4.1. SR 10-21-2002MEMORANDUM
Item 4.1.
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Michele McPherson, Director of Planning
October 2 I, 2002
Consider Amendment to City Code Chapter I 104
(Snowmobiles and ATVs)
Attachments · Draft Ordinance
· Snowmobile/ATV Informational Meeting Comment Cards (most recent)
· September 22, 2002 E-mail
· ATV Use Prohibited
· Snowmobile Regulations Option 1
· Snowmobile Regulations Option 2
· Snowmobile Regulations Option 2B
Request
The City Council is asked to consider the revisions to Chapter 1104 of the City Code regulating
snowmobiles and all-terrain vehicles (ATVs).
Analysis
The City, in cooperation with the River City Snow Riders, has been attempting to draft an
ordinance and define a snowmobile zone within the City limits that is not an entire ban. In
addition, there are no regulations for the use of ATVs within the City, so regulations are being
proposed. The purpose of the amended ordinance is to provide for safe riding and to reduce
possible nuisance complaints regarding the use of these vehicles within the City.
The City Council provided staff direction regarding this issue in August. At that time, an
informational meeting was suggested as a means to inform the public and encourage
participation in the process. Invites were mailed to the registered sled owners within the City
Memo to the Mayor and City Council/Chapter 1104
October 2 I, 2002
Page 2
and the club placed an ad in the paper and posted flyers. There were over 100 attendees at the
informational meeting in September. In addition, the club distributed additional information at
its Swap Meet in October. As a result, staff anticipates a large turnout at the Council
meeting.
The current draft of the ordinance creates zones for snowmobiling/ATVs and no
snowmobiling/ATVs. Within the no snowmobile zone, a sled owner will not be able to ride on
the street from their house to any trail or location where sledding is permitted. ATVs, by
Statute, are prohibited from being ridden on the paved street.
The Council will be presented with four maps:
· ATV Use Prohibited
· Snowmobile Regulations Option 1
· Snowmobile Regulations Option 2
· Snowmobile Regulations Option 2B
Maps 1, 3, and 4 are very similar; there is however, a "hole" in the area of Brentwood and
Ridgewood. These are large lot subdivisions and have a similar character to other parts of the
City where snowmobiling would be allowed on the streets. The Park and Recreation
Commission recommended that the Council adopt maps 1 and 4 be adopted.
Recommendation
Due to the large attendance anticipated, staff recommends that the City Council consider the
public testimony and delay final adoption of the ordinance until the first meeting in November.
Staff should be directed to make and changes to the ordinance or the maps Council desires.
S:\PLANNING\MICHMC\PARKNREC\Snowmobiling\10 21 02 CC Memo.doc
DRAFT
SECTION 1104 - SNOWMOBILES AND ALL TERRAIN VEHICLES (ATVS)
1104.00 - APPLICABILITY
This ordinance 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.
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.
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 requlations 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. No Snowmobile Zone
b. Snowmobile Zone.
The City Council, may, from time to time, adopt an official map
defining the boundaries of the No Snowmobile Zone.
A. No Snowmobile Zone:
The operation of a snowmobile within the No Snowmobile Zone is
permitted:
i.)
ii.)
iii.)
iv.)
v.)
On designated and marked snowmobile trails during
periods when trails are open and when legally
accessed.
Over Lake Orono (when safely iced over), when
legally accessed as defined in this ordinance and
not closer than 100 feet from the shoreline,
skating rinks, fish houses, and pedestrians.
Over the Elk River (when safely iced over), when
legally accessed as defined in this ordinance.
On property you own or for which you have written
permission on you person to ride.
In the bottom or outside slope of a ditch of County
Road 33 to travel east to west or west to east
through the no snowmobile zone.
B. Snowmobile Zone:
The operation of a snowmobile within the snowmobile zone is
permitted:
i.)
ii.)
iii.)
iv.)
v.)
On designated and marked snowmobile trails during periods
when trails are open.
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
1, 13, 21, 32 or 33 or a state highway.
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
6o
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 REQUIREMENTS
In order to operate a snowmobile lawfully within the City's corporate
limits, a snowmobile must have:
1. A lighted headlight and taillight.
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
For defininq where all terrain vehicles (ATVs) are permitted to
operate, the City has been divided into two parts:
a. No ATV Zone
b. ATV Zone
The City Council, may, from time to time, adopt an official map
defininq the boundaries of the No ATV Zone.
no
No ATV Zone:
The operation of an ATV within the No ATV Zone is permitted:
i.)
ii.)
iii.)
On designated ATV trails accessed from established
trailheads.
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.
In the winter, on Lake Orono not closer than 100 feet
iv. )
from the shoreline, skating rinks, fish houses and
pedestrians.
For agricultural or utility use as per State Statute and
after issuance of a City permit.
ATV Zone:
The operation of an ATV within the ATV Zone is permitted:
i.)
ii.)
iii.
On designated ATV trails access from established
trailheads.
On property you own or which you have permission on your
person to ride.
On a private track in compliance with the following
standards:
a. Located a minimum of 1,000 feet from any ordinance,
except that of the owner
b. Located a minimum of 1,000 feet from a livestock shelter
iv.)
v.)
and/or arena, except that of the owner
c. Must be setback 50 feet from any property line
d. If the standards in a-c above cannot be met, the
applicant must apply for a conditional use permit.
For agricultural or utility use as per State Statute and
after issuance of a City permit.
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 of Elk River, ATVs
shall not be operated:
On public lands, includinq but not limited to: public parks,
playgrounds, trails, sidewalks, paths, open spaces, scenic and
historic sites, schools, golf courses, and other public
buildinqs and structures.
o
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
3 o
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
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
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.
Snowmobile/ATV Informational Meeting
Comment Card
Please provk~rs wit~ your comments regard~g the proposed regulations for snowmobile and
ATV usage within the City of Elk River. Your comments will be forwarded to the City Council
as part of the ordinance adoption process.
I ha,rte thfl fol!owin:g cone. ems regarding the regulations: //277q I,~[// (~--Oa~2/-~'/'~' ~/'' ~
The regulations are fine as propos~e~ ~'L.' ' ) .
Snowmobile/ATV Informational Meeting
Comment Card
Please provide us with your comments regarding the proposed regulations for snowmobile and
ATV usage within t. he City of'Elk River. Your comments will be forwarded to the City Council
as part of the ordinance adoption process.
I have the following concerns regarding the regulations: ~4~;, ~ 2/7.7~v~.,ft~,,~/ ..WZNr/,)~z~ ! ,YZZz~/~ Y
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I would make the ~llowing changes: ~~o, a:~ ~:d~ ~ ~-~~, ~, ~0,
The regulations are fine as proposed: ~ N)"'-'-'~ i i
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Yes, questions for Ms McPherson re: snowmobile ordinance-Aren't
you the- I want to say- "traitor" I saw live on cable access this past
winter recommending no snowmobiling in Elk River? Weren't you
working with the snowmobile club for trails progress? Aren't they
volunteers who spent countless hours on this? Or do you just react to
squeaky wheel complainers about snowmobiles? Why did it appear
that I was the only one in my neighborhood obeying your moritorium?
Do you Why after living here 27 yrs do you want to take away my trail
have any access? Why does the ordinance threaten to take away running my
questions snowmobile on my property? How would a snowmobiler get onto
you would Lake Orono if she/he has to stay so many feet from shore? Why is it a
like bad idea environmentally to burn extra gasoline loading and and
answered: hauling snowmobiles to the trails? And where do 1 leave my vehicle
and trailer after doing so? And why did the police advise against
leaving vehicles unattended due to fear of vandalism? Why before did
the city allow snowmobiling on the edge of the street but turn that to a
lie by regularly leaving no snow to ride on? Why is ER such a
roadblock to snowmobiling? Why weren't last winter's trails given a
fair chance? Why can't snowmobilers have designated trails crossing
through ER somewhere + the ok to ride to and from our residences?
Date: 9/22/2002 7:40:23 PM
Options:
If Other, Please Specify in the Box Above
221 st AVE
CORD21
33
SCHOOL ST
CO RD 30
RDZ
ATV USE PROHIBITED
NO ALL TERRAIN VEHICLES (ATV's) WITHIN SHADED
AREA.
ATV THROUGH - CITY TRAIL
River
175th AVE
221 st AVE
CORD 21
RD 33
SCHOOL ST
CO RD 30
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
River
17581 AxZE
165th AVE
221 st AVE
CO RD21
33
SCHOOL ST
CO RD 30
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
POSSIBLE CROSS-CITY LINK
River
175th AVE
221 st AVE
CORD21
33
SCHOOL ST
CO RD 30
SNOWMOBILE REGULATIONS OPTION 2B
NO SNOWMOBILING WITHIN THIS SHADED AREA
EXCEPT ON APPROVED TRAILS. TRAILER SLEDS TO
APPROVED TRAILHEADS ONLY TO ACCESS TRAILS
APPROVED TRAILS
~ ~ '- -' POSSIBLE CROSS-CITY LINK
Kiver
175th AVE