HomeMy WebLinkAboutChapter 25 - Streets and Highways
CHAPTER 25 - STREETS AND HIGHWAYS
Section 25-101. PUBLIC EASEMENTS AND RIGHT-OF-WAY PROTECTED. It is
unlawful for any person:
a. to plow into or gouge with any tool or instrument or mar or deface in any manner any of
the public streets, alleys, or highways within the City of Brooklyn Center.
b. to drive or cause to be driven any vehicle in a manner which destroys or damages curbs,
gutters, boulevards, or any plants or improvements located on the public right-of-way.
Owners or occupants of land, and builders or contractors thereon, who authorized any
vehicle to enter such land in a manner which causes any of the damage or destruction
aforesaid shall also be deemed in violation hereof. Persons in violation hereof shall
repair or replace such damage to the original condition as approved by the City
Engineer, or at the election of the City, such damage or destruction may be repaired or
replaced by the City, and such person or persons responsible therefor shall promptly pay
to the City the cost thereof. The foregoing liability shall be in addition to the penalties
prescribed herein.
c. to alter the grade of any drainage easement unless a permit shall first be secured therefor
from the City, or to obstruct such drainage easement, and each day such obstruction or
unauthorized alteration continues shall be deemed a separate offense.
Section 25-102. VIOLATIONS AND PENALTIES. Any person violating this ordinance shall
be guilty of a misdemeanor and shall, upon conviction thereof, be punishable by a fine of not more than
one thousand dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the
costs of prosecution.
DUST TREATMENT
Section 25-201. COUNCIL MAY ORDER. The City Council may order light street oiling or
other dust treatment of the City streets and alleys by resolution setting forth the streets and alleys to be
treated, the treatment to be applied to the streets or alleys, and specifying that such work shall be done
either by day labor or by contract.
Section 25-202. RECORD OF COST. The City Clerk shall keep a record of the cost and the
portion of the cost property attributable to each lot and parcel of property abutting on the street or alley
on which the work is done.
Section 25-203. COLLECTION OF COST. The charge to each abutting lot or parcel of land
resulting from such treatment shall be spread against said lot or parcel of land as a special assessment
under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the county
auditor and collection the following year along with current taxes.
City of Brooklyn Center 25-1 City Ordinance
WEIGHT LIMITS ON STREETS AND HIGHWAYS
Section 25-301. CERTAIN DRIVING RESTRICTED - POSTED ROADS. No person shall
drive, propel, or draw, or cause to be driven, propelled or drawn, any vehicle of any kind rated in excess
of five tons gross for the purpose of carrying or transporting any goods, wares, merchandise, building
materials, manure, dirt, rock, stone, sand, gravel, or any other material or materials of any kind
whatsoever upon or along any of the public streets and avenues in the City of Brooklyn Center
whenever said streets or highways are designated and posted in the following manner:
a. The City Council may, by resolution duly passed, designate that the above restrictions
shall apply to any street or highway whenever it shall find that such restriction is
necessary to the health, welfare or safety of inhabitants residing near such street or
highway or is otherwise necessary to prevent injury to the street or highway itself, and
b. Said street or highway is duly posted by clearly visible and appropriate signs which will
effectively inform drivers of vehicles that such restriction exists upon said streets or
highway.
Section 25-302. EXCEPTIONS. This ordinance shall not apply to vehicles crossing said streets
or avenues or traveling along said streets or avenues for the purpose of transporting materials to or from
any lot or premises, adjacent thereto; provided, that said vehicle shall enter upon said street or avenue at
the intersection nearest to the premises and shall similarly leave said street or avenue.
Section 25-303. ENFORCEMENT. In enforcing this ordinance any vehicle traveling along a
restricted street or highway may be required to proceed directly to the nearest weighing station to be
weighed if reasonably necessary to determine whether such vehicle is in violation of this ordinance.
Section 25-304. VIOLATION AND PENALTY. Any person violating any of the provisions of
this ordinance shall, upon conviction thereof, be punishable by a fine of not more than one thousand
dollars ($1,000) or imprisonment not to exceed ninety (90) days or both, together with the costs of
prosecution.
STREET NAME CHANGES
Section 25-401. SOUTH ERICON DRIVE - OLIVER AVENUE NORTH. South Ericon
Drive, also known as Ericon Court, (lying between the north line of Lot 25, Auditor's Subdivision 218
and Ericon Drive) is hereby renamed, and shall hereafter be known as Oliver Avenue North.
Section 25-402. LAKE PLACE - LAKE SIDE PLACE. Lake Place (lying between 52nd
Avenue North and East Twin Lake Boulevard) is hereby renamed and shall hereafter be known as Lake
Side Place.
City of Brooklyn Center 25-2 City Ordinance
Section 25-403. 59TH AVENUE NORTH - 59-1/2 AVENUE NORTH. 59TH Avenue North
(lying between Halifax Avenue North and June Avenue North in Pearson's Northport 3rd Addition) is
hereby renamed and shall hereafter be known as 59-1/2 Avenue North.
Section 25-404. LANE STREET - 70TH AVENUE NORTH. Lane Street (lying within the
City of Brooklyn Center) is hereby renamed, and shall hereafter be known as 70th Avenue North.
Section 25-405. MEADOW LANE - VINCENT AVENUE NORTH. Meadow Lane (lying
within the City of Brooklyn Center) is hereby renamed, and shall hereafter be known as Vincent Avenue
North.
Section 25-406. 62ND AVENUE NORTH - 61ST AVENUE NORTH. 62nd Avenue North
(lying between Perry Avenue North and Regent Avenue North) is hereby renamed and shall hereafter be
known as 61st Avenue North.
Section 25-407. WOODBINE AVENUE NORTH - WOODBINE LANE. Woodbine Avenue
North (lying in Northbrook Manor Addition and Northbrook Manor 2nd Addition) is hereby renamed
and shall hereafter be known as Woodbine Lane.
Section 25-408. MAY AVENUE - INDIANA AVENUE NORTH. May Avenue (lying
between 69th Avenue North and 70th Avenue North) is hereby renamed and shall hereafter be known as
Indiana Avenue North.
Section 25-409. 47TH AVENUE NORTH - LAKE SIDE AVENUE. 47th Avenue North
(lying within the City of Brooklyn Center) is hereby renamed, and shall hereafter be known as Lake Side
Avenue.
Section 25-410. MARY LANE - CAMDEN COURT. Mary Lane (lying within the City of
Brooklyn Center) is hereby renamed, and shall hereafter be known as Camden Court.
Section 25-411. LAKE DRIVE - EAST TWIN LAKE BLVD. Lake Drive (lying within Twin
Lake Woods Addition within the City of Brooklyn Center) is hereby renamed, and shall hereafter be
known as East Twin Lake Boulevard.
Section 25-412. OSSEO ROAD - BROOKLYN BOULEVARD. To the extent that it is located
within the City of Brooklyn Center, State Trunk Highway 152, also known as Osseo Road, is hereby
renamed Brooklyn Boulevard effective October 17, 1970.
Section 25-413. SHEEHAN ROAD - SUMMIT DRIVE NORTH, LUSHINE DRIVE - JOHN
MARTIN DRIVE. Sheehan Road lying within Twin Cities Interchange Park Addition is hereby
renamed, and shall hereafter be known as Summit Drive North. Lushine Drive lying within Twin Cities
Interchange Park Addition is hereby renamed, and shall hereafter be known as John Martin Drive.
City of Brooklyn Center 25-3 City Ordinance
Section 25-414. 62-1/2 AVENUE - BOULDER LANE. 62-1/2 Avenue North (lying within the
City of Brooklyn Center) is hereby renamed, and shall hereafter be known as Boulder Lane.
Section 25-415. 65TH AVENUE NORTH (PART) - FREEWAY BOULEVARD. That portion
of 65th Avenue North between Humboldt Avenue North and Shingle Creek Parkway is hereby renamed,
and shall be known as Freeway Boulevard, effective January 2, 1976.
Section 25-416. 69-1/2 AVENUE NORTH (PART) - IRVING LANE. That portion of 69-1/2
Avenue North between Logan Avenue North and Irving Avenue North is hereby renamed, and shall be
known as Irving Lane North, effective January 2, 1976.
Section 25-417. 69-1/2 AVENUE NORTH (PART) - EMERSON LANE. That portion of 69-
1/2 Avenue North between Dupont Avenue North and Emerson Avenue North is hereby renamed, and
shall be known as Emerson Lane North, effective January 2, 1976.
Section 25-418. T.H. 169, KNOWN AS LYNDALE AVENUE, (PART) - WEST RIVER
ROAD. That portion of T.H. 169, known as Lyndale Avenue, from FI-94 to the North Corporate
Limits (73rd Avenue North) is hereby renamed, and shall be known as West River Road effective
January 2, 1977.
CONSTRUCTION OF PRIVATE DRIVEWAYS AND SIDEWALKS
Section 25-501. WHEN AUTHORIZED. Property owners are hereby authorized to construct
driveways and sidewalks traversing the boulevard connecting onto the streets owned by the City of
Brooklyn Center subject to the following conditions:
a. Such construction work must be done at the expense of the property owner. No such
construction shall be allowed without having an approved permit from the Director of
Public Works.
b. The granting of permission by the council for this purpose shall give the owner no right
or claim against the City if and when the City shall regrade the streets and shall
otherwise improve or maintain said streets so that if following any construction or
maintenance work on the streets, the property owner is required to reconstruct the
driveway or sidewalk as a consequence thereof, he shall not be entitled to any
reimbursement by the City.
Section 25-601. PREAMBLE. Whereas, freeway interchanges are unable to safely and
expeditiously carry the flow of traffic and many motorists are attempting to find alternate routes through
residential streets resulting in motorists making U-turns in public streets, on the boulevards, and in
private driveways, as well as creating traffic congestion in areas where streets and traffic patterns are not
designed for the many vehicles using the roadways, the stopping and turning movements, and the
unorthodox driving maneuvers which occur.
City of Brooklyn Center 25-4 City Ordinance
NOW, THEREFORE, the City Council of the City of Brooklyn Center finds that an emergency
ordinance is necessary to preserve the public peace and safety as follows:
Section 25-602. PROTECTION OF PERSONS AND PROPERTY. The City Manager is
hereby authorized to regulate or prohibit vehicular or pedestrian traffic upon any street, alley, boulevard,
parking lot open to the public, or other public way or public property for such period of time as shall be
necessary for the purposes stated herein. The prohibition or regulation of vehicular or pedestrian traffic
shall be by written order of the City Manager, and shall be valid only after the placement of appropriate
signs, signals, barricades, or, in the alternative, until appropriate traffic control personnel have been
dispatched to the scene, or, in the alternative, until other appropriate warning devices or methods have
been implemented. Such regulations or prohibitions shall be for the following purposes:
a. to protect public or private property from damage by vehicular or pedestrian traffic;
b. to move, expedite or control the flow of traffic;
c. to secure persons and property from trespass, danger, invasion of privacy, or
unauthorized intrusion;
d. to protect persons, motorists, animals or property from dangerous conditions;
e. to protect against, to protect persons from, or to terminate any breach of the peace,
assault, unlawful assembly, riot, fighting and brawling, illegal use of alcohol, drugs, or
controlled substances, nuisance, whether civil or criminal, trespass, whether civil or
criminal, disorderly conduct, terroristic threats, excessive or unreasonable noise,
littering, continuing violations of the traffic laws, and similar activities or events.
Section 25-603. VIOLATIONS UNLAWFUL. It shall be unlawful and punishable as provided
herein for any person to violate or disobey any order of the City Manager as authorized herein, or any
regulation, sign, signal, barricade, traffic control official, or other warning device, designed, placed or
erected to implement the order of the City Manager.
Section 25-604. PENALTIES. Any person violating the provisions of this ordinance, upon
conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000) or by
imprisonment not to exceed ninety (90) days, or both, together with the costs of prosecution.
Section 25-701. VACATIONS. Any person requesting vacation of any part of a public street,
alley, or easement shall make application to the Director of Public Works or designee using such forms
and providing such information as prescribed and shall pay a cash fee, such fee to be established by the
Council from time to time. All such vacations shall be made by ordinance. No street or alley or part
thereof may be vacated without the approval of at least four-fifths (4/5) of the members of the Council.
City of Brooklyn Center 25-5 City Ordinance
Section 25-801. SIGHT OBSTRUCTIONS PROHIBITED. Trees, shrubbery, and other plant
materials shall not be planted or maintained in such a manner as to obscure or impede the visual
sightlines required to ensure the safe and efficient circulation of vehicles and pedestrians on streets,
intersections, alleys, trails, and sidewalks.
Section 25-802. CLEAR VIEW TRIANGLE DEFINED. On any property which is located at a
street intersection, the Clear View Triangle is defined as that triangular area formed by connecting the
following three points: the point of intersection of the adjacent curb lines extended, and a point on each
adjacent curb line 55 feet from such point of intersection. If there are no curbs, the edge of the traveled
portion of the street or road shall be used instead of the curb line. On any property which is located at
an intersection of an alley with a street, the triangular area is formed by connecting points 20 feet from
such point of intersection. Nothing may be allowed within the Clear View Triangle to materially impede
vision between a height of two and one-half feet and 10 feet above the centerline grades of the
intersecting streets. However, certain objects may remain in the Clear View Triangle if, based on
engineering judgment and discretion, there are other circumstances that limit or minimize risk at the
intersection.
Section 25-803. PLANTS EXTENDING OVER ROADS OR ALLEYS PROHIBITED. No
person owning or controlling any plantings along public streets or roadways shall permit such plantings
to extend over the traveled portion of such street or roadway unless the lowest overhanging portion of
such plantings is trimmed to a minimum of 16 feet above the centerline grade. No plantings may extend
over the traveled portion of public alleys unless the lowest overhanging portion of such plantings is
trimmed to a minimum of 12 feet above the centerline grade.
Section 25-804. PLANTS BLOCKING VISIBILITY OF SIGNS PROHIBITED. No person
owning or controlling any plantings along public streets or roadways shall permit such plantings to block
the visibility of any regulatory, warning, or street identification signs, nor any traffic signals. The City
shall have the authority to determine the minimal amount of required clear zones in such circumstances.
Section 25-805. PLANTS EXTENDING OVER SIDEWALKS OR TRAILS PROHIBITED.
No person owning or controlling any plantings along public sidewalks or trails shall permit such
plantings to extend over the traveled portion of such sidewalks or trails unless the lowest overhanging
portion of such plantings is trimmed to a minimum of 12 feet above the centerline grade.
Section 25-810. ENFORCEMENT. Violation of Sections 25-801 through 25-805 is determined
and declared to be a public safety hazard and a public nuisance. When any such condition is found to
exist, the City Manager or the City Manager's designee shall give the owner or occupant a written order
to either: (1) abate the nuisance at the expense of the owner or occupant within a period of not less than
10 days, the exact time to be specified in such order; or (2) demand a hearing by giving the City
Manager written notice of demand for such a hearing within 5 days after receipt of the order to abate the
nuisance. Upon receipt of such a demand, the City Manager shall schedule a hearing before the Council
at the first council meeting occurring more than 10 days after the order was served on the owner or
occupant, and shall notify the owner or occupant of the time and place of the hearing. Following the
City of Brooklyn Center 25-6 City Ordinance
hearing, the City Council may rescind or affirm or modify the City Manager's order to abate the
nuisance.
Upon failure by the owner or occupant to abate the nuisance as ordered by the City Manager, or by the
City Council following a hearing, the City Manager shall cause the nuisance to be abated and shall
certify the cost thereof to the City Clerk. The City Clerk shall certify said costs to the County to be
extended on the tax rolls of the County against the real estate from which the nuisance was abated all in
accordance with Minnesota Statutes, Chapter 429 and Section 412.221.
PERMITS FOR BLOCK PARTY STREET CLOSURES
Section 25-901. BLOCKING STREETS UNLAWFUL. It shall be unlawful for any person to
erect barricades, close, block, or restrict the flow of through traffic on any public street in the City for
the purpose of conducting a block party without first securing a permit pursuant to Sections 25-902
through 25-908 from the Brooklyn Center chief of police, or the designee of the chief of police.
Section 25-902. APPLICATIONS FOR PERMITS. Applicants for a permit shall, no less than
14 days prior to the date of the proposed block party, provide the following information in a form
determined by the chief of police:
a. Date, place, time, and location of the block party and a description of how the applicants
intend to close or restrict traffic to the street during the block party.
b. Whether alcohol will be served at the block party.
c. Whether live music or any amplification equipment will be present at the proposed block
party.
d. The names, telephone numbers, and addresses of the individuals who will be responsible
for planning, conducting, and cleaning up after the block party.
e. Signatures of residents of at least seventy-five percent (75%) of the addresses on the
street to which traffic will be closed or restricted, such signatures indicating consent to
the street closure or restriction.
f. The name, telephone number, and address of the individual responsible for barricades
required by Section 25-904.
g. A description of provisions which will be made for sanitation which may include
providing portable facilities or access to restrooms in houses.
City of Brooklyn Center 25-7 City Ordinance
Upon receipt of a properly completed application, the chief of police shall approve the application if,
after any necessary consultation with other City departments, the chief determines that the closure or
restriction will not unnecessarily interfere with public travel and will not constitute a threat to the public
health, welfare, or safety. No more than two closures of any street, or part thereof, shall be permitted in
any one calendar year.
Section 25-903. APPLICATION FEE. The City Council may require the payment of a permit
application fee, the amount of which may be set by resolution of the Council.
Section 25-904. BARRICADES. Only barricades approved by the City may be used to block or
restrict traffic to a street upon which a block party is being conducted. The barricades will be obtained
from an approved source by the person designated on the permit application. The designated person
shall be responsible for placing the barricades in the appropriate positions. The designated person shall
be responsible for the barricades.
Section 25-905. SUPERVISION. Adequate adult supervision shall be present at all times
during the block party.
Section 25-906. GARBAGE AND CLEAN-UP. The permit applicants shall provide adequate
trash receptacles during the block party. The permit applicants shall pick up all trash and otherwise
return the street on which the block party was held to the condition it was in prior to the block party,
and shall do so no more than eight (8) hours after the time at which the permit expires.
Section 25-907. HOURS. No streets may be barricaded prior to 8:00 a.m. nor later than 11:30
p.m. on the date of the block party.
Section 25-908. GENERAL CODE PROVISIONS APPLICABLE. Except as expressly
provided for in Sections 25-901 through 25-907, any permit issued pursuant to these Sections shall be
subject to all other applicable provisions of this Code, including, without limitations, the provisions of
Chapter 19 and the noise restrictions contained therein.
City of Brooklyn Center 25-8 City Ordinance
RIGHT-OF-WAY MANAGEMENT
Section 25-1000. FINDINGS AND PURPOSE. To provide for the health, safety and well-
being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the
rights-of-way, the City strives to keep its rights-of-way in a state of good repair and free from
unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of
the rights-of-way, a primary cause for the early and excessive deterioration of its rights-of-way is
frequent excavation.
Right-of-way obstruction is a source of frustration for merchants, business owners and the general
population which must avoid these obstructions or change travel or shopping plans because of them and
has a detrimental effect on commerce. Persons whose facilities are within the right-of-way are the
primary cause of these frequent obstructions.
The City holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens.
The City and other public entities have invested millions of dollars in public funds to build and maintain
the rights-of-way. It also recognizes that some persons, by placing their facilities in the right-of-way and
charging the citizens of the City for goods and services delivered thereby, are using this property held
for the public good. Although such services are often necessary or convenient for the citizens, such
persons receive revenue and/or profit through their use of public property.
In response to the foregoing facts, the City has enacted this Right-of-Way Management Ordinance
relating to right-of-way permits and administration. This Ordinance imposes reasonable regulations on
the placement and maintenance of facilities currently within its rights-of-way or to be placed therein at
some future time. It is intended to complement the regulatory roles of state and federal agencies. Under
this ordinance, persons disturbing and obstructing the rights-of-way will bear a fair share of the financial
responsibility for their integrity. Finally, this Ordinance provides for recovery of out-of-pocket and
projected costs from persons using the public rights-of-way.
Section 25-1001. DEFINITIONS. The following definitions apply to the Right-of-Way
Management Ordinance of this Code. Unless used in a context which indicates otherwise, defined terms
remain defined terms whether or not capitalized.
a. “Applicant” means any person requesting permission to excavate or obstruct a right-of-
way.
b. “City” means the City of Brooklyn Center, Minnesota. For purposes of Section 25-
1027, City includes its elected officials, officers, employees and agents.
c. “Collocate” or “Collocation” means to install, mount, maintain, modify, operate, or
replace a small wireless facility on, under, within, or adjacent to an existing wireless
support structure or utility pole that is owned privately, or by the City or other
governmental unit.
City of Brooklyn Center 25-9 City Ordinance
d. “City Cost” means the actual cost incurred by the City for public rights-of-way
management; including but not limited to costs associated with registering applicants;
issuing, processing, and verifying right-of-way permit applications; creating information
and maintaining information on a geographical information system (GIS) mapping
system; degradation costs; inspecting job sites and restoration projects; maintaining,
supporting, protecting, or moving user facilities during public right-of-way work;
providing traffic control due to applicant's neglect or inadequate performance;
determining the adequacy of right-of-way restoration; restoring work inadequately
performed; and revoking right-of-way permits and performing all other tasks required by
this Right-of-Way Management Ordinance, including other costs the City may incur in
managing the provisions of this Right-of-Way Management Ordinance.
e. “Construction Performance Bond” means any of the following forms of security
provided at the permittee’s option:
1. Individual project bond;
2. Cash deposit;
3. Security of a form listed or approved under Minnesota Statutes, Section 15.73,
Subdivision 3;
4. Letter of credit, in a form acceptable to the Director;
5. Self-insurance, in a form acceptable to the Director;
6. A blanket bond for projects within the City, or
7. Other forms for a construction bond, for a time specified and in a form
acceptable to the Director.
f. “Degradation” means a decrease in the useful life of the right-of-way caused by
excavation in or disturbance of the right-of-way, resulting in the need to reconstruct
such right-of-way earlier than would be required if the excavation or disturbance did not
occur.
g. “Degradation cost” means the cost to achieve a level of restoration as determined by the
City at the time the permit is issued, not to exceed the maximum restoration shown in
plates 1 to 13, set forth in Minnesota Rules 7819.9900 to 7819.9950.
h. “Delay Penalty” means the penalty imposed as a result of unreasonable delays in right-
of-way construction.
i. “Department” means the Department of Public Works of the City.
j. “Department Inspector” means any person authorized by the Director to carry out
inspections related to the provisions of this Right-of-Way Management Ordinance.
k. “Director” means the City Manager, or her or his designee.
City of Brooklyn Center 25-10 City Ordinance
l. “Emergency” means a condition that (1) poses a clear and immediate danger to life or
health, or of a significant loss of property; or (2) requires immediate repair or
replacement in order to restore service to a customer.
m. “Equipment” means any tangible asset used to install, repair, or maintain facilities in any
right-of-way.
n. “Excavate” means to dig into or in any way remove or physically disturb or penetrate
any part of a right-of-way, except horticultural practices of penetrating the boulevard
area to a depth of less than 12 inches.
o. “Excavation Permit” means the permit which must be obtained before a person may
excavate in a right-of-way. An excavation permit allows the holder to excavate that part
of the right-of-way described in such permit.
p. “Excavation Permit Fee” means money paid to the City by an applicant to cover the
costs as provided in Section 25-1010.
q. “Facility” means any tangible asset in the right-of-way required to provide Utility
Service, but shall not include boulevard plantings or gardens planted or maintained in the
right-of-way between a person’s property and the street edge or curb.
r. “In” when used in conjunction with "right-of-way" means over, above, in, within, on or
under a right-of-way.
s. "Local Representative" means a local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make decisions for that
registrant regarding all matters within the scope of this Right-of-Way Management
Ordinance.
t. “Management Costs” means the actual costs the City incurs in managing its rights-of-
way, including such costs, if incurred, as those associated with registering applicants;
issuing, processing, and verifying right-of-way or small wireless facility permit
applications; inspecting job sites and restoration projects; maintaining, supporting,
protecting, or moving user facilities during right-of-way work; determining the adequacy
of right-of-way restoration; restoring work inadequately performed after providing
notice and the opportunity to correct the work; and revoking right-of-way or small
wireless facility permits. Management costs do not include payment by a
telecommunications right-of-way user for the use of the right-of-way, unreasonable fees
of a third-party contractor used by the City including fees tied to or based on customer
counts, access lines, or revenues generated by the right-of-way or for the City, the fees
and cost of litigation relating to the interpretation of Minnesota Session Laws 1997,
Chapter 123; Minnesota Statutes, Sections 237.162 or 237.163; or any ordinance
City of Brooklyn Center 25-11 City Ordinance
enacted under those sections, or the City fees and costs related to appeals taken pursuant
to Section 1.30 of this chapter.
u. “Obstruct” means to place any object in a right-of-way so as to hinder free and open
passage over that or any part of the right-of-way.
v. “Obstruction Permit” means the permit which must be obtained before a person may
obstruct a right-of-way, allowing the holder to hinder free and open passage over the
specified portion of that right-of-way by placing equipment described therein on the
right-of-way for the duration specified therein.
w. “Obstruction Permit Fee” means money paid to the City by a registrant to cover the
costs as provided in Section 25-1010.
x. “Permittee” means any person to whom a permit to excavate or obstruct a right-of-way
has been granted by the City under this Right-of-Way Management Ordinance.
y. “Person” means any natural or corporate person, business association or other business
entity including, but not limited to, a partnership, a sole proprietorship, a political
subdivision, a public or private agency of any kind, a utility, a successor or assign of any
of the foregoing, or any other legal entity which has or seeks to have equipment in any
right-of-way.
z. “Public Right-of-Way” or “Right-of-Way” means the area on, below, or above a public
roadway, highway, street, cartway, bicycle lane or public sidewalk in which the City has
an interest, including other dedicated rights-of-way for travel purposes and utility
easements of the City. A right-of-way does not include the airwaves above a right-of-
way with regard to cellular or other nonwire telecommunications or broadcast service.
aa. “Registrant” means any person who (1) has or seeks to have its equipment located in any
right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-
way or any equipment in the right-of-way.
bb. “Repair” means the temporary construction work necessary to make the right-of-way
useable for travel.
cc. “Restore or Restoration” means the process by which an excavated right-of-way and
surrounding area, including pavement and foundation, is returned to the same condition
that existed before the commencement of the work.
dd. “Restoration Cost” means an amount of money paid to the City by a permittee to cover
the cost of restoration.
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ee. “Right-of-Way Management Ordinance” means Sections 25-1000 through 25-1032 of
this Code.
ff. “Right-of-Way Permit” means either the excavation permit or the obstruction permit, or
both depending on the context, required by this Right-of-Way Management Ordinance.
gg. “Right-of-Way User” means:
1. A telecommunications right-of-way user as defined by Minnesota Statutes,
Section 237.162, Subdivision 4; or
2. A person owning or controlling a facility in the public right-of-way that is used
or is intended to be used for providing utility service, and who has a right under
law, franchise, or ordinance to use the public right-of-way.
hh. “Service” or “Utility Service” includes but is not limited to (1) those services provided
by a public utility as defined in Minnesota Statutes, Section 216B.02, Subdivisions 4 and
6; (2) telecommunications, pipeline, community antenna television, fire and alarm
communications, water, electricity, light, heat, cooling energy, or power services; (3) the
services provided by a corporation organized for the purposes set forth in Minnesota
Statutes, Section 301B.01 300.03; (4) the services provided by a district heating or
cooling system, and (5) cable communications systems as defined in Minnesota Statutes,
Chapter 238.
ii. “Small Wireless Facility” means a wireless facility that meets both of the following
qualifications:
1. each antenna is located inside an enclosure of no more than six cubic feet in
volume or could fit within such an enclosure; and
2. all other wireless equipment associated with the small wireless facility provided
such equipment is, in aggregate, no more than 28 cubic feet in volume, not
including electric meters, concealment elements, telecommunications
demarcation boxes, battery backup power systems, grounding equipment, power
transfer switches, cutoff switches, cable, conduit, vertical cable runs for the
connection of power and other services, and any equipment concealed from
public view within or behind an existing structure or concealment.
jj. “Supplementary Application” means an application made to excavate or obstruct more
of the right-of-way than allowed in, or to extend, a permit that has already been issued.
kk. “Telecommunications Right-of-Way User” means a person owning or controlling a
facility in the right-of-way, or seeking to own or control a facility in the right-of-way
that is used or is intended to be used for providing wireless service, or transporting
telecommunication or other voice or data information. For purposes of this chapter, a
City of Brooklyn Center 25-13 City Ordinance
cable communication system defined and regulated under Minnesota Statutes, Chapter
238, and telecommunication activities related to providing natural gas or electric energy
services, whether provided by a public utility as defined in Minnesota Statutes, Section
216B.02, a municipality, a municipal gas or power agency organized under Minnesota
Statutes, Chapters 453 and 453A, or a cooperative electric association organized under
Minnesota Statutes, Chapter 308A, are not telecommunications right-of-way users for
purposes of this chapter except to the extent such entity is offering wireless service.
ll. “Unusable Facilities” means facilities in the right-of-way which has remained unused for
one year and for which the registrant is unable to provide proof that it has either a plan
to begin using it within the next twelve (12) months or a potential purchaser or user of
the facilities.
mm. “Utility Pole” means a pole that is used in whole or in part to facilitate
telecommunications or electric service.
nn. “Wireless Facility” means equipment at a fixed location that enables the provision of
wireless services between user equipment and a wireless service network, including
equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-
optic cable, regular and backup power supplies, or a small wireless facility, but not
including wireless support structures, wireline backhaul facilities, or cables between
utility poles or wireless support structures, or not otherwise immediately adjacent to and
directly associated with a specific antenna.
oo. “Wireless Service” means any service using licensed or unlicensed wireless spectrum,
including the use of Wi-Fi, whether at a fixed location or by means of a mobile device,
that is provided using wireless facilities. Wireless service does not include services
regulated under Title VI of the Communications Act of 1934, as amended, including
cable service.
pp. “Wireless Support Structure” means a new or existing structure in a right-of-way
designed to support or capable of supporting small wireless facilities, as reasonably
determined by the City.
Section 25-1002. ADMINISTRATION. The City Manager is the principal City official
responsible for the administration of the rights-of-way, right-of-way permits, and the ordinances related
thereto. The Manager may delegate any or all of the duties hereunder.
Section 25-1003. REGISTRATION AND RIGHT-OF-WAY OCCUPANCY.
Subdivision 1. Registration. Each person who occupies, uses, or seeks to occupy or use, the
right-of-way or any facilities in the right-of-way, including by lease, sublease or assignment, or who has,
or seeks to have, facilities are any right-of-way must register with the Director. Registration will consist
City of Brooklyn Center 25-14 City Ordinance
of providing application information and paying a registration fee. A person who pays a franchise fee to
the City in accordance with a franchise agreement shall be exempt from the payment of permit fees if so
provided in the franchise. If the work is to be performed by an agent, contractor or subcontractor on
behalf of a registrant, such application shall also be signed or pre-authorized by the registrant.
Subdivision 2. Registration Prior to Work. No person may construct, install, repair, remove,
relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way
without first being registered with the Director.
Subdivision 3. Exceptions. Nothing herein shall be construed to repeal or amend the provisions
of a City ordinance permitting persons to plant or maintain boulevard plantings or gardens in the area of
the right-of-way between their property and the street curb provided and such use is subject to the use
of the right-of-way by the City or other Persons for installation and maintenance of facilities. Persons
planting or maintaining boulevard plantings or gardens or installing or operating irrigation systems shall
not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or
satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this
Right-of-Way Management Ordinance. However, excavations deeper than 12 inches are subject to the
permit requirements of Section 25-1006. Registration shall not be required for:
a. Private driveways or walkways
b. Sewer and water connections serving individual properties
c. Equipment of private landowner which is within the right-of-way and between that
owner’s property and the street curb
d. Signs
e. Mailboxes
f. Street furnishings
g. Bus stop benches
h. Bus stop shelter
i. Use by private landowners of utility easement areas for facilities that are not inconsistent
with the rights of parties entitled to use the easement
Any Service or Utility Service provided by a person under a franchise with the City shall register
pursuant to this section, but need not provide the registration information required by Section 25-1004 if
such information has been received by the City in the administration of the franchise agreement. In
addition, Persons acting as agents, contractors or subcontractors for a registrant which has properly
registered or who is exempt from registration shall be exempt from registering under Section 25-1004.
Section 25-1004. REGISTRATION INFORMATION.
Subdivision 1. Information Required. The information provided to the Director at the time of
registration shall include, but not be limited to:
a. Each registrant's name, Gopher One-Call registration certificate number, address and e-
City of Brooklyn Center 25-15 City Ordinance
mail address if applicable, and telephone and facsimile numbers.
b. The name, address and e-mail address, if applicable, and telephone and facsimile
numbers of a local representative. The local representative or designee shall be available
at all times. Current information regarding how to contact the local representative in an
emergency shall be provided at the time of registration.
c. Such other information as the City may require including, but not limited to, proof of
adequate public liability insurance.
Subdivision 2. Notice of Changes. The registrant shall keep all of the information listed above
current at all times by providing to the Director information as to changes within fifteen (15) days
following the date on which the registrant has knowledge of any change.
Section 25-1005. REPORTING OBLIGATIONS.
Subdivision 1. Operations. Each registrant shall, at the time of registration and by December 1
of each year, file a construction and major maintenance plan with the Director. Such plan shall be
submitted using a format designated by the Director and shall contain the information determined by the
Director to be necessary to facilitate the coordination and reduction in the frequency of excavations and
obstructions of rights-of-way. Reporting shall not be required for projects which are to be undertaken
only in conjunction with City projects.
The plan shall include, but not be limited to, the following information:
a. The locations and the estimated beginning and ending dates of all Projects to be
commenced during the next calendar year (in this section, a "Next-year Project"); and
b. The tentative locations and estimated beginning and ending dates for all Projects
contemplated for the five years following the next calendar year (in this section, a "Five-
Year Project").
The term "project" in this section shall include both Next-year Projects and Five-year Projects.
By January 1 of each year the Director will have available for inspection in the Director's office a
composite list of all Projects of which the Director has been informed in the annual plans. All
registrants are responsible for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any Project in its list of Next-year
Projects, and must notify the Director and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a Next-year Project of
another registrant listed by the other registrant.
Subdivision 2. Additional Next-year Projects. Notwithstanding the foregoing, the Director may,
City of Brooklyn Center 25-16 City Ordinance
for good cause shown, allow a registrant to submit additional Next-year Projects. Good cause includes,
but is not limited to, the criteria set forth in Section 25-1015 concerning the discretionary issuance of
permits.
Section 25-1006. PERMIT REQUIREMENT.
Subdivision 1. Permit Required. Except as otherwise provided in this Code, no person may
obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first
having obtained the appropriate right-of-way permit from the Director to do so.
a. Excavation permit. An excavation permit is required by a registrant to excavate that
part of the right-of-way described in such permit and to hinder free and open passage
over the specified portion of the right-of-way by placing equipment described therein, to
the extent and for the duration specified therein.
b. Obstruction permit. An obstruction permit is required by a registrant to hinder free and
open passage over the specified portion of right-of-way by placing facilities described
therein on the right-of-way, to the extent and for the duration specified therein. An
Obstruction Permit is not required if a Person already possesses a valid Excavation
Permit for the same work period.
c. Small wireless facility permit. A small wireless facility permit is required by a registrant
to erect or install a wireless support structure, to collocate a small wireless facility, or to
otherwise install a small wireless facility in the specified portion of the right-of-way, to
the extent specified therein, provided that such permit shall remain in effect for the
length of time the facility is in use, unless lawfully revoked.
d. Exceptions. A permit shall not be required for:
1. Signs
2. Mailboxes
3. Street furnishings
4. Bus stop benches
5. Bus stop shelter
6 Use by private landowners of utility easement areas for facilities that are not
inconsistent with the rights of parties entitled to use the easement
Subdivision 2. Permit Extensions. No person may work in or obstruct the right-of-way beyond
the date specified in the permit or do any work beyond that specified in the permit unless such person
makes a supplementary application for an extension or modification of the work specified in the permit
before expiration of the permit, pays a permit extension fee and is granted a permit extension by the
Director. The Director may extend the completion of scope of the work if the specified work could no
be done because of circumstances beyond the control of the permit holder.
City of Brooklyn Center 25-17 City Ordinance
Subdivision 3. Delay Penalty. Notwithstanding Subdivision 2 of this section, even if a new
permit or permit extension is granted, the Director shall establish and impose a delay penalty for
unreasonable delays in right-of-way excavation, obstruction, repair, or restoration.
Subdivision 4. Permit Display. Permits issued under this Chapter shall be conspicuously
displayed at all times at the indicated work site and shall be available for inspection by the Director
Subdivision 5. Antenna Support Structures. Except as otherwise provided, no permits will be
issued for the erection of structures in the right-of-way for the sole purpose of supporting
telecommunications antennas. Permits may be granted for the attachment of telecommunication
antennas and ancillary wires and accessories to existing structures in the right-of-way, subject to the
following conditions:
a. The height of the antenna and related equipment may not extend more than six feet
above the top of the previously existing support structure, and
b. No antennas may be permitted that have associated or ancillary on-ground equipment in
any residential district of the City, and
c. The permission of the owner must be demonstrated, and
d. Design and location of facilities are subject to review and approval of the Director.
Section 25-1007. PERMIT APPLICATIONS. Application for a permit is made to the Director.
Right-of-way permit applications shall contain, and will be considered complete only upon compliance
with the requirements of the following provisions:
a. Registration with the Director pursuant to this Chapter;
b. Submission of a completed permit application form, including all required attachments,
and scaled drawings showing the specific location and area of the proposed project and
the detailed location of all existing and proposed equipment;
c. Payment of all money due to the City for
1. permit fees and costs, and any required deposit;
2. prior obstructions or excavations;
3. any undisputed loss, damage, or expense suffered by the City because of
applicant's prior excavations or obstructions of the rights-of-way or any
emergency actions taken by the City;
City of Brooklyn Center 25-18 City Ordinance
4. franchise fees, if applicable.
d. When an excavation permit is requested for purposes of installing additional facilities,
and the posting of a construction performance bond for the additional facilities is
insufficient, the posting of an additional or larger construction performance bond for the
additional facilities may be required.
Section 25-1008. ISSUANCE OF PERMIT; CONDITIONS.
Subdivision 1. Permit Issuance. If the Director determines that the applicant has satisfied the
requirements of this Chapter, the Director shall issue a permit.
Subdivision 2. Conditions. The Director may impose reasonable conditions upon the issuance
of the permit and the performance of the applicant thereunder to protect the public health, safety and
welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other
users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public.
Subdivision 3. Small Wireless Facility Conditions. In addition to Subdivision 2, the erection or
installation of a wireless support structure, the collocation of a small wireless facility, or other
installation of a small wireless facility in the right-of-way, shall be subject to the all of the following
conditions:
a. A small wireless facility shall only be collocated on the particular wireless support
structure, under those attachment specifications, and at the height indicated in the
applicable permit application.
b. No new wireless support structure installed within the right-of-way shall exceed 50 feet
in height without the City’s written authorization, provided that the City may impose a
lower height limit in the applicable permit to protect the public health, safety and welfare
or to protect the right-of-way and its current use, and further provided that a registrant
may replace an existing wireless support structure exceeding 50 feet in height with a
structure of the same height subject to such conditions or requirements as may be
imposed in the applicable permit.
c. No wireless facility may extend more than 10 feet above its wireless support structure.
d. Where an applicant proposes to install a new wireless support structure in the right-of-
way, the City may impose separation requirements between such structure and any
existing wireless support structure or other facilities in and around the right-of-way.
e. Where an applicant proposes collocation on a decorative wireless support structure, sign
or other structure not intended to support small wireless facilities, the City may impose
City of Brooklyn Center 25-19 City Ordinance
reasonable requirements to accommodate the particular design, appearance, or intended
purpose of such structure.
f. Where an applicant proposes to replace a wireless support structure, the City may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
Subdivision 4. Small Wireless Facility Agreement. A small wireless facility shall only be
collocated on a small wireless support structure owned or controlled by the City, or any other City asset
in the right-of-way, after the applicant has executed a standard small wireless facility collocation
agreement with the City. The standard collocation agreement may require payment of the following:
a. Up to $150 per year for rent to collocate on the City structure;
b. $25 per year for maintenance associated with the collocation;
c. A monthly fee for electrical service as follows:
1. $73 per radio node less than or equal to 100 maximum watts;
2. $182 per radio node over 100 maximum watts; or
3. The actual costs of electricity, if the actual cost exceed the foregoing.
The standard collocation agreement shall be in addition to, and not in lieu of, the required small
wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain
a license or franchise in order to collocate. Issuance of a small wireless facility permit does not
supersede, alter or affect any then-existing agreement between the City and applicant,
Subdivision 5. Standards for Construction or Installation. The requirements and standards for
facility construction or installation are contained in the General Requirements as specified by the
Director. The Director may assign or prohibit specific locations for facilities within the right-of-way, or any
particular segment thereof, and may limit the height of above-ground facilities. All excavation, obstruction, or
other permits issued by the Director involving the installation or replacement of facilities shall designate the
proper location for the facility at issue. The Director may deny a permit application, as provided in Section
25-1015, in the event the proposed location of such facilities is not consistent with the location required by the
Director. The Director may revoke a permit, as provided in Section 25-1020, in the event the facilities are
installed in a location that is inconsistent with the location designated in the applicable permit.
Any registrant whose facilities were previously located in the right-of-way in a position at
variance with the locations established by the Director shall, no later than at the time of the next
reconstruction or excavation of the area where its facilities are located, move that facility to its assigned
position within the right-of-way, unless this requirement is waived by the Director for good cause
City of Brooklyn Center 25-20 City Ordinance
shown, upon consideration of such factors as the remaining economic life of the facilities, public safety,
customer service needs and hardship to the registrant.
Section 25-1009. ACTION ON SMALL WIRELESS FACILITY PERMIT APPLICATION.
Subdivision 1. Deadline for Action. The City shall approve or deny a small wireless facility
permit application within 90 days after filing of such application. The small wireless facility permit, and
any associated building permit application, shall be deemed approved if the City fails to approve or deny
the application within the review periods established in this Section.
Subdivision 2. Consolidated Applications. An applicant may file a consolidated small wireless
facility permit application addressing the proposed collocation of up to 15 small wireless facilities, or a
greater number if agreed to by a local government unit, provided that all small wireless facilities in the
application:
a. Are located within a two-mile radius;
b. Consist of substantially similar equipment; and
c. Are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve some small
wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all
small wireless facilities in the application.
Subdivision 3. Tolling of Deadline. The 90-day deadline for action on a small wireless facility
permit application may be tolled if:
a. The City receives applications from one or more applicants seeking approval of permits
for more than 30 small wireless facilities within a seven-day period. In such case, the
City may extend the deadline for all such applications by 30 days by informing the
affected applicants in writing of such extension.
b. The applicant fails to submit all required documents or information and the City provides
written notice of incompleteness to the applicant within 30 days of receipt the
application. Upon submission of additional documents or information, the City shall
have ten days to notify the applicant in writing of any still-missing information.
c. The City and a small wireless facility applicant agree in writing to toll the review period.
City of Brooklyn Center 25-21 City Ordinance
Section 25-1010. PERMIT FEES.
Subdivision 1. Excavation Permit Fee. The Excavation Permit Fee shall be established by the
Director in an amount designed to recover the City Management Costs.
Subdivision 2. Obstruction Permit Fee. The Obstruction Permit Fee shall be established by the
director and shall be in an amount designed to recover the City Management Cost.
Subdivision 3. Small Wireless Facility Permit Fee. The City shall impose a small wireless facility
permit fee in an amount sufficient to recover:
a. Management costs; and
b. City engineering, make-ready, and construction costs associated with collocation of
small wireless facilities.
Subdivision 4. Deposit. The Director may require that a permit application be accompanied by a
deposit, in addition to the Permit Fee and Construction Performance Bond, in an amount established by
the Director in order to offset any City costs that exceed the amount covered by the Permit Fee. Such
additional City costs may include, but are not limited to, inspection costs for consultants or independent
contractors, legal fees, and other out of pocket expenses, degradation costs, or restoration costs. The
permit fee will cover City staff time spent in the administration of the permit process and in inspection
activities.
The Director may require an applicant to submit a single deposit in an amount intended to cover
all City costs which the Director determines may be incurred during the subsequent twelve (12) month
period based on an applicant’s construction and major maintenance plan filed in accordance with Section
25-1005. The Director shall approve all expenses charged against the deposit, and the unused portion
thereof shall be returned to the applicant. The Director may periodically require that the deposit amount
be replenished as expenses are charged against the deposit. The permit application shall further state
that the applicant agrees to reimburse the City for any City costs incurred by the City in excess of the
amount of the deposit.
Subdivision 5. Payment of Permit Fees. No excavation permit or obstruction permit shall be
issued without payment of such fees before the issuance of such a permit.
Subdivision 6. Non refundable. Permit fees that were paid for a permit that the Director has
revoked for a breach as stated in Section 25-1020 are not refundable.
Subdivision 7. Use of Permit Fees. All obstruction, excavation, and small wireless facility
permit fees shall be used solely for City management, construction, maintenance and repair costs of the
right-of-way.
City of Brooklyn Center 25-22 City Ordinance
Section 25-1011. RIGHT-OF-WAY REPAIR AND RESTORATION.
Subdivision 1. Timing. The work to be done under the excavation permit, and the repair and
restoration of the right-of-way as required herein, must be completed within the dates specified in the
permit, increased by as many days as work could not be done as determined by the Director because of
extraordinary circumstances beyond the control of the permittee or when work was prohibited as
unseasonal or unreasonable under Section 25-1003.
In addition to repairing its own work, the permittee must restore the general area of the work,
and the surrounding areas, including the paving and its foundations, to the same condition that existed
before the commencement of the work and must inspect the area of the work and use reasonable care to
maintain the same condition for twelve (12) months following acceptance by the City.
Subdivision 2. Repair and Restoration. Permittee shall repair and restore its own work. The
permittee shall at the time of application for an excavation permit post a construction performance bond
in an amount determined by the Director to be sufficient to cover the cost of restoring the right-of-way
to its pre-excavation condition. If, twelve (12) months after completion of the restoration of the right-
of-way, the Director determines that the right-of-way has been properly restored, the surety on the
construction performance bond shall be released. Permittees with whom the City has a current franchise
agreement, or authorized agents, contractors, or subcontractors of that franchise shall not be required to
post a construction performance bond.
Subdivision 3. Standards. The permitted shall perform repairs and restoration according to the
standards and with the materials specified by the Director. The Director shall have the authority to
prescribe the manner and extent of the restoration, and may do so in written procedures of general
application or on a case-by-case basis. The Director in exercising this authority shall be guided by the
following standards and considerations.
a. The number, size, depth and duration of the excavations, disruptions or damage to the
right-of-way;
b. The traffic volume carried by the right-of-way; the character of the neighborhood
surrounding the right-of-way;
c. The pre-excavation condition of the right-of-way; the remaining life expectancy of the
right-of-way affected by the excavation;
d. Whether the relative cost of the method of restoration to the permittee is in reasonable
balance with the prevention of an accelerated depreciation of the right-of-way that
would otherwise result from the excavation, disturbance or damage to the right-of-way;
and
e. The likelihood that the particular method of restoration would be effective in slowing the
City of Brooklyn Center 25-23 City Ordinance
depreciation of the right-of-way that would otherwise take place.
Subdivision 4. Guarantees. The permittee guarantees its work and shall maintain it for twelve
(12) months following its completion. During this 12-month period it shall, upon notification from the
Director, correct all restoration work to the extent necessary, using the method required by the Director.
Said work shall be completed within five (5) calendar days of the receipt of the notice from the
Director, not including days during which work cannot be done because of circumstances constituting
force majeure or days when work is prohibited as unseasonal or unreasonable under Section 25-1014.
Subdivision 5. Failure to Restore. If the Permittee fails to restore the right-of-way in the
manner and to the condition required by the Director, or fails to satisfactorily and timely complete all
restoration required by the Director, the Director at its option may do such work. In that event the
permittee shall pay to the City, within thirty (30) days of billing, the cost of restoring the right-of-way.
If permittee fails to pay as required, the City may exercise its rights under the construction performance
bond.
Section. 25-1012. JOINT APPLICATIONS.
Subdivision 1. Joint Application. Registrants may jointly apply for permits to excavate or
obstruct the right-of-way at the same place and time.
Subdivision 2. With City Projects. Registrants who join in a scheduled obstruction or
excavation performed by the Director, whether or not it is a joint application by two or more registrants
or a single application, are not required to pay the obstruction portion of the permit fee for that part of
the work which falls within the City project construction limits. The obstruction portion of the fee will
be required for work which occurs outside of the City project construction limits and for work within
such construction limits which is not completed by the City project completion date.
Subdivision 3. Shared Fees. Registrants who apply for permits for the same obstruction or
excavation, which the Director does not perform, may share in the payment of the obstruction or
excavation permit fee. Registrants must agree among themselves as to the portion each will pay and
indicate the same on their applications.
Section 25-1013. SUPPLEMENTARY APPLICATIONS.
Subdivision 1. Limitation on Area. A right-of-way permit is valid only for the area of the right-
of-way specified in the permit, which shall not exceed one (1) lineal mile of right-of-way. No permittee
may do any work outside the area specified in the permit, except as provided herein. Any permittee
which determines that an area greater than that specified in the permit must be obstructed or excavated
must before working in that greater area (i) make application for a permit extension and pay any
additional fees required thereby, and (ii) be granted a new permit or permit extension. The total area for
which a permittee shall be permitted at any one time, pursuant to multiple permits or permit extensions,
shall not exceed three (3) lineal miles of right-of-way.
City of Brooklyn Center 25-24 City Ordinance
Subdivision 2. Limitation on Dates. A right-of-way permit is valid only for the dates specified in
the permit. No permittee may begin its work before the permit start date or, except as provided herein,
continue working after the end date. If a permittee does not finish the work by the permit end date, it
must apply for a new permit for the additional time it needs, and receive the new permit or an extension
of the old permit before working after the end date of the previous permit. This supplementary
application must be done before the permit end date.
Section 25-1014. OTHER OBLIGATIONS.
Subdivision 1. Compliance With Other Laws. Obtaining a right-of-way permit does not relieve
permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees
required by any other City, County, State, or Federal rules, laws or regulations. A permittee shall
comply with all requirements of local, state and federal laws, including Minnesota Statutes, Sections
216D.01 through 216D.09 ("One Call Excavation Notice System"). A permittee shall perform all work
in conformance with all applicable codes and established rules and regulations, and is responsible for all
work done in the right-of-way pursuant to its permit, regardless of who does the work.
Subdivision 2. Prohibited Work. Except in an emergency, and with the approval of the
Director, no right-of-way obstruction or excavation may be done when seasonally prohibited or when
conditions are unreasonable for such work.
Subdivision 3. Interference with Right-of-Way. A permittee shall not so obstruct a right-of-way
that the natural free and clear passage of water through the gutters or other waterways shall be
interfered with. Private vehicles may not be parked within or next to a permit area unless authorized by
the Director. The loading or unloading of trucks next to a permit area is prohibited unless specifically
authorized by the permit.
Section 25-1015. DENIAL OF PERMIT.
Subdivision 1. The Director may deny a permit for failure to meet the requirements and
conditions of this Right-of-Way Management Ordinance, if the Director determines that denial is
necessary to protect the public health, safety and welfare, to prevent interference with the safety and
convenience of ordinary travel over the right-of-way or when necessary to protect the right-of-way and
its current use. The Director, in his/her discretion, may consider factors including:
a. the extent to which right-of-way space where the permit is sought if available;
b. the competing demands for the particular space in the right-of-way;
c. the availability of other locations in the right-of-way or in other rights-of-way for the
equipment of the permit application;
City of Brooklyn Center 25-25 City Ordinance
d. the applicability of ordinance or other regulations of the right-of-way that affect location
of equipment in the right-of-way;
e. the degree of compliance of the applicant with the terms and conditions of its franchise,
this Right-of-Way Management Ordinance, and other applicable ordinances and
regulations;
f. the degree of disruption to surrounding communities and businesses that will result from
the use of that part of the right-of-way;
g. the condition and age of the right-of-way, and whether and when it is scheduled for total
or partial reconstruction; and
h. the balancing of the costs of disruption to the public and damage to the right-of-way,
against the benefits to that part of the public served by the expansion into additional
parts of the right-of-way.
i. If, in the discretion of the Director, the issuance of a permit for the particular date and/or
time would cause a conflict or interfere with an exhibition, celebration, festival, or any
other event.
Subdivision 2. Procedural Requirements. The denial or revocation of a permit must be made in
writing and must document the basis for the denial. The City must notify the applicant or right-of-way
user in writing within three business days of the decision to deny or revoke a permit. If an application is
denied, the right-of-way user may address the reasons for denial identified by the City and resubmit its
application. If the application is resubmitted within 30 days of receipt of the notice of denial, no
additional application fee shall be imposed. The City must approve or deny the resubmitted application
within 30 days after submission.
Section 25-1016. INSTALLATION REQUIREMENTS. The excavation, backfilling, repair and
restoration, and all other work performed in the right-of-way shall be done in conformance with the
Brooklyn Center Standard Design Plates as promulgated by the Director and at a location as required by
Section 25-1022.
Section 25-1017. INSPECTION.
Subdivision 1. Notice of Completion. The permittee shall notify the Director upon the
completion of the work under any permit and at any stage of the work of the project specified in the
permit or standard specifications of the City.
Subdivision 2. Site Inspection. Permittee shall make the work-site available to the Director and
to all others as authorized by law for inspection at all reasonable times during the execution of and upon
completion of the work.
City of Brooklyn Center 25-26 City Ordinance
Subdivision 3. Authority of Director. At the time of inspection the Director may order the
immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of
the public. The Director may issue an order to the registrant for any work which does not conform to
the applicable standards, conditions or codes. The order shall state that failure to correct the violation
will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the
registrant shall present proof to the Director that the violation has been corrected. If such proof has not
been presented within the required time, the Director may revoke the permit pursuant to Section 25-
1020.
Section 25-1018. WORK DONE WITHOUT A PERMIT.
Subdivision 1. Emergency Situations. Each registrant shall immediately notify the Director of
any event regarding its facilities which it considers to be an emergency. The registrant may proceed to
take whatever actions are necessary to respond to the emergency. Within two business days after the
occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated
therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Right-
of-Way Management Ordinance for the actions it took in response to the emergency.
If the Director becomes aware of an emergency regarding a registrant's equipment, the Director
may attempt to contact the local representative of each registrant affected, or potentially affected, by the
emergency. In any event, the Director may take whatever action it deems necessary to respond to the
emergency, the cost of which shall be borne by the registrant whose equipment occasioned the
emergency.
Subdivision 2. Non-Emergency Situations. Except in an emergency, any person who, without
first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently
obtain a permit, pay double the normal fee for said permit, deposit with the Director the fees necessary
to correct any damage to the right-of-way and comply with all of the requirements of this Right-of-Way
Management Ordinance.
Section 25-1019. SUPPLEMENTARY NOTIFICATION. If the obstruction or excavation of
the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the
Director of the accurate information as soon as this information is known.
Section 25-1020. REVOCATION OF PERMITS.
Subdivision 1. Substantial Breach. The City reserves its right, as provided herein, to revoke any
right-of-way permit, without a fee refund, if there is a substantial breach of the terms and conditions of
any statute, ordinance, rule or regulation, or any condition of the permit. A substantial breach by
permittee shall include, but shall not be limited to, the following:
a. The violation of any material provision of the right-of-way permit;
City of Brooklyn Center 25-27 City Ordinance
b. An evasion or attempt to evade any material provision of the right-of-way permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
c. Any material misrepresentation of fact in the application for a right-of-way permit;
d. The failure to complete the work in a timely manner; unless a permit extension is
obtained or unless the failure to complete work is due to reason’s beyond a Permittee’s
control; or
e. The failure to correct in a timely manner a condition indicated on an order issued
pursuant to Section 25-1017.
Subdivision 2. Written Notice of Breach. If the Director determines that the permittee has
committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any
condition of the permit the Director shall make a written demand upon the permittee to remedy such
violation. The demand shall state that continued violations may be cause for revocation of the permit.
Further, a substantial breach, as stated above, will allow the Director, at his or her discretion, to place
additional or revised conditions on the permit.
Subdivision 3. Response to Notice of Breach. Within twenty-four (24) hours of receiving
notification of the breach, permittee shall contact the Director with a plan, acceptable to the Director,
for its correction. Permittee's failure to so contact the Director, or the permittee's failure to submit an
acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for
immediate revocation of the permit.
Subdivision 4. Reimbursement of City Costs. If a permit is revoked, the permittee shall also
reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection
and reasonable attorneys' fees incurred in connection with such revocation.
Section 25-1021. MAPPING DATA.
Subdivision 1. Information Required. Except as provided in Subdivision 2 of this section, each
registrant shall provide to the Director information indicating the horizontal and vertical location,
relative to the boundaries of the right-of-way, of all facilities which it owns or over which it has control
and which is located in any right-of-way ("Mapping Data"). Mapping Data shall be provided with the
specificity and in the format requested by the Director for inclusion in the mapping system used by the
Director.
Within six (6) months after the acquisition, installation, or construction of additional facilities or
any relocation, abandonment, or disuse of existing facilities, each registrant shall supplement the
Mapping Data required herein.
City of Brooklyn Center 25-28 City Ordinance
Each registrant shall, within six (6) months after the date of passage of this Right-of-Way
Management Ordinance, submit a plan to the Director specifying in detail the steps it will take to comply
with the requirements of this Section. Said plan shall provide for the submission of all Mapping Data for
the City as early as may be reasonable and practical, but not later than five (5) years after the date of
passage of this Right-of-Way Management Ordinance.
Notwithstanding the foregoing, Mapping Data shall be submitted by all registrants for all
facilities which is to be installed or constructed after the date of passage of this Right-of-Way
Management Ordinance at the time any permits are sought under these ordinances.
After six (6) months after the passage of this Right-of-Way Management Ordinance, a new
registrant, or a registrant which has not submitted a plan as required above, shall submit complete and
accurate Mapping Data for all its facilities at the time any permits are sought under these ordinances.
Subdivision 2. Telecommunication Equipment. Information on existing facilities and facilities of
telecommunications right-of-way users need only be supplied in the form maintained by the
telecommunications right-of-way user.
Subdivision 3. Trade Secret Information. At the request of any registrant, any information
requested by the Director, which qualifies as a "trade-secret" under Minnesota Statutes, Section
13.37(b) shall be treated as trade secret information as detailed therein. With respect to the provision of
mapping data, the City may consider unique circumstances from time to time required to obtain mapping
data.
Section 25-1022. LOCATION OF FACILITIES.
Subdivision 1. Undergrounding. Unless otherwise permitted by Minnesota Statutes, Section,
216B.36, new construction, the installation of new facilities and the replacement of old facilities shall be
done underground or contained within buildings or other structures in conformity with applicable codes,
except that the Director may approve above ground location and installation that the Director has
determined cannot reasonably be placed underground due to expense, nature, or function if there are no
unreasonable safety, maintenance, or aesthetic concerns or conflicts with the current use of right-of-way.
Subdivision 2. Corridors. The Director may assign specific corridors within the right-of-way, or
any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to
current technology, the Director expects will someday be located within the right-of-way. All
excavation, obstruction, or other permits issued by the Director involving the installation or replacement
of facilities shall designate the proper corridor for the facilities at issue.
The City may not require the relocation of existing underground facilities except in the event the
City institutes a street improvement project, lawfully imitated and conducted by the City on its own
behalf, which necessarily results in a substantial change of elevation and grade for a particular location.
In such event, all affected utilities shall be relocated in a manner which minimizes the technical and
City of Brooklyn Center 25-29 City Ordinance
financial impact to each utility. The City may establish a high density corridor for telecommunications
facilities in a manner consistent with the rules and regulations of the Minnesota Public Utilities
Commission.
Subdivision 3. Limitation of Space. To protect health and safety, the Director shall have the
power to prohibit or limit the placement of new or additional facilities within the right-of-way if there is
insufficient space to accommodate all of the requests of registrants or persons to occupy and use the
right-of-way. In making such decisions, the Director shall strive to the extent possible to accommodate
all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the
public interest, the public's needs for the particular utility service, the condition of the right-of-way, the
time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and
future City plans for public improvements and development projects which have been determined to be
in the public interest.
Section 25-1023. RELOCATION OF EQUIPMENT. A Registrant must promptly and at its
own expense, with due regard for seasonal working conditions, permanently remove and relocate its
facilities and facilities in the right-of-way whenever the director requests such removal and relocation,
and shall restore the right-of-way to the same condition it was in prior to said removal or relocation.
The director may make such request to prevent interference by the Company's equipment or
facilities with (i) a present or future City use of the right-of-way, (ii) a public improvement undertaken
by the City, (iii) an economic development project in which the City has an interest or investment, (iv)
when the public health, safety and welfare require it, or (v) when necessary to prevent interference with
the safety and convenience of ordinary travel over the right-of-way.
Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities
from any right-of-way which has been vacated in favor of a non-governmental entity unless and until the
reasonable costs thereof are first paid to the person therefor.
Section 25-1024. PRE-EXCAVATION EQUIPMENT LOCATION. In addition to complying
with the requirements of Minnesota Statutes, Sections 216D.01 through 216D.09 ("One Call Excavation
Notice System") before the start date of any right-of-way excavation, each registrant who has facilities
in the area to be excavated shall mark the horizontal and approximate vertical placement of all said
facilities. Any registrant whose facilities are less that twenty (20) inches below a concrete or asphalt
surface shall notify and work closely with the excavation contractor to establish the exact location of its
facilities and the best procedure for excavation.
Section 25-1025. DAMAGE TO OTHER EQUIPMENT. When the Director does work in the
right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the
Director shall notify the local representative as early as is reasonably possible. The costs associated
therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing.
Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way
City of Brooklyn Center 25-30 City Ordinance
which it or its facilities damages. Each registrant shall be responsible for the cost of repairing any
damage to the facilities of another registrant caused during the City's response to an emergency
occasioned by that registrant's facilities.
Section 25-1026. RIGHT-OF-WAY VACATION.
Subdivision 1. Reservation of Right. If the City vacates a right-of-way which contains the
facilities of a registrant, and if the vacation does not require the relocation of registrant or permittee
facilities, the City shall reserve, to and for itself and all registrants having facilities in the vacated right-
of-way, the right to install, maintain and operate any facilities in the vacated right-of-way and to enter
upon such right-of-way at any time for the purpose of reconstructing, inspecting, maintaining or
repairing the same.
Subdivision 2. Relocation of Facilities. If the vacation requires the relocation of registrant or
permittee facilities; and (a) if the vacation proceedings are initiated by the registrant or permittee, the
registrant or permittee must pay the relocation costs; or (b) if the vacation proceedings are initiated by
the City, the registrant or permittee must pay the relocation costs unless otherwise agreed to by the City
and the registrant or permittee; or (c) if the vacation proceedings are initiated by a person or persons
other than the registrant or permittee, such other person or persons must pay the relocation costs.
Section 25-1027. INDEMNIFICATION AND LIABILITY.
Subdivision 1. Limitation Liability. By reason of the acceptance of a registration or the grant of
a right-of-way permit, the City does not assume any liability (a) for injuries to persons, damage to
property, or loss of service claims by parties other than the registrant or the City, or (b) for claims or
penalties of any sort resulting from the installation, presence, maintenance, or operation of facilities by
registrants or activities of registrants.
Subdivision 2. Indemnification. By registering with the Director, a registrant agrees, or by
accepting a permit under this Chapter, a permittee is required, to defend, indemnify, and hold the City
whole and harmless from all costs, liabilities, and claims for damages of any kind arising out of the
construction, presence, installation, maintenance, repair or operation of its facilities, or out of any
activity undertaken in or near a right-of-way, whether or not any act or omission complained of is
authorized, allowed, or prohibited by a right-of-way permit. It further agrees that it will not bring, nor
cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief
against the City for any claim nor for any award arising out of the presence, installation, maintenance or
operation of its facilities, or any activity undertaken in or near a right-of-way, whether or not the act or
omission complained of is authorized, allowed or prohibited by a right-of-way permit. The foregoing
does not indemnify the City for its own negligence except for claims arising out of or alleging the City's
negligence where such negligence arises out of or is primarily related to the presence, installation,
construction, operation, maintenance or repair of said facilities by the registrant or on the registrant's
behalf, including, but not limited to, the issuance of permits and inspection of plans or work. This
section is not, as to third parties, a waiver of any defense or immunity otherwise available to the
City of Brooklyn Center 25-31 City Ordinance
registrant or to the City; and the registrant, in defending any action on behalf of the City, shall be entitled
to assert in any action every defense or immunity that the City could assert in its own behalf. To the
extent of any inconsistency between this Section 25-1027 and any franchise, the provisions of the
franchise shall control.
Section 25-1028. ABANDONED AND UNUSABLE EQUIPMENT.
Subdivision 1. Discontinued Operations. A registrant who has determined to discontinue its
operations in the City must either:
a. Provide information satisfactory to the Director that the registrant's obligations for its
facilities in the right-of-way under this Right-of-Way Management Ordinance have been
lawfully assumed by another registrant; or
b. Submit to the Director a proposal and instruments for transferring ownership of its
facilities to the City. If a registrant proceeds under this clause, the City may, at its
option:
1. purchase the facilities; or
2. require the registrant, at its own expense, to remove it; or
3. require the registrant to post a bond in an amount sufficient to reimburse the City
for reasonably anticipated costs to be incurred in removing the facilities.
Subdivision 2. Abandoned Facilities. Facilities of a registrant who fails to comply with
Subdivision l, and which, for two (2) years, remains unused shall be deemed to be abandoned.
Abandoned facilities are deemed to be a nuisance. The City may exercise any remedies or rights it has at
law or in equity, including, but not limited to, (i) abating the nuisance (ii) taking possession of the
facilities and restoring it to a useable condition, or (iii) requiring removal of the facilities by the
registrant, or the registrant's successor in interest.
Subdivision 3. Removal. Any registrant who has unusable and abandoned facilities in any right-
of-way shall remove it from that right-of-way during the next scheduled excavation, unless this
requirement is waived by the Director.
Section 25-1029. RESERVATION OF REGULATORY AND POLICE POWERS. A
Permittee’s or registrant’s rights are subject to the regulatory and police powers of the City to adopt and
enforce general ordinances necessary to protect the health, safety, and welfare of the public.
Section 25-1030. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
portion of this Right-of-Way Management Ordinance is for any reason held invalid or unconstitutional
by any court or administrative agency of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
City of Brooklyn Center 25-32 City Ordinance
remaining portions thereof. If a regulatory body or a court of competent jurisdiction should determine
by a final, non-appealable order that any permit, right or registration issued under any portions of this
Right-of-Way Management Ordinance is illegal or unenforceable, then any such permit, right or
registration granted or deemed to exist hereunder shall be considered as a revocable permit with a
mutual right in either party to terminate without cause upon giving sixty (60) days written notice to the
other. The requirements and conditions of such a revocable permit shall be the same requirements and
conditions as set forth in the permit, right or registration, respectively, except for conditions relating to
the term of the permit and the right of termination. If a permit, right or registration shall be considered a
revocable permit as provided herein, the permittee must acknowledge the authority of the City Council
to issue such revocable permit and the power to revoke it. Nothing in this Right-of-Way Management
Ordinance precludes the City from requiring a franchise agreement with the applicant, as allowed by law,
in addition to requirements set forth herein.
Section 25-1031. APPEALS. Decisions of the Director in the interpretation and enforcement of
this Right-of-Way Management Ordinance may be appealed by the applicant, registrant or permittee to
the City Council by serving written notice of a request for an appeal on the City Manager. The City
Manager shall thereupon schedule a public hearing on the appeal before the City Council and give notice
of the time, place and date of such hearing to the appealing party no less than ten (10) days prior to the
hearing.
Section 25-1032. WAIVER. The Director may waive any or all requirements of Sections 25-
1003 through 25-1010 and 25-1021 if compliance is not deemed to be reasonably necessary, in the
discretion of the Director, to serve the purposes of this Right-of-Way Management Ordinance. The
decision of the Director not to waive any such requirement is not subject to appeal to the City Council.
Section 25-1022 may be waived as provided therein. Waiver of provisions of Sections 25-1003 through
25-1005 and 25-1021 may be rescinded by the Director at any time upon written notice to the person
subject to the requirement.
Section 25-1100. MEDIAN SAFETY.
Section 25-1100. FINDINGS AND PURPOSE. The city has three high-capacity arterial
roadways that are heavily travelled thruways with traffic counts on Brooklyn Boulevard of 17,300 to
30,500 vehicles per day, on Bass Lake Road of 11,400 to 16,100 vehicles per day, and on Trunk
Highway 252 of 59,000 to 69,000 vehicles per day. Trunk Highway 252 is also considered an
expressway that is one of the most heavily traveled highways with stoplights in Minnesota and has a high
number of crashes, including one high-traffic intersection that is ranked the 2nd highest crash cost
intersection in the state. These arterial roadways have posted speed limits that range from 35 m.p.h. to
55 m.p.h., contain high-traffic intersections, and have relatively narrow or obstructed medians. The
medians on these roadways are traffic separation structures that were not designed, and are not
maintained, to accommodate either any pedestrians, or only those who are temporarily crossing at a
designated crosswalk. Most of the medians also contain landscaping, traffic control devices, and other
obstructions that are inconsistent with use by pedestrians and those who attempt to walk around the
obstructions are at an increased risk of being struck by a vehicle. The city has experienced an increase in
City of Brooklyn Center 25-33 08-04-18
the number of pedestrians remaining on medians at high-traffic intersections for extended periods. It is
not safe for pedestrians to remain on these medians as they are at risk of being struck by the large
volume of traffic travelling through these intersections at high rates of speed. Their presence on the
medians also distracts drivers focused on not striking them as they navigate through these high-traffic
intersections. The purpose of these sections is to establish a narrowly tailored regulation intended to
protect public safety related to pedestrians in roadways and drivers passing through high-traffic
intersections on the identified arterial roadways within the city.
Section 25-1101. DEFINITIONS. For the purposes of Sections 25-1100 through 25-1104, the
following terms shall have the meaning given them in this section.
a.“Arterial roadway” means the following roadways within the city:
1.Brooklyn Boulevard (CSAH 152);
2.Bass Lake Road (CSAH 10), located between the western jurisdictional boundaries of
the city and Trunk Highway 100; and
3.Trunk Highway 252.
b.“High-traffic intersection” means the following intersections on arterial roadways controlled by
traffic signals:
th
1.Brooklyn Boulevard and 69 Avenue;
th
2.Brooklyn Boulevard and 68 Avenue;
3.Brooklyn Boulevard and I-94 Westbound Ramps;
4.Brooklyn Boulevard and I-94 Eastbound Ramps;
rd
5.Brooklyn Boulevard and 63 Avenue;
th
6.Brooklyn Boulevard and 65 Avenue;
7.Brooklyn Boulevard and Bass Lake Road;
th
8.Brooklyn Boulevard and 55 Avenue;
9.Brooklyn Boulevard and TH 100 Southbound Ramps;
10.Brooklyn Boulevard and TH 10 Northbound Ramps;
11.Bass Lake Road and Xerxes Avenue;
12.Bass Lake Road and Northway Drive (eastern most intersection)
13.Bass Lake Road and Shingle Creek Parkway
14.Bass Lake Road and TH 100 Southbound Ramps;
15.Bass Lake Road and TH 100 Northbound Ramps;
th
16.Trunk Highway 252 and 66 Avenue;
th
17.Trunk Highway 252 and 70 Avenue; and
rd
18.Trunk Highway 252 and 73 Avenue.
c.“Median means a paved or unpaved area dividing a street or highway that separates lanes of
traffic traveling in opposite directions, or, in the case of separated turn lanes, vehicles traveling
City of Brooklyn Center 25-34 08-04-18
in the same direction.
d.“Roadway” means the travelled portion and median of a street or highway.
Section 25-1102. PROHIBITION. No person shall be on a median within 300 feet of a high-
traffic intersection unless the person is in the process of legally crossing the roadway. This prohibition
applies to both the median on the arterial roadway and the median on the intersecting roadway. A
person shall not be considered to be in the process of legally crossing a roadway, and it shall be prima
facie evidence of a violation of this section, if a person stays on a median through two consecutive
opportunities to cross the roadway in accordance with the crossing signal and state law.
Section 25-1103. EXCEPTIONS. The prohibitions in Section 25-1102 shall not apply to any of
the following:
a.Any person engaged in law enforcement or rescue activities, including providing assistance
to an injured or disable vehicle or person;
b.Any person engaged in the emergency repair of their vehicle; or
c.Any public works staff or public contractors engaged in the maintenance, repair or
improvement of a roadway or related public facilities, or public utility workers installing,
maintaining, repairing, or removing public utilities.
Section 25-1104. PENALTY. A violation of Section 25-1102 is a petty misdemeanor offense
and shall also constitute an administrative offense subject to issuance of an administrative citation and
civil penalties as provided in Sections 18-201 through 18-212. A person who violates Section 25-1102
may be issued a petty misdemeanor citation or an administrative citation, but not both for the same
violation. A person may be charged with a misdemeanor offense if that person violates Section 25-1102
within 12 months of the first of two prior median safety violations. For the purposes of this Section,
“prior median safety violation” shall be defined as either: (a) a petty misdemeanor conviction of a
violation of Section 25-1102; or (b) the payment of an administrative citation containing a violation of
Section 25-1102.
(Ord. 2018-07, adopted 6/25/18)
City of Brooklyn Center 25-35 08-04-18