ORD 02-013ORDINANCE 02 - 13
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 1104 OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 1104 titled, Snowmobiles and All Terrain Vehicles (ATVs), of the City of
Elk River Code of Ordinances shall be amended read as follows:
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 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:
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
S:~ADMIN~Ordinances~2002 Ordinances~02 013 ORD.doc
Do
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 from
Big Lake Township Border, east 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 displaying a City-issued local access sticker 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
Ao
Bo
Co
E o
Fo
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.
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 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.
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
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.
S:~ADMIN~Ordinances~2002 Ordinances~02 013 ORD.doc
1104.06 - OPERATING REQUIREMENTS
In order to operate a snowmobile lawfully within the City's corporate
limits, a snowmobile must have:
1. Elk River residents (living within the City's corporate
boundaries) shall obtain and display a local access sticker in a
highly visible location on both sides of the hood of the snowmobile.
Local access stickers shall be obtained from the City on an annual
basis and for the fee set by City Council Resolution. Non-residents
shall not be issued local access stickers and shall remain on the
trails identified in Section 1104.05 above.
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.
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.
Ao
No ATV Zone:
The operation of an ATV within the No ATV Zone is permitted:
i.)
ii.)
iii.)
iv. )
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
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.
Bo
ATV Zone:
The operation of an ATV within the ATV Zone is permitted:
S:~ADMIN~Ordinances~2002 Ordinances~02 013 ORD.doc
i.)
ii.)
iii.
iv. )
v.)
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 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. Hust 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.
Anywhere within the corporate limits of the City of Elk River, ATVs
shall not be operated:
2 o
4 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.
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.
S:~ADMIN~Ordinances~2002 Ordinances~02 013 ORD.doc
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this 12th day of
November, 2002.
Stephanie ICAinzing, Mayor
Attest:
Sandra A. Peine, City Clerk
S:~ADMIN~Ordinances~2002 Ordinances~02 013 ORD.doc
.. •
1111) Affidavit of Publication
STATE OF MINNESOTA )
ORDINANCE 02.13
CITY � )ss.
° � COUNTY OF SHERBURNE)
CITY OF ELK RIVER ,
AMENDING SECTION 1104
/ �C
OF THE CITY CODE OF �/2 a�oi e/k l'a b t(A ,
ORDINANCES
The City Council of the City of being duly sworn, on oath says that he/she is the publisher
' Elk River does'hereby ordain as
follows: or authorized agent and employee of the publisher of the
Section 1. Section 1104 titled,
Snowmobiles and All Terrain newspaper known as the Elk River Star News, and has full
Vehicles(ATVs),of the City of Elk
knowledge of the facts which are stated below:
River Code of Ordinances small be g
amended and read as follows: A) The newspaper has complied with all the
SECTION 1104 - SNOWNI
BILES AND ALL TERRAIN requirements constituting qualification as a qualified
VEHICLES(ATVS)
1104.00-APPLICABILITY newspaper, as provided by Minnesota Statute 331A.02,
This ordinance applies to the 331A.07, and other applicable laws, as amended.
operation of snowmobiles and all
terrain vehicles (ATVs) on'public B) The printed Q J'LL�`1LLC� (a--
lands and waters, and private property within the jurisdiction of
the City and on streets and high-
ways within the boundaries of the which is attached was cut from the columns of said
City.
1104.02-DEFINITIONS newspaper, and was printed and published once each
The words,combination of words, week, for / successive weeks; it was first published
terms or phrases Used in this`rlT i
nonce and defined in Minnesota on Wednesday, the 2 7' day of 4,e4)
Statutes,Section 84.81,&ball have
the meanings given them b,that 20 6.2 , and was thereafter printed and published every
section.
1110
1104 s ON OF, , Wednesday to and including Wednesday, the _
_ day of , 20 ; and printed below
St: pertain is a copy of the lower case alphabet from A to Z, both
jug* .»
ing and inclusive, which is hereby acknowledged as being the size
c
84.871 • municipalities, and kind of type used in the composition and publication
84.871 pertaining to equipment
requirements,84.872 pertaining to of the notice.
youthful snowmobile operators,
84.8$ pertaining to penalties are
acloPted and made a part of'this abcdefghijklmnopgrstuvwxyz
ordinance as if set out in full. .
Statutes,e provisions of Minnesota e�zik jo Ope,.._ vk
Sections egu ti at per- �/`�v
Wiling to ATV'regulations are BY:
a dop an and made a part-of t V ,(a/U 0
ordinance as if set out in frill. TITLE: i Q�'�Z.piO
1104.05-OPERATION WITHIN
THE SNOWMO-
BILES CITY S, SMOt A b- rl tO
The City Council Subscribed and sworn to before me on this / day of
to time,adopt an official map Ale e V , 20 o2-.
defining the boundaries of a No ■^
Snowmobile ,Zone c within which 0 e . ,.„s
snowmobiling, including recce- ' CINDY M. Sri MI . KI
ational riding on your own proper-
' Lr;1.:,•,/,1,4?.a,r n,,... 0TA
the safety prohibited in order to rotc My Comm.Expires Jan,31,2005
safety of snowmobile and cit- Notary Publi
izens of Elk River.
Within the City of Elk Riper,
snowmobiles RATE INFORMATION
biles may be operated for
recreational purposes on:
A.Property you own, (1) Lowest classified rate paid by
B. Property for which you have commercial users for com arable s ace $ / 7e r� 9',, 6-5-
ivivwritten,permission in your posses- P P
C. to aide, (2) Maximum rate allowed by law for
C.Over Lake Orono(when safely
iced over), when legally accessed the above matter $ 4718,- 9.0
as defined in this ordinance and
not closer than 100 feet from the (3) Rate actually charged for the 11. J shoreline,skating rinks,fish hous- $ ` l p
es,and pedestrians,and above matter
D. Over the Elk River (when
safely iced over), when legally
accessed as defined in tile rte_
' nonce.
---wilffin tag OitY of zit XiVar, ,,,,._, 1. Elk River residents (living
travel through the'City isa„,r17," within the City's corporate bound-
mobile may occur san" euies) shall obtain and &Oak! a
tem or outside slope of the ditches. local access sticker in a molly-via_
lk*acesit to the following County ible location on both sides of the
Roads or Ili.Ifighwiktic County hood of the snowmobile. Local Anywhere withm the corporate
Road 30 fries Big Lake Township access stickers shall be obtained limits of the City of Elk River, Adi
Border;east to Waco Street mirth, from the City on an annual basis' ATVs shall not be operated'
,
t...ounty Ilesil.1,12, 13,21,31,32, and for the fee set by City Council 1.On public lands,iricheling,but
lirsi
33,77,and State Highways 10 and Resolution. Non-residents shall not limited to,Publie Pinlos,'Play-
169.In cases where Paved trails or not be issued local access stickers graitride, trnil* sidewalk* '.: '8,
sidewalks are located on one side and ahall remain on the trails open space*, scone'and',,,. , .ric
of the County Road or HighwaY, identified in ''', ;ction 1104.05 sites, sehools, .ft,coutees, and
travel shall be limited to the side above,
other public b,. - , - and strue-
without the paved trail Or side- 2. A lighted headlight and tail- i, tures. -..
walk.In.no case shall trowel occur light. 2.On city streets and their relat-
through the No Snowmobile Zonis 3. A muffler in good working ed rights-of-Way area per State
on the above-identified roads or order which blends the exhaust Statute.
highways.Travel from the City of noise into the overall snowmobile 3.Within one hundred(100)feet
Otsego from Parrislivenue to noise and which is in constant of any fisherman,fish house,shel-
Highway 169 is allowed,on Main operation to prevent excessive or ter,pedestrian, skating rink,slid-
Street. the ,__ unusual noise. ing area or in any other area
Fur laced access to me above- 4. Without any noise-making where such operation would con-
identified ideartified ' through-city travel device which amplifies ,, emit. flict with the use or endanger
routes, snowmobiles disPlaYing a ted from the snowm,,,,, '`inchid- other PeMens or
City-issued local access sticker ing, but not limited to tuned 4.At any place, i under the
may travel on the right hand side exhausts, cut-outs or straight influence of inteticathag
at local streets on the paved our- pipes. narcotics or hake, , '
face within the curb line from the 1104.08 - UNATTENDED-
operator's place of residence to the SNOWMOBILES retsonahrtpro ie Telma i er , ,the
travel route via the"most *Met 1 It shall be unlawful for the surrounding elm:fronton-gee.
route.Any return trip must occur owner or operator of a snowmobile '-0.--At"anal' .14.104-ittAa-earisless,
reckless or negligent manner so eis
in the same manner. Travel for to I A - , snowmobile in a public•local access shall be at a rate not . -lace , .•'don, to endanger the person or property
place
to exceed twenty (20) miles per "me ,ing the of another or to cause injury or
hour. Snowmobiles -thus* travel aims damage thereto.
„,.„...._
single file in this instance. ill ......,.. THIN 1104.10-PENAL1T ..
_
Lake Orono or the Elk River may THE , t ,. Any isamon violating any provi-
be accessed directly from private For' '' ' terrain anon of this ordinance shall be
property,by trailering sleds to the vehicles a fa are permitted to guilty of a misdemeanor,and upon
conviction thereat shall be Pun-
ILoakeeel Orono boat defined above.ox.via ' ,; ,°Perilta_eAw.ts,the City has been divided
ished by a fine of not more than
Travel through Orono Park shall .."4"`:,.'w Zone $1,000,00 or by imprisonment of
be Via the park's driveways and b.ATV Zone " not Moire tliartninety(00)days,or
Porknglots,not through the Perk The City Council may,from time .. ■ plus costs of prosecinata in
11011
itself. ..i.„. ,,,....,_ to time adopt an official map
1104:11 - APPL1CAT'ION.OF
Within the City of Elk River 11'-vr, 4 defining the boundaries of the No OTHER LAWS
snowmobiles shall be ''` "en ATV Zone ,
A On public lama,inclu.".:but
A.No ATV Zone: The Prosisieitl -Wzbitieriesota
not limited to:Public Parks'Piri,,,saY" The operation of an ATV within Statutes,Chapter let . _ - .:.-..
grounds, trails, sidewalks, Pa---- the No ATV Zone is permitted: to trine legulathsto,;„.`. 'relate
open spaces, scenic and historic
t.,) On designated ATV trails "to the use and Operation
sites, cemeteries, schools,let„IOW accessed from established trail- mobiles,shall apply to the use and
courses,and other public buildings heacts. operation of snowmobiles upon the
s...s.......s,...a.....
streets and highways of the City
and structures. ,,,,ysiwyk 4p,,,n, ii.)On propertY that you own or
B Within.one huli_,,,_..„._oreu,1*-VVfr L'3°.' which you Jamie permission on However, those provisioee Which
by'their nature haw no applt
of any fisherman:newriffatof- ' '' , your person to ride. On property ca-
tion shall not apply
ter,pedestra ,era^ ,.,,,. - , , you own,you may not operate an
area or in an, . , area Section 2. 'Hiat this ordinance
where such operation*SOW-- - -41 !Merin. a cePatItive' continuous shall take effect upon publication
fito with the use Ot.'endanger iii.)In the*inter,on Lake Orono as provided bylaw,
other persons OtPrOKrtil:, ' not*closer than 100 feet from the Passed and adopted by the City
Council of the City of Elk River
0,At anY Ifitfik'wn :01aL__.e1" , shoran j, ..e skating rinkst'Ash lume'
influenMe ok,llitoni_eathill wv"" ea and Pannon4ana this 1,2th day of November,2002.
narcotics or'ki=01,l'auuiF dratin iv.)Fot aguict=or . ',1 .", use Stephanie KU ,nnintlitaynr
Attest:Sandra A.Pelee,City
D.At areitO greater ;,, as Tier State- ,,, after
,County . ,,. ,,,,, . .
vested for the r,"" ‘"' issuance of a City peirmit.
(N27)
Highway or nialiconahle my '4'4 B.ATV Zonev,
surrounding circumstances,and m •,4,, The of an ATV within
---
the case local actin* not to ,, the A Zone is permitted:
exceed twenty(20)miles per hour. ' t) on designated ATV trails
E. At any place in-mt.tm,.,40linala°, secesitfrom established trailheads.
reckless or negligent ovecisiliro, h.) On. property you own or
. .
to endangerthe person* % ekr' s which you have permission on
of another or to Ca,.*„,. A"" your person to ride.,
damage thereto, , _,." ,, '-,i1 iii.)On a Private track in comph
F.Ia __anY tiaa_1,s_s_na".917 41,41', mice ' the following standards:
in a'4114WWW'.." ''' , 'F.L • '4'a. a tninotines of 1,000
1: '" any residence, except
destroys ' 'akin,: ‘ " 040,t,,,..„.. -
ed
4101111
,,u 4!,, ,,,. ,,..- :4,-.4 , , ,,,,,,,owner.
,.,rY * .' 'r ''Located'a rainbutula,of 1,000
.", i. ° ''-41',"-oln, ' .e. , .' feet from a livestock shelter end/or
,,,_, .er'llitliet,, 'f.; ■ arena,except that of the owner.
' —
tot is returning to _,_..,az, c.Must be set back 50 feet from
,
' .1M0 at a speed not in exam*of any property line,
twenty(20)mileelsor hour. iv.)For agricultural or utility use
1 I*4.0 8 P
-0 *RATING
REQuiRumEN,rs isatipoorceattitstea City permit.
d after
_ 14.0r4O,to operate a attalvalaWa V)In the ditch or outside slope of
lawfully within the City's a corPo- County Roads 1,13,21,32,and 33
rate Hmita, a snowmobile must if they can be accessed directly
have: t__ ,!?____ ''''' _