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Ordinance 23 - 22
An Ordinance Amending Chapter 74Traffic 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 Vehicle- � ATVsL of the City of Elk River Code of Ordinances shall be amended for the
following sections to add the underlined and eli.tninste the S 1146 di rotag,6 lan gua a 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
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:
(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
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 16tjoay of October, 2023.
ATTEST:
4',
Tina Allard, City Clerk
pIVIIEI I
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COUNTY OF SHERBURNE .
Brandi Botts being duly sworn on an oath,
states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as, provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed- and pub-
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 10/21/2023 and the last
insertion being on 10/21/2023.
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. §580.033
relating to the publication of mortgage
foreclosure notices: The newspaper, complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper's
known office of issue is located in a county
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circulation is in the latter county.
By:
Designated Agent
r
Subscribed and sworn to or affirmed before
me on 10/21/2023 by Brandi Botts.
Notary Public
DARLENE MARIE MACPHERSON
NOTARY PUBLIC - MINNESOTA,
My Commission Expires Jan 31, 2024
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Ad ID 1349016
CITY OF ELK RIVER
ORDINANCE 23 - 22
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 sttikethreugh language as fol-
lows:
ARTICLE V. — SNOWMOBILES
AND ALL TERRAIN VEHICLES
(ATVIS)
Sec. 74-154. — Operation with-
in the city limits, snowmobiles.
The city council, may, from time
to time, adopt an official map defin-
ing the boundaries of a No Snow-
mobile Zone within which snowmo-
biling, 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 posses-
sion to ride,
(3) Over Lake Orono (when safe-
ly iced over), when legally accessed
as defined in this article and not
closer than 100 feet from the shore-
line, skating rinks, fish houses, and
pedestrians, and
(4) Over the Elk River (when
safely iced over), when legally ac-
cessed as defined in this article.
Within the city, travel through
the city on a snowmobile may oc-
cur 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 side-
walks are located on one side of
the county road or highway, travel
shall be limited to the side with-
out 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 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 route. Any return
trip must occur in the same man-
ner. Travel for local access shall be
at a rate not to exceed 20 miles per
hour. Snowmobiles must travel sin-
gle 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 lo-
cal 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, play-
grounds, 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 fish-
erman, fish house, shelter, pe-
destrian, 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, nar-
cotics or habit-forming drugs.
(4) At a rate of speed greater
than posted for the county road or
highway, or reasonable for the sur-
rounding 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 proper-
ty of another or to cause injury or
damage thereto.
(6) In any tree nursery or planting
in a manner which damages or de-
stroys growing stock.
Snowmobiles shall not be op-
erated 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 res-
idence at a speed not in excess of
20 miles per hour.
Sec. 74-155. Operating re-
quirements.
In order to operate a snowmo-
bile lawfully within the city's cor-
porate limits, a snowmobile must
have:
(2) A lighted headlight and tail-
light.
(3) A muffler in good working or-
der 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 -mak-
ing device which amplifies noise
emitted from the snowmobile, in-
cluding, but not limited to, tuned
exhausts cut-outs or straight pipes.
Sec. 74-157. Operation within
the city limits, ATVs.
For defining where all terrain ve-
hicles (ATVs) are permitted to oper-
ate, 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 de-
fining 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 ac-
cessed 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 issu-
ance of a city permit.
(2) ATV zone: The operation of
an ATV within the ATV zone is per-
mitted:
a. On designated ATV trails ac-
cess from established trailheads.
b. On property you own or which
you have permission on your per-
son to ride.
c. On a private track in compli-
ance 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.
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, play-
grounds, trails, sidewalks, paths,
open spaces, scenic and historic
sites, schools, golf courses, and
other public buildings and struc-
tures.
(2) On city streets and their re-
lated rights -of -way area per state
statute.
(3) Within 100 feet of any fish-
erman, fish house, shelter, pe-
destrian, 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, nar-
cotics 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 en-
danger the person or property of
another or to cause injury or dam-
age 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
161' day of October, 2023.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Published in the
Star News
October 21, 2023
1349016