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5.5. SR 11-12-2002City MEMORANDUM Item # TO: FROM: Mayor and City Council Michele McPherso~rector of Planning DATE: November 12, 2002 SUBJECT: Consider Revision to Elk River City Code - Chapter I 104 Regarding Snowmobile and ATY Regulations 5.5. Attachments · Draft Ordinance · ATV Use Map · Snowmobile Regulation Option 2 Map Snowmobile Regulation Option 3 Map October 21, 2002 Council Meetine At the October 21, 2002 City Council meeting, the City Council considered the regulation of snowmobiles and ATVs within the City of Elk River. The discussion centered primarily around the use of snowmobiles within the community. A number of snowmobilers were present to express their opinion and their desire to be able to access trails via local streets directly from their homes. The Council direction at that meeting was to loosen the ordinance regulations and to work more on enforcement of the ordinance with the assistance of the snowmobilers. Revised Ordinance After considering the alternatives, staff presents the City Council with a third option for consideration. The third option clearly identifies County road and State highway ditches as travel ways through the community, with local access via public streets. Travel for local access must be within the curb lines, on the paved surface, and via the most direct route from an operator's residence to a travel way is taken. This should limit outside travelers to County roads except for County Road 30 east of Waco Street. Staff has also identified a tight area within the center of the community as a "No Snowmobile" zone. "No Snowmobile" is intended to equal "No recreational riding on your own property and no travel through the community." There is one travel way through the "No Snowmobile" Memo to Mayor and City Council November 11, 2002 Page 2 zone; the connection from Parrish Avenue to Highway 169 on Main Street. The map also identifies public property and private open space held in ownership by homeowner's associations as areas where riding would also be prohibited. In exchange for local access, the Council should consider requiring active participation by local snowmobile owners in the enforcement of the City's ordinance. Local Access Stickers In order to assist the police department in enforcement of the ordinance, staff and Commissioner Dave Anderson are suggesting that snowmobile owners purchase a "local access sticker" each year or every other year. These stickers would be placed on the snowmobile, and would allow easy identification of local snowmobile owners. In addition to receiving the sticker, the owners would also receive a copy of the current rules, and a map of the trails. Commissioner Anderson will provide samples of the stickers at Monday's meeting. The cost for 1,000 stickers would be $560.00. A nominal fee of $5.00 per two sticker set could be considered. ATV Rules The revised ordinance does not propose to change the ATV regulations proposed at the October 21, 2002 meeting. Recommendation If the Council finds the attached ordinance acceptable, staff suggests that it be adopted and that the sticker program be implemented. S:\PLANNING\MICHMC\PARKNREC\Snowmobiling\I 1-11 CC memo.doc DRAFT SECTION 1104 - SNOWMOBILES AND AL~ 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 REFERENC~ 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 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 of Elk River, snowmobiles may be operated for recreational purposes on: Co Do Property you own, Property for which you have written permission in your possession to ride, 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, and Over the Elk River (when safely iced over), when legally accessed as defined in this ordinance. Within the City of Elk River, 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 to Waco Street north, County Road 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 route. Any return trip must occur in the same manner. Travel for local access shall be at a rate not to exceed twenty (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 of Elk River, snowmobiles shall not be operated A. 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. B. 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. C. At any place, while under the influence of intoxicating liquor, narcotics or habit-forming drugs D. 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 twenty (20) miles per hour. E. 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 F. 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 twenty (20) miles per hour. 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 defining 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 defining the boundaries of the No ATV Zone. No ATV Zone: The operation of an ATV within the No ATV Zone is permitted: i.) On designated ATV trails accessed from established trailheads. ii.) 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. iii.) In the winter, on Lake Orono not closer than 100 feet from the shoreline, skating rinks, fish houses and pedestrians. iv.) 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.) On designated ATV trails access from established trailheads. ii.) On property you own or which you have permission on your person to ride. iii. On a private track in compliance with the following standards: a. Located a minimum of 1,000 feet from any residence, except that of the owner b. Located a minimum of 1,000 feet from a livestock shelter and/or arena, except that of the owner c. Must be setback 50 feet from any property line 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. iv. ) v.) Anywhere within the corporate limits of the City of Elk River, ATVs shall not be operated: 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. On city streets and their related rights-of-way area per State Statute. 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 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. 221st AVE CO RD 33 SCHOOL' CO RD 30 ATV USE PROHIBITED NO ALL TERRAIN VEHICLES (ATV's) WITHIN SHADED AREA. ATV THROUGH - CITY TRAIL 1Kiver 175th AVE 221st AVE CORD21 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 CO RD 33 ORD3] 12 SNOWMOBILE REGULATIONS OPTION 3 APPROVED TRAILS NO SNOWMOBILING AREA NO SNOWMOBILING (PUBLIC LAND, GOLF COURSES, SCHOOL YARDS, CEMETARIES) l v-er 175th AVE