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4.3. SR 08-19-2002City MEMORANDUM Item # 4.3 TO: FROM: DATE: SUBJECT: Mayor and City Co~ Michele McPhersddr~irector of Planning August 19, 2002 Park and Recreation Commission Update Regulation of All Terrain Vehicles (ATVs) and Snowmobiles The August Park and Recreation Commission meeting included a discussion about the regulation of All Terrain Vehicles (ATV's) and snowmobiles. The City Council is asked to provide direction regarding the regulation of these items. Attachments State Statute, Snowmobile and ATV Regulations City Map, ATV Use Area City Map, Snowmobile Use Area - Option 1 City May, Snowmobile Use Area - Option 2 Draft Ordinance, Chapter 1104 Photos of Proposed River City Snow Riders Cross-City Trail Link Background As the Council is aware, a "moratorium" was established to prohibit snowmobiling south of County Road 33 early in 2002. The moratorium was enacted in order to give stafftime to develop a revised snowmobile ordinance and adopt new regulations prior to the 2002-2003 snowmobile season. The County established regulations for ATV use within the County on private property. Staff and members of the Park and Recreation Commission are suggesting that these two items be considered by the City Council at the same time as they have similar impacts to the City. Issues In order to begin to regulate these types of vehicles within the City, a clear understanding of State Statutes is needed. S:KPLANNING\MICHMC\CCREPRTS\ATVs-Snowmobiles.doc Memo to the Mayor and City Council ATV and Snowmobile Regulations Page 2 Statutory Regulations- Snowmobiles Under State Statute, snowmobiles may be ridden on the outside slope of a trunk, county state aid or county highway. The Statute allows for counties and cities to impose regulations for snowmobile operation on county highways, public lands and waterways and property under their jurisdiction and on streets and highways also within their jurisdiction (Section 84.87, Subd.3.). Statutory Regulations - All Terrain Vehicles (al TVs) Under State Statute, ATVs may be ridden in the ditch or outside slope of a trunk, county state aid, or county highway. They may be ridden within the public fight of way of atrunk, county state aid, or county highway if they are registered for agricultural use, but not from April 1 to August 1 unless they are traveling to and from work on agricultural lands. As with snowmobiles, a city may prohibit the use of ATVs on its public streets, or on public lands, waters, or property within its jurisdiction provided the rules are consistent with State Statute (Section 84.928, Subd. 6.). Elk River Constraints The City is continuing to become more urban in nature; however, people are attracted to the City due to its dose proximity to rural areas. Both snowmobile and ATV riders utilize two major corridors, Highway 169 and Highway 10. With two rivers and a lake, it is difficult to connect these two corridors. The barriers to City-wide ATV and snowmobile use and regulation are: a. densely populated urban core, b. highly trafficked corridors (Highways 10 and 169), c. the Elk and Mississippi Rivers, and Lake Orono, and d. multiple county roads that lead into the urban core e. railroad tracks There are however, properties within the urban core that are larger and may allow the use of ATVs or snowmobiles. Many properties are also adjacent to county roads that lead to high- use corridors. In addition, many ATV and snowmobile riders come from outside the corporate limits of the City. Re_eulation Options In order to regulate both ATV and snowmobile use, it is important to balance private property rights and impacts to adjacent residences. On a 20 or 40 acre parcel outside the urban core, the use of these vehicles is unlikely to have great impacts on adjacent properties versus on an urban size lot. There are three options to consider: Implement an outright ban (simplest), Provide no regulation, or Allow limited use in specific areas (either south of 33 or limiting uses to the Urban Service District). Memo to the Mayor and City Council ATV and Snowmobile Regulations Page 3 This memo outlines potential regulations for areas to be determined by the City Council. As ATVs can be used year-round, it may be easiest to separate the two uses, especially since there can also be the formation of private ATV tracks. Suggested ATV Regulations: City- Wide Regulations · No riding on streets (prohibited by State Statute) · Allow riding on private, non-platted lots 2.5 acres or greater; you must own the property or have written permission on your person and consistent with Sherburne County Ordinance · No riding on/in parks, public trails, school grounds, or golf courses · Allow agricultural or utility use with permits Restricted A rea Regulations · No riding in roadside ditches (there is no legal way to access them) · No riding on platted lots less than 2.5 acres or in outlots/open space of cluster plats · You must trailer your ATV to an approved trailhead, yet to be identified In winter, allow riding on Lake Orono not closer than 100 feet from the shoreline, skating rinks, fish houses, and pedestrians Special Regulations/Exceptions · Allow riding in the Highway 101/169 corridor as regulated by State Statute Suggested Snowmobile Regulations: City- Wide Regulations · No riding on/in parks, public trails, school grounds, or golf courses Outside the Restricted Area, you may ride in the street (between the curblines) and in ditches of County Roads per State Statutes · Outside the Restricted Area, you may ride on property you own or for which you have written permission on your person Restricted A rea Regulations · No riding, except on platted lots greater than 2.5 acres · You must trailer your snowmobile to an approved trailhead Special Regulations/Exceptions · Allow riding on the Highway 169 corridor · Allow the connection from Parrish Avenue, along Main Street to County Road 13 · Allow riding on the Highway 10 corridor west out of town from the Orono Park trailhead · Allow riding on Lake Orono not closer than 100 feet from shoreline, skating rinks, fish houses, and pedestrians. For snowmobiling, using the Urban Service District boundary to demark the Restricted Area will require additional signage in key locations. Multiple county roads travel into the urban core; once a snowmobiler gets into the urban core, there is no safe or legal place to ride. County Road 33 has been previously used, as it is an easily identifiable landmark. Hemo to the Mayor and City Council ATV and Snowmobile Regulations Page 4 Staff met with the River City Snow Riders on July 17, 2002 to review this memo and discuss club activities to date. The County snowmobile club is going to apply to the Burlington Northern Santa Fe Railroad to obtain permits to utilize the railroad right of way for snowmobile use. The club proposed using the area along the railroad from Proctor to Main Street on the north side of the tracks as a cross-city link between Highways 10 and 169. While the impact to residential properties is minimal, there are several issues with this link: 3. 4. 5. 6. The Council provided direction for NO cross-city link between Highways 10 and 169 when it removed the use of the 193rd Avenue trail connection earlier this year. The crossing at Jackson Avenue and the approach to Main Street are extremely dangerous (see attached photographs). It is difficult to know if the snowmobilers will remain on the pavement or if they will use this trail. It may encourage the use of the Highway 10 corridor on the south side of the railroad tracks. It is unknown if the County dub will be able to obtain the proper permits from the railroad. It brings pedestrians on motorized vehicles, both residents and non-residents into the most congested and difficuk to travel part of the City. Implementation Process In order to implement the ordinance changes, staff suggests the following: Obtain the names and addresses of registered ATV and snowmobile owners within the 55330 area code from the state registrar's office (the River City Snow Riders have agreed to assist us with obtaining this list as they have obtained it once already). Invite the above and the citizens of Elk River to an informational meeting to educate and allow for public input into the proposed regulations(September). Present the ordinance change to the City Council in October for adoption. Install required signage as needed in October. Mail the final ordinance requirements to the above persons. Park and Recreation Commission Meeting Discussion Members of the River City Snow Riders were in attendance to provide input to the issues outlined in this memo. They would like snowmobilers to have the ability to ride on the streets from their homes to the trails. They also feel that the 2.5-acre lot area restriction is too restrictive. The intent of this provision is to prevent recreational riding on small urban lots, which happens in neighborhoods by unsupervised riders. An alternative presented by the Club members was to reduce the lot size down to ~h acre or to restrict the riding to loading/unloading sleds or putting them into outbuildings. Memo to the Mayor and City Council ATV and Snowmobile Regulations Page 5 The request by the Club to allow sledding on the streets returns the City to the point of beginning as to why the ordinance is being revised in the first place, snowmobilers will not ride on the street, they will be in front yards, on private property, or any other location where the snow is "fresh". In regards to the second point, staff and the Commission have no opposition to reducing the lot size, but want to make it clear that recreational riding on private lots is not welcome in neighborhoods where the lot sizes are 14,000 sqft or smaller. Recommendation Staff and the Park and Recreation Commission would like direction from the City Council on the following issues: io B. C. D. Eo The extent of the regulation of ATV use as outlined above. The level of support for a cross-city link for snowmobile use as outlined above. Restrictions of riding on private property as outlined above. Which area to limit the most restrictive snowmobile use to; south of County Road 33 or the Urban Service District. Concurrence with the above implementation process. Minnesota Statutes 2001, 84.87 Minnesota Statutes 2001, Table of Chapters Table of contents for Chapter 84 Page 1 of 3 Snowmobile Statute 84.87 Operation; regulations by municipalities. Subdivision 1. Operation on streets and highways. (a) No person shall operate a snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county state aid, or county highway in this state and, in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic, except as provided in sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of-way of any trunk, county state aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of such right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate highway or freeway within this state. (b) A snowmobile may make a direct crossing of a street or highway at any hour of the day provided: (1) the crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and (2) the snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and (3) the driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard; and (4) in crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway; and (5) if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on; and (6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within 100 feet of the bridge and the crossing is made without undue delay. (c) No snowmobile shall be operated upon a public street or highway unless it is equipped with at least one headlamp, one tail lamp, each of minimum candlepower as prescribed by rules of the commissioner, reflector material of a minimum area of 16 square inches mounted on each side forward of the handle bars, and with brakes each of whic~ shall conform to standards prescribed by rule of the commissioner pursuant to the authority vested in the commissioner by section 84.86, and each of which shall be subject to approval of the commissioner of public safety. 8/8/02 Minnesota Statutes 2001, 84.87 Page 2 of 3 (d) A snowmobile may be operated upon a public street or highway other than as provided by clause (b) in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. (e) All provisions of chapters 169 and 169A shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application. Section 169.09 applies to the operation of snowmobiles anywhere in the state or on the ice of any boundary water of the state. (f) Any sled, trailer, or other device being towed by a snowmobile must be equipped with reflective materials as required by rule of the commissioner. Subd. la. Organized contests, use of highways, etc. Nothing in this section or chapter 169 shall prohibit the use of snowmobiles within the right-of-way of any state trunk or county state-aid highway or upon public lands or waters under the jurisdiction of the commissioner of natural resources, in any organized contest, subject to the consent of the official or board having jurisdiction over the highway or public lands or waters. In permitting such contest, the official or board having jurisdiction may prescribe such restrictions or conditions as they may deem advisable. Subd. 2. Operation generally. It shall be unlawful for any person to drive or operate any snowmobile in the following unsafe or harassing ways: (1) at a rate of speed greater than reasonable or proper under all the surrounding circumstances; (2) in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto; (3) without a lighted head and taillight when required for safety; or (4) in any tree nursery or planting in a manner which damages or destroys growing stock. Subd. 2a. Operation prohibited on airports. It is unlawful for any person to drive or operate any snowmobile on an airport defined in section 360.013, subdivision 5, or oSher applicable law. Subd. 2b. Repealed, 1994 c 615 s 28 Subd. 2c. Application of speed limits to testing activities. (a) A speed limit established by the commissioner in rules adopted under section 84.86 does not apply to a snowmobile that is being operated as part of a testing program established by a snowmobile manufacturer if: (1) the snowmobile is operated for testing purposes by a driver employed by the snowmobile manufacturer; (2) the snowmobile is clearly marked as a test machine; and 8/8/02 Minnesota Statutes 2001, 84.87 Page 3 of 3 (3) the snowmobile is operated in compliance with all other applicable laws and rules. (b) A~card containing a photograph of the driver and identifying the driver as a test driver for the manufacturer must be in the driver's possession at all times when the snowmobile is being operated at a speed in excess of the limit established by the commissioner under section 84.86. Subd. 3. Regulations by political subdivisions. Notwithstanding anything in this section to the contrary, a county board may by resolution permit the operation of snowmobiles upon the roadway, shoulder, or inside bank or slope of any county highway or county state aid highway if safe operation in the ditch or outside bank or slope thereof is impossible, in which case the county board shall cause appropriate notice thereof to be given. Any county, city, or any town acting by its town board, may regulate the operation of snowmobiles on public lands, waters, and property under their jurisdiction and on streets and highways within their boundaries by resolution or ordinance of the governing body and by giving appropriate notice, provided such regulations are not inconsistent with the provisions of sections 84.81 to 84.88 inclusive and rules promulgated thereunder. However, no such governmental unit may adopt an ordinance which (1) imposes a fee for the use of public land or water under the jurisdiction of either the commissioner of natural resources or any other agency of the state, or for the use of any access thereto owned by the state, or a county or city; or (2) require a snowmobile operator to possess a motor vehicle driver's license while operating a snowmobile. HIST: 1967 c 876 s 9; 1969 c 1 s 1; 1969 c 695 s 7,8; 1969 c 1129 art 10 s 2; 1971 c 491 s 2; 1971 c 577 s 8; 1973 c 123 art 5 s 7; 1973 c 701 s 1; 1974 c 51 s 1; 1974 c 239 s 1; 1976 c 2 s 48; 1977 c 31 s 1; 1981 c 363 s 1; 1985 c 248 s 70; 1986 c 444; 1987 c 368 s 1,2; 1989 c 331 s 2; 1992 c 573 s 2; 1997 c 226 s 8; 2000 c 478 art 2 s 7 Copyrigh~ 2001 by ~he Office of Revisor of SCaCuSes, S~ate of Minnesota. 8/8/02 Minnesota Statutes 2001, 84.928 Minnesota Statutes 2001, Table of Chapters Table of contents for Chapter 84 Page 1 of 4 ATV Statute 84. 928 Operation requirements; local regulation. Subdivision 1. Operation on roads and rights-of-way. (a) A person shall not operate an all-terrain vehicle along or on the roadway, shoulder, or inside bank or slope of a public road right-of-way other than in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway in this state unless otherwise allowed in sections 84.92 to 84.929. (b) A person may operate an all-terrain vehicle registered for private use and used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or county highway in this state if the all-terrain vehicle is operated on the extreme right-hand side of the road, .and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions. {c) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural zone unless the vehicle is being used exclusively as transportation to and from work on agricultural lands. This paragraph does not apply to an agent or employee of a road authority, as defined in section 160.02, subdivision 9, or the department of natural resources when performing or exercising official duties or powers. (d) A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same direction as the highway traffic on the nearest lane of the adjacent roadway. (e) A person shall not operate an all-terrain vehicle at any time within the right-of-way of an interstate highway or freeway within this state. Subd. la. Crossings of a public road right-of-way. (a) An all-terrain vehicle may make a direct crossing of a public road right-of-way provided: (1) the crossing is made at an angle of approximately 90 degrees to the direction of the road and at a place where no obstruction prevents a quick and safe crossing; (2) the vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the road; (3) the driver yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; (4) in crossing a divide.,road, the crossing is made only at an intersection of the road with another public road; and (5) if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in 7/10/02 Minnesota Statutes 2001, 84.928 Page 2 of 4 conditions of reduced visibility, only if both front and rear lights are on. (b) An all-terrain vehicle may be operated upon a bridge, other than a bridge that is part of the main traveled lanes of an interstate highway, or roadway shoulder or inside bank of a public road right-of-way when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; provided the all-terrain vehicle is operated in the extreme right-hand lane, the entrance to the roadway is made within 100 feet of the bridge or obstacle, and the crossing is made without undue delay. (c) A person shall not operate an all-terrain vehicle upon a public street or highway unless the vehicle is equipped with at least one headlight and one taillight, each of minimum candlepower as prescribed by rules of the commissioner, and with brakes conforming to standards prescribed by rule of the commissioner, and all of which are subject to the approval of the commissioner of public safety. (d) An all-terrain vehicle may be operated upon a public road right-of-way other than as provided by paragraph (b) in an emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impractical. (e) Chapters 169 and 169A apply to the operation of all-terrain vehicles upon streets and highways, except for those provisions relating to required equipment and except those provisions which by their nature have no application. (f) A sled, trailer, or other device being towed by an all-terrain vehicle must be equipped with reflective materials as required by rule of the commissioner. (g) A driver's license is not required to operate an all-terrain vehicle along or on a public road right-of-way if the right-of-way encompasses a trail achninistered by the conunissioner and designated for all-terrain vehicle use or multiple use. (h) A road authority as defined in section 160.02, subdivision 9, may by permit designate corridor access trails on public road rights-of-way for purposes of accessing established all-terrain vehicle trails. A driver's license is not required to operate an all-terrain vehicle on a designated corridor access trail. Subd. 2. Operation generally. A person may not drive or operate an all-terrain vehicle: (1) at a rate of speed greater than reasonable or proper under the surrounding circumstances; (2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or damage to the person or property of another; (3) without headlight anti, taillight lighted at all times if the vehicle is equipped with headlight and taillight; (4) without a functioning stoplight if so equipped; 7/10/02 Minnesota Statutes 2001, 84.928 Page 3 of 4 (5) in a tree nursery or planting in a manner that damages or destroys growing stock; (6) without a brake operational by either hand or foot; (7) with more persons on the vehicle than it was designed for, except as allowed under section 84.9257; (8) at a speed exceeding ten miles per hour on the frozen surface of public waters within 100 feet of a person not on an all-terrain vehicle or within 100 feeZ of a fishing shelter; or (9) in a manner that violates operation rules adopted by the commissioner. Subd. 3. Repealed, 1994 c 615 s 28 Subd. 4. Operation prohibited on airports. Except for employees and agents while acting incident to the operation of the airport, it is unlawful for a person to drive or operate an all-terrain vehicle on an airport defined in section 360.013, subdivision 5. Subd. 5. Organized contests, use of highways and public lands and waters. Nothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the right-of-way of a state trunk or county state-aid highway or upon public lands or waters under the jurisdiction of the commissioner of natural resources, in an organized contest or event, subject to the consent of the official or board having jurisdiction over the highway or public lands or waters. In permitting the contest or event, the official or board having jurisdiction may prescribe restrictions or conditions as they may deem advisable. Subd. 6. Regulations by political subdivisions. (a) Notwithstanding any law to the contrary, a city or town, acting through its governing body, may by resolution or ordinance prohibit the operation of all-terrain vehicles on city streets or town roads in its. jurisdiction provided the regulations are otherwise consistent with sections 84.92 to 84.929. (b) A county or city, or a town acting by its town board, may regulate the operation of all-terrain vehicles on public lands, waters, and property under its jurisdiction other than public road rights-of-way within its boundaries, by resolution or ordinance of the governing body and by giving appropriate notice, provided: (1) the regulations must be consistent with sections 84.92 to 84.929 and rules adopted under section 84.924; (2) an ordinance may not impose a fee for the use of public land or water under the jurisdiction of either the department of natural resources or other agency of the state, or for the use of an access to it owned by the state or a county or a city; and (3) an ordinance may not require an all-terrain vehicle operator to possess a motor ~ehicte driver's license while operating an all-terrain vehicle. (c) Notwithstanding any law to the contrary, a county board by ordinance may allow the operation of all-terrain vehicles on 7/10/02 Minnesota Statutes 2001, 84.928 Page 4 of 4 the road right-of-way shoulder, or inside bank or slope of a county highway or county s~ate-aid highway, if: (t) t~e highway is in the agricultural zone; or (2) safe operation in the ditch or outside slope is impossible, and the county posts the appropriate notice. Subd. 7. Repealed, 1989 c 331 s 26 HIST: 1984 c 647 s 7; 1986 c 452 s 15; 1987 c 149 art 2 s 2; 1987 c 368 s 5; 1989 c 331 s 17-19; 1994 c 635 art 2 s 1; 2000 c 478 art 2 s 7; 1Sp2001 c 2 s 83 Copyright 2001 by the Office of Revisor of Sta~u~es, S~a~e of Minnesota. 7/10/02 SECTION 16.6 GENERAL STANDA.RI)S FOR PR1YATE MOTOR SPORT VEHICLE TI &_ CKS This section covers rhotor sport activities, wkich include'operation of dkt bikes, aH terrain vehicles, mud tracks, and mcecars used for recreation on.private property in the unincorporated areas of the County. Subdivision 1. Definitions: Track: A come bu/tt for the operation ois motored vehicles which operate in a repetitive, continuous manner or an area where recreational motor/zed vehicles, throue~h their repetitive use have altered or changed the natural contour of the landscape and created a clearly identifiable track. Subdivision.. ~ Permitted sites Sites which meet the following criteria are permitted uses in Sherbume County, unless prokibited by a more restrictive ordinance through, another municipality: 1. The parcel of land is not in a residential subdivision. 2. The track mtLst be located a minimum of 1,000 feet from any residence, except that of the ovrner. The track must be located a minimum of 1,000 feet from a livestock shelter and/or or arena, except that of the owner. ¸. Landowners wishing to hold a single day or.week-end motor sport event must apply for a special conditional use permit. 5. There must be a 50' mirhmum setback from a track to the property line. ~ SherbumzCounty Zoning Ordinan~e I6.6- pg 1 Arrgmded .*',,phi 6, 2002 SECTION 1104 - SNOWMOBILES AND ALL TERRAIN VEHICLES (ATVS) 1104.00 - APPLICABILITY This ordinance applies to the operation of snowmobiles 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. 1104.02 - DEFINITIONS The words, combination of words, terms or phrases used in this ordinance and defined in Minnesota Statutes, Section 84.81, shall have the meanings given them by that section. A. Urban Service District shall mean that part of the City defined as the area south of 197tn Avenue to the south corporate boundary and between the east and west corporate boundaries. This will need to be redefined based on Council direction. 1104.04 - ADOPTION OF STATE LAW BY REFERENCE The provisions of Minnesota Statutes, Sections 84.82 pertaining to registration, 84.87 pertaining to snowmobile operation and regulations by municipalities, 84.871 pertaining to equipment requirements, 84.872 pertaining to youthful snowmobile operators, 84.88 pertaining to penalties are adopted and made a part of this ordinance as if set out in full. The provisions of Minnesota Statutes, Sections 84.9 et.al, pertaining to ATV regulations are adopted and made a part of this ordinance as if set out in full. 1104.05 - OPERATION WITHIN THE CITY LIMITS, SNOWMOBILES For defining where snowmobiles are permitted to operate, the City has been divided into two parts: a. Within the Urban Service District, and b. Outside the Urban Service District. A. Within the Urban Service District: The operation of a snowmobile within the Urban Service District is permitted: i.) ii.) iii.) On designated and marked snowmobile trails during periods when trails are open On public streets on thc most right hand portion cf thc when such cpc .... on is "~ ................... shall occur only within thc kcurs cf 7:01 a.m. and 12:00 ~-~ ...... ~ ~ ............ or except i~ ..... ~ ........ ~ ........ ~ .......... ~ .... ~ purposes ..... ~ is returning ~^ ~- residence at a spt^~ ~ in In the bott%m or outside slope of a ditch of County Roads 12, 13, 30, or 35 or a state highway. iv.) v') vi. ~ Over Lake Orono (when safely iced over), when legally accessed as defined in this ordinance. Over the Elk River (when safely iced over), when legally accessed as defined in this ordinance. On prcpcrty you c~:n. On platted lots greater than 2.5 acres for which you have written permission on you person to ride. B. Outside the Urban Service District: The operation of a snowmobile outside the Urban Service District is permitted: i.) ii.) iii. iv.) V.i vi.) On designated snowmobile trails. Within the curblines of a public street in order to access an approved trail or ditch. In the bottom or outside slope of a ditch of County Roads !, 13, 21, 32 or 33 or a state highway. On agricultural land that you have been given permission from the landowner or occupanT to ride. On private property of another that you have been given permission from the landowner or occupant to ride. On property you own. Anywhere within the corporate limits of the City of Elk River, snowmobiles shall not be operated: o 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. 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. At any place, while under the influence of intoxicating liquor, narcotics or habit-forming drugs At a rate of speed greater than reasonable or proper under all the surrounding circumstances 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 In any tree nursery or planting in a manner which damages or destroys growing stock 1104.06 - OPERATING REQUIR~NTS In order to operate a snowmobile lawfully within the City's corporate limits, a snowmobile must have: 1.. A lighted head!ight~nd taillight. S:\PLANNING\MICIffMC\PARKN1CEC\Snowmobiling\8 9 02 1104 Rev.doc 2.. 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. 3. Without any noise-making device which amplifies noise emitted from the snowmobile, including, but not limited to, tuned exhausts cut-outs or straight pipes. 1104.08 - UNATTENDED SNOWMOBILES It shall be unlawful for the owner or operator of a snowmobile to leave a snowmobile in a public place without locking the ignition, removing the key and keeping the same in his possession. 1104.09 - OPERATION WITHIN THE CITY LIMITS, ATVS Ail terrain vehicles may be operated with the corporate limits of the City of Elk River in the following manner: 2. 3. 4. On non-platted lots greater than 2.5 acres that you own or .have written permission On your person. Within the Highway 169 right of way north of County Road 33. For agricultural or utility use as per State Statute and after issuance of a City permit. On a private track in compliance with the followinq standards: o (Insert County Rules Here) In the winter, on Lake Orono not closer than 100 feet from the shoreline, skating rinks, fish houses, and pedestrians. Anywhere within the corporate limits of the City of Elk River, ATVs shall not be operated: o 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. 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. 3. At any place, while under the influence of intoxicating liquor, narcotics or habit-forming drugs 4. At a rate of speed greater than reasonable or proper under all the surrounding circumstances 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 1104.10 - 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 $1,000.00 or by imprisonment of not more than ninety (90) days, or both, plus costs of prosecution in either case. 1104.11 - APPLICATION OF OTHER LAWS S:M>LANNING\MICI'{MC\PARKNREC\Snowmobiling\8 9 02 1104 Rev.doc The provisions of Minnesota Statutes, Chapter 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. S:\PLANNING\MICHMCKPARKNREC\Snowmobiling\8 9 02 1104 Rev.doc 221 st AVE CO RD 21 I ATV USE PROHIBITED NO ALL TERRAIN VEHICLES (ATV's) WITHIN SHADED AREA. ATV THROUGH - CITY TRAIL l ver ~Sth AVE t 65~ AVE 221 st AVE CORD21 RD 33 SNOWMOBILE REGULATIONS OPTION 2 NO SNOWMOBILING WITHIN THIS SHADED AREA EXCEPT ON APPROVED TRAILS, TRAILER SLEDS TO APPROVED TRAILHEADS ONLY TO ACCESS TRAILS APPROVED TRAILS i i i -- POSS~LE CROSS-CITY L~K Raver '5~ AG 165th AVE ! ! ! ! 221st AVE CO RD 21 I 33 SNOWMOBILE REGULATIONS OPTION 1 NO SNOWMOBILING SOUTH OF THIS LINE (THE SHADED AREA) EXCEPT ON PRIVATE PROPERTY, APPROVED TRAILS, OR LAKE ORONO APPROVED TRAILS POSSIBLE CROSS-CITY LINK l dver "1' t "1" "1"