hearing of
the persons in the room, vehicle, or cham-
ber in which the machine or device is
being operated. The operation of any ra-
dio receiving set, musical instrument, phq-
nograph, tape recorder, or other machinb
or device for the reproducing or producing-
of sound between 11:00 p.m. and 7:00 a.lIt.
shall be prima facie evidence of a violatiol;1
ofthis article if sound therefrom is plainly
audible: '
a. In an apartment or hallway of ~
multifamily building adjacent to the
unit where the device is operating.
CD46:5
I
~ 46-37
b. At the boundary ofthe real property
on which the device is operated.
c. At'll distance of 50 feet from any
motor vehicle in which the device is
operating.
(3) Loudspeakers, amplifiers and sound trucks.
The use or operation of any loudspeaker,
sound amplifier, sound truck, or vehicle
equipped with sound amplifying devices
or other machine or device for the produc-
ing or reproducing of sound which is used
to attract the attention of the public to
any building, structure, business, vehicle,
or other area.
(4) Human noise. Yelling, shouting, scream-
ing, whistling, or singing at any time or
place so as to annoy or disturb the quiet,
comfort, or repose of any persons in any
office, dwelling, hotel, motel, other place
of residence, or in the vicinity of the
source.
(5) Noisy animals. The frequent or continued
barking, howling, or other noise from any
animal or bird not confined within a build-
mg.
(6) Vehicle loading and exhausts. The dis-
charge of the exhaust of any motor vehicle
into the ambient air except through a
muffler which is free of holes, cracks, or
other defects, or the operation, loading, or
unloading of any motor vehicle in such
manner as to create loud and unnecessary
grading, grinding, rattling, or other noise
which shall disturb the comfort or repose
of any persons in the vicinity.
(7) Construction activities. The erection, dem-
olition, alteration, or repair of any build-
ing or earthmoving or excavation activi-
ties occurring between the hours of 9:00
p.m. and 6:00 a.m. Monday through Sat-
urday or on Sunday, except as undertaken
by persons working on single-family resi-
dences occupied by them or as authorized
by the building inspector based upon an
emergency for the protection of health
and safety.
-~ 46-37
ELK RIVER CODE
(8) Creation of noise near school, court, church
or hospital. Any activity which generates
sound occurring adjacent a school, court,
church, or hospital while the premises are
in use and which unreasonably interferes
with the us~ thereof.
(9) Loud parties. Sound emanating from any
party or gathering between the hours of
11:00 p.m. and 7:00 a.m. of a sufficient
volume so as to disturb the peace, quiet,
or repose of other persons within the city.
It shall be prima facie evidence of a viola-
tion of this article if the sound of the party
or gathering is audible to a human ear at
a distance of 50 feet from the building or
dwelling unit from which the sound ema-
nates. Any person who participates in a
party or gathering which generates nui-
sance noise shall be guilty of maintaining
a public nuisance. If any party or gather-
ing is determined by a city official to
generate nuisance noise, all persons ex-
cept the owner or permanent occupant
shall promptly leave the premises in an
orderly manner. A violation ofthis subsec-
tion shall be deemed to be the act of the
owner of the residential dwelling unit
wherein it occurs, as well as the persons
on the premises who violate this subsec-
tion, except that the owner of a dwelling
unit occupied by others shall be liable
only for those violations occurring after a
written notice of a violation of this sub-
section shall have been received.
(Code 1982, SS 500.12, 500.14)
Sec. 46-38. Abatement by city.
(a) Upon discovering a public nuisance under
the provisions of this article the city administra-
tor or designee shall serve a notice upon the
owner of the property upon which the nuisance
exists. Such notice shall be given by certified mail
at the last known address as shown on the prop-
erty tax records of the county. Such notice shall
advise that a nuisance exists and require the
property owner to abate the nuisance within a
reasonable time, as established by the city admin-
istrator or designee and stated in the notice. Such
time shall not be less than 14 days. Such notice
shall ~so advise the property owner of the right
to request a hearing before the city administrator
or designee to contest the contents of the notice.
(b) [frequested by the p~rson upon whom the
notice :is served under subsection (a) of this sec-
tion, 8f hearing before the city administrator or
design~e shall be held at which the person may
contest the contents ofthe notice. The request for
such a hearing must be made within five days
after receipt of the notice provided for in subsec-
tion (a) of this section. After such hearing the city
admintstrator or designee may affirm the notice,
modifY the notice or quash the notice.
(c) If the property owner does not abate the
nuisance as required by the notice provided for in
subsection (a) of this section and has not re-
quested a hearing before the city administrator or
designee under subsection (b) of this section,
authorized agents of the city shall abate the
nuisance. The cost of such abatement shall be
collected as l,l special assessment against the
property upon which the nuisance was located.
(d) If the property owner requests a hearing
before the city administrator or designee under
subsection (b) of this section, no abatement ac-
tions shall be taken until the hearing is held. If
after the hearing the city administrator or desig-
nee affirms or modifies the notice and the nui-
sance i~ not abated as provided in the notice as
aff1rm~d or modified, authorized agents ofthe city
shall abate the nuisance. The cost of such abate-
ment shall be collected as a special assessment
against the property upon which the nuisance
was located.
(e) Nothing in this section prevents abatement
by the city of a public nuisance without notice and
hearing in the case of an emergency in which
there i$ an immediate and direct threat to the
public health or safety. The expense of such an
emergency abatement shall be collected as a spe-
cial ass~ssment against the property upon which
the nuisance was located.
I
I
CD46:6
,&
SNOWMOBILE RU4ES - SUMMARY
The following information is provided in an attempt to distill the new .
snowmobile ordinance into a condensed version that will address the most commonly asked
questIons.
1. There is NO recreational snowmobile riding allowed in the City of Elk River,
I
except: I
a. You may ride on your own property or property which you have permission.
b. You may ride on the BLUE (dashed) Routes identified on the Elk River Snowmobile
map, (note, that on some routes, only one side of the road is open for riding).
c. You may ride on iced over Lake Orono (must stay 100 ft from shore) and the Elk River
when you determine that it is safe to ride.
2. You may access the BLUE (dashed) Routes and Lake Orono from your home with the
following limitations;
a. You must ride on the far right side of City Streets (all roads not colored BLUE or
dashed), between the curbs on the asphalt dr on the asphalt on the edge of streets that
do not have cuibs, at a maximum speed of 20 MPH.
b. You must travel by the most direct route as defined above, to and from the Blue
(dashed) Routes. .
c. You must obtain and clearly display a Local Access sticker on the hood of your machine.
d. Y au may also access BLUE (dashed) Routes and Lake Orono by trailering your sled to a
trailhead or the Lake Orono boat landing.
e. You may ride only between the hours of 7 am and midnight.
. 1
As an added note to clarify Local Access, you maylnot use City Streets for recreational riding or
to go to a destination such as a friend's house, unless that destination is on a Blue (dashed)
Route.
3. ABSOLUTELY NOSNO\VMOBILE TRAVEL IS ALLOWED IN THE "RED"
(CROSS-HATCHED) ZONE AS DEFINED ON THE SNOWMOBILE MAP, except
on the BLUE (dashed) Route that passes through that zone. .
PLEASE HELP KEEP THE RIGHT TO SNOWMOBILE FROM YOUR HOUSE TO
AND FROM TRAILS BY OBEYING ORDINANCE;
Revised October 2003
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SNOWMOBILE H.EGULATIONS 2002-2003~05
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AREA.
ATV USE 2002-2003
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