ORD 26-09city of
Elk
Fiver
Ordinance 26-09
An Ordinance Amending Chapter 54, Article II, Public Conduct in Parks, 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 54, Article II, Public Conduct in Parks of the City of Elk River Code of
Ordinances shall be amended to add the following Section:
Section 54-35 REGULATION OF ELECTRIC -ASSISTED BICYCLES MOTORIZED FOOT
SCOOTERS AND ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES ON PAVED CITY
TRAILS
DEFINITIONS
A Electric -Assisted Bicycle. The term "electric -assisted bicycle" shall have the meaning ascribed to it in
Minnesota Statutes Section 169.011 Subdivision 27 as amended. This definition includes all Class 1 Class 2 and
Class 3 electric -assisted bicycles. as defined in Minnesota Statutes Section 169.011 Subdivisions 15a 15b and 15c
with facto - installed full functional edals. This definition does not include vehicles resemblingelectric-assisted
bicycles eqWpped with an electric motor with a 12ower ou ut exceeding 750 watts or capable of providing
•sistance when the vehicle reaches a speed exceeding 28 miles 12er hour.
B Motorized Foot Scooter. The term "motorized foot scooter" shall mean any foot scooter with handlebars
desi pried to be stood or sat on and powered by an electric motor able to propel the device with or without human
assistance.
C Electric Personal Assistive Mobility Device (EPAMD). The term "EPAMD" shall have the meanin
ascribed to it in Minnesota Statutes Section 169.011 Subdivision 26 as amended.
(D) Paved City Trail. The term "Paved City Trail" shall mean any desioated bicycle trails bikeway, multi -use
trail, or shared use trail which is surfaced with asphalt, concrete, or similar hard material, and is located upon public
land and under the ownership. jurisdiction or maintenance of the Cit : of Elk River. For the pu&poses of this
Chapter, the term spgcificA excludes streets hi hwa s and ublisidewalks.
OPERATION ON PAVED CITY TRAILS
A Applicabilily. This section shall govern the operation of electric -assisted bicycles, motorized foot scooters
and Electric Personal Assistive Mobili Devices EPAMDs exclusivel • pl2on. any Paved City Trail. The
o eration of such vehicles on streets highways. or public sidewalks shall be governed b - other applicable Cirv. Code
rovisions and Minnesota Statutes Chapter 169.
B Maximum Speed Limit. No person shall operate an electric -assisted bicycle motorized foot scooter, or
EPAMD upon any Paved Qjy Trail at a rate of speed in excess of 20 miles per hour rn h . This s eed
restriction shall al-)Rlv regardless of the maximum assisted speed authorized by Minnesota Statute for the class of
�ctric-assisted bicycle being operated.
(C) Reasonable and Prudent Speed. Notwithstanding the maximum speed limit established in subsection .),_the
operator of an electric -assisted bicycle, motorized foot scooter. or EPAMD shall at all times operate the vehicle
at a speed that is reasonable and prudent under the conditions and having re and to the actual and potend
hazards then existing. including, but not limited tn, the trail surface conditions, trail width, 6s,ib lityr and the
presence of pedestrians or other trail users.
(D) Yielding to Others. The operator of an electric -assisted bicycle, motorized foot scooter, or EPAMD
must at all times yield the right-of-way to all pedestrians and other trail users o era non -motorized devices or
vehicles. The operator of an electric -assisted bicycle motorized foot scooter. or EPAMD shall decrease speed
and give an audible sknal before overtaking and passing an erson proceeding in the same direction.
OPERATION ON UNPAVED TRAILS, GRASS AREAS, PLAYGROUNDS, AND SKATE PARKS
LA) General Prohibition. The operation of any electric -assisted bicycle motorized foot scooter, or EPAMD
shall be stricdy prohibited on any unpaved, natural surface, grass, or dirt trails,121nVround including nature play
areas),, skate parks, and on any unimproved park land or grass area located within the City of Elk River.
B Exception for Hillside Park. Notwithstandjug the general prohibition in subsection A only Class 1
electric -assisted bicycles are permitted for use on the designated, unpaved recreational trails located within
Hillside Park.
(C) Continued Prohibition. The prohibition established in subsection (A) shall continue to apply tr�the operation
of Class 2 and Class 3 electric -assisted bicycles, motorized foot scooters, and EPAMDs within Hillside Park.
PROHIBITION OF OTHER MOTORIZED VEHICLES AND INTERNAL COMBUSTION
POWERED DEVICES.
Notwithstanding any other provision of this Chapter, the operation of any motorized vehicle or device other than
an electric -assisted bicycle, motorized foot scooter, or EPAMD, including any device powered by an internal
combustion engine. is strictly prohibited on all Paved City Trails, unpaved trails, play��rounds (including nature
play areas). skate parks, natural surfaces, unimproved park land, or grass areas located within the City of Elk Rivei
GENERAL EXCLUSIONS.
The regulations and ,prohibitions set forth in this Chapter shall not apply to the operation of any manual or
motorized wheelchair scooter, tricycle or similar device used by a disabled 12erson as a substitute for w
VIOLATION AND PENALTY.
(A) Violation. Any person violaiing any provision of this chapter shall be guil", of a petty misdemeanor.
B Enforcement. The Elk River Police DMartment or any authorized Code Enforcement OfficiaL shall have the
authority to enforce the provisions of this chTyter.
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 second (2) day of February, 2026.
*njDi Mayor
ATTEST:
Jolene Richter, Deputy City Clerk
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
I do solemly swear that the notice, as per the
proof, was published in the edition of the
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 04/11/2026 and the last
insertion being on 04/11/2026.
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
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper(s
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 04/11/2026
I�T -
Notary Public
o��"fisT9, JACQUELINE HUERTA
Notary Public
Minnesota
My Commission Expires Jan. 31, 2029
Rate Information:
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
Ad ID 1529652
CITY OF ELK RIVER
ORDINANCE 26 - 09
AN ORDINANCE
AMENDING CHAPTER 54,
ARTICLE II, PUBLIC
CONDUCT IN PARKS, 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 54,
Article II, Public Conduct in Parks
of the City of Elk River Code of Or-
dinances shall be amended to add
the following Section:
Section 54-35 REGULATION
OF ELECTRIC -ASSISTED BI-
CYCLES, MOTORIZED FOOT
SCOOTERS, AND ELECTRIC
PERSONAL ASSISTNE MOBIL-
ITY DEVICES ON PAVED CITY
TRAILS
DEFINITIONS
(A) Electric -Assisted Bicy-
cle. The term "electric -assisted
bicycle" shall have the meaning
ascribed to it in Minnesota Stat-
utes Section 169.011, Subdivision
27, as amended. This definition
includes all Class 1, Class 2, and
Class 3 electric -assisted bicycles,
as defined in Minnesota Statutes
Section 169.011, Subdivisions 15a,
15b and 15c, with factory installed
fully functional pedals. This defini-
tion does not include vehicles re-
sembling electric -assisted bicycles
equipped with an electric motor
with a power output exceeding 750
watts or capable of providing assis-
tance when the vehicle reaches a
speed exceeding 28 miles per hour.
(B) Motorized Foot Scooter.
The term "motorized foot scoot-
er" shall mean any foot scooter
with handlebars, designed to be
stood or sat on, and powered by
an electric motor able to propel
the device with or without human
assistance.
(C) Electric Personal Assis-
tive Mobility Device (EPAMD).
The term "EPAMD" shall have the
meaning ascribed to it in Minnesota
Statutes Section 169.011, Subdivi-
sion 26, as amended.
(D) Paved City Trail. The term
"Paved City Trail" shall mean any
designated bicycle trail, bikeway,
multi -use trail, or shared -use trail
which is surfaced with asphalt,
concrete, or similar hard material,
and is located upon public land
and under the ownership, jurisdic-
tion, or maintenance of the City of
Elk River. For the purposes of this
Chapter, the term specifically
excludes streets, highways, and
public sidewalks.
OPERATION ON PAVED CITY
TRAILS
(A) Applicability. This section
shall govern the operation of elec-
tric -assisted bicycles, motorized
foot scooters, and Electric Per-
sonal Assistive Mobility Devices
(EPAMDs) exclusively upon any
Paved City Trail. The operation
of such vehicles on streets, high-
ways, or public sidewalks shall be
governed by other applicable City
Code provisions and Minnesota
Statutes, Chapter 169.
(B) Maximum Speed Limit.
No person shall operate an elec-
tric -assisted bicycle, motorized
foot scooter, or EPAMD upon
any Paved City Trail at a rate of
speed in excess of 20 miles per
hour (mph). This speed restriction
shall apply regardless of the maxi-
mum assisted speed authorized by
Minnesota Statute for the class of
electric -assisted bicycle being op-
erated.
(C) Reasonable and Prudent
Speed. Notwithstanding the max-
imum speed limit established in
subsection (8), the operator of an
electric -assisted bicycle, motor-
ized foot scooter, or EPAMD shall
at all times operate the vehicle at a
speed that is reasonable and pru-
dent under the conditions and hav-
ing regard to the actual and poten-
tial hazards then existing, including,
but not limited to, the trail surface
conditions, trail width, visibility, and
the presence of pedestrians or oth-
er trail users.
(D) Yielding to Others. The op-
erator of an electric -assisted bi-
cycle, motorized foot scooter, or
EPAMD, must at all times yield the
right-of-way to all pedestrians and
other trail users operating non -mo-
torized devices or vehicles. The
operator of an electric -assisted
bicycle, motorized foot scooter,
or EPAMD shall decrease speed
and give an audible signal before
overtaking and passing any person
proceeding in the same direction.
OPERATION ON UNPAVED
TRAILS, GRASS AREAS, PLAY-
GROUNDS, AND SKATE PARKS
(A) General Prohibition. The
operation of any electric -assisted
bicycle, motorized foot scooter,
or EPAMD shall be strictly prohibit-
ed on any unpaved, natural surface,
grass, or dirt trails, playground (in-
cluding nature play areas), skate
parks, and on any unimproved park
land or grass area located within
the City of Elk River.
(B) Exception for Hillside Park.
Notwithstanding the general prohi-
bition in subsection (A), only Class
1 electric -assisted bicycles are
permitted for use on the designat-
ed, unpaved recreational trails lo-
cated within Hillside Park.
(C) Continued Prohibition. The
prohibition established in subsec-
tion (A) shall continue to apply to
the operation of Class 2 and Class
3 electric -assisted bicycles, mo-
torized foot scooters, and EP-
AMDs within Hillside Park.
PROHIBITION OF OTHER MO-
TORIZED VEHICLES AND INTER-
NAL COMBUSTION POWERED
DEVICES.
Notwithstanding any other pro-
vision of this Chapter, the operation
of any motorized vehicle or device
other than an electric -assisted
bicycle, motorized foot scooter,
or EPAMD, including any device
powered by an internal combustion
engine, is strictly prohibited on all
Paved City Trails, unpaved trails,
playgrounds (including nature play
areas), skate parks, natural surfac-
es, unimproved park land, or grass
areas located within the City of Elk
River.
GENERAL EXCLUSIONS.
The regulations and prohibitions
set forth in this Chapter shall not
apply to the operation of any man-
ual or motorized wheelchair, scoot-
er, tricycle, or similar device used
by a disabled person as a substi-
tute for walking.
VIOLATION AND PENALTY.
(A) Violation. Any person vio-
lating any provision of this chapter
shall be guilty of a petty misde-
meanor.
(B) Enforcement. The Elk River
Police Department, or any autho-
rized Code Enforcement Official,
shall have the authority to enforce
the provisions of this chapter.
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
21d day of February, 2026.
John J. Dietz, Mayor
ATTEST:
Jolene Richter, City Clerk
Published in the Star News
April 11, 2026
1529652