8.2 SR 10-16-2023
Request for Action
To Item Number
Mayor and City Council 8.2
Agenda Section Meeting Date Prepared by
General Business October 16, 2023 Tina Allard, City Clerk
Item Description Reviewed by
Ordinance Amendment: Eliminate Local Permitting Cal Portner, City Administrator
of Snowmobiles and ATVs
Reviewed by
Action Requested
Adopt, by motion, an ordinance amending Chapter 74 to eliminate local access permit stickers for snowmobiles
and ATVs.
Background/Discussion
Staff from police, planning, parks and recreation, and public works met to discuss updates to the ATV and
snowmobile boundary maps. This year part of the discussion was about whether to continue to require local
access permit stickers to travel along local streets.
In 2001, when the original ordinance was implemented, the city was experiencing growth from rural to a more
urban environment and there were issues with snowmobiles traveling across the lawns of property owners with
concerns of speed and safety.
Staff would recommend eliminating the local access stickers for the following reasons:
Per the police department this has been a non-issue for many years.
Only 1-2 permits are issued per season for snowmobiles and zero permits have been issued for ATVs.
These types of special use vehicles are already registered with the Department of Natural Resources.
State and local regulations would remain in effect and these types of special use vehicles still need to follow the
laws and can be cited for any violations.
Financial Impact
Nominal
Mission/Policy/Goal
City Mission
Attachments
Draft Ordinance
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: January 2023
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Ordinance 23 - ____
An Ordinance Amending Chapter 74 – Traffic and Vehicles, Article V. –
Snowmobiles and All Terrain Vehicles (ATVs) of the City of Elk River, Minnesota,
City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Chapter 74 – Traffic and Vehicles, Article V. – Snowmobiles and All
Terrain Vehicles (ATVs) of the City of Elk River Code of Ordinances shall be amended for the
following sections to add the underlined and eliminate the strikethrough language as follows:
ARTICLE V. – SNOWMOBILES AND ALL TERRAIN VEHICLES (ATV’S)
Sec. 74-154. – Operation within the city limits, snowmobiles.
The city council, may, from time to time, adopt an official map defining the boundaries of a No
Snowmobile Zone within which snowmobiling, including recreational riding on your own property,
is prohibited in order to protect the safety of snowmobilers and citizens of Elk River.
Within the city, snowmobiles may be operated for recreational purposes on:
(1) Property you own,
(2) Property for which you have written 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, and
(4) Over the Elk River (when safely iced over), when legally accessed as defined in this article.
Within the city, travel through the city on a snowmobile 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-identified through-city travel routes, snowmobiles displaying a
city-issued local access sticker may travel on the right hand side of local streets on the paved surface
within the curb line from the operator's place of residence to the travel route via the most direct
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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. Snowmobiles 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 local 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, 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, 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 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 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, 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.
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.
Sec. 74-155. Operating requirements.
In order to operate a snowmobile lawfully within the city's corporate limits, a snowmobile must
have:
(1) Elk River residents (living within the city's corporate boundaries) shall obtain and display a
local access sticker 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 local access
stickers and shall remain on the trails identified in section 74-154.
(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 device which amplifies noise emitted from the snowmobile,
including, but not limited to, tuned exhausts cut-outs or straight pipes.
Sec. 74-157. Operation within the city limits, ATVs.
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For defining where all terrain vehicles (ATVs) are permitted to operate, the city has been
divided into two parts:
(1) No ATV zone
(2) ATV zone
The city council, may, from time to time, adopt an official map defining the boundaries of the
no ATV zone.
(1) No ATV zone: The operation of an ATV within the No ATV Zone is permitted:
a. On designated ATV 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 Lake Orono not closer than 100 feet from the shoreline, skating
rinks, 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 ATV trails 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 compliance with the following standards:
1. Located a minimum of 1,000 feet from any residence, except that of the owner
2. Located a minimum of 1,000 feet from a livestock shelter and/or arena, except
that of the owner
3. Must be setback 50 feet from any property line
e. For agricultural or utility use as per state statute and after issuance of a city permit.
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, ATVs 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) On city streets and their related rights-of-way area per state statute.
(3) Within 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 the surrounding
circumstances.
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(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.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 16th day of October, 2023.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk
Last Updated January 2023