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HomeMy WebLinkAbout Chapter 27 - TrafficTRAFFIC – CHAPTER 27 Section City of Brooklyn Center City Ordinance Application ................................................................................................................................... 27-100 Penalty .......................................................................................................................................... 27-101 Highway Regulation Act Adopted ............................................................................................... 27-102 Driver's License Requirements .................................................................................................... 27-103 Obstruction of or Damage to Highways, Streets, and Alleys ....................................................... 27-104 Backing a Motor Vehicle ............................................................................................................. 27-110 Driving on Private Property at Corners ........................................................................................ 27-111 Driving on Sidewalks and Roadside Areas .................................................................................. 27-112 Alley Speed Limit ........................................................................................................................ 27-113 Unreasonable Acceleration .......................................................................................................... 27-114 Parking Restricted and Prohibited ............................................................................................... 27-120 Removal of Illegally Parked Vehicles .......................................................................................... 27-121 Unattended Motor Vehicle ........................................................................................................... 27-122 Throwing of Missiles Prohibited ................................................................................................. 27-130 Unauthorized Use of Leased Motor Vehicles .............................................................................. 27-131 Unauthorized Tampering and Riding Prohibited ......................................................................... 27-132 ON-STREET SOLICITING AND VENDING Definitions.................................................................................................................................... 27-200 Application ................................................................................................................................... 27-201 Hours and Routes ......................................................................................................................... 27-202 Insurance and Safety Requirements ............................................................................................. 27-203 Penalties ....................................................................................................................................... 27-204 TRAFFIC – CHAPTER 27 Section City of Brooklyn Center City Ordinance SNOWMOBILES, ALL-TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND OTHER RECREATIONAL VEHICLES Definitions.................................................................................................................................... 27-901 Unlawful Operation ..................................................................................................................... 27-902 Operation Restrictions and Limitations ....................................................................................... 27-903 Equipment .................................................................................................................................... 27-904 Prohibition of Person in Lawful Control ..................................................................................... 27-905 Leaving Snowmobile, All-Terrain Vehicle, Off-Highway Motorcycle or Recreational Vehicle Unattended ................................................................................................................................... 27-906 Chasing Animals Forbidden ........................................................................................................ 27-907 Violations ..................................................................................................................................... 27-908 City of Brooklyn Center 27-1 City Ordinance CHAPTER 27 - TRAFFIC ORDINANCE Section 27-100. APPLICATION. Except where clearly inapplicable, all provisions of this ordinance shall apply to the use of motor vehicles and other conveyances upon the highways, streets, alleys, sidewalks and walkways, parking lots, private roads and driveways, and other private lands located within the City. Section 27-101. PENALTY. Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than ninety (90) days or both, together with the costs of prosecution. Section 27-102. HIGHWAY REGULATION ACT ADOPTED. The regulatory provisions of Chapter 169, Minnesota Statutes as amended by Laws of 1976, are hereby adopted by reference as a traffic ordinance regulating the use of highways, streets, alleys and other land within the City of Brooklyn Center and are hereby incorporated in and made a part of this ordinance as though fully set forth. Section 27-103. DRIVER'S LICENSE REQUIREMENTS. The regulatory provisions of Chapter 171, Minnesota Statutes as amended by Laws of 1976, are hereby adopted by reference and are hereby incorporated in and made a part of this ordinance as though fully set forth. Section 27-104. OBSTRUCTION OF OR DAMAGE TO HIGHWAYS, STREETS, AND ALLEYS. The regulatory provisions of Chapter 160, Minnesota Statutes, Section 160.27 (5) as amended by Laws of 1976, relating to the obstruction of or damage to highways is hereby adopted by reference and shall have the same force and effect as though fully set out herein. The terms of this section shall apply to all highways, streets, and alleys within the City of Brooklyn Center. All violations hereof shall be prosecuted by the city attorney for the City of Brooklyn Center. Section 27-110. BACKING A MOTOR VEHICLE. No person shall back a motor vehicle unless and until such movement can be made with reasonable safety, and then only after giving a clearly audible warning by sounding the horn if any pedestrian or vehicle may be affected by such movement. No person shall back any motor vehicle into a street intersection or highway intersection. Section 27-111. DRIVING ON PRIVATE PROPERTY AT CORNERS. No person shall drive a motor vehicle upon or across the private property of another, including automobile service stations at a corner formed by the intersection of two streets unless requested or authorized to do so by the owner thereof. Entering upon the property of an automobile service station for the purpose of purchasing gas, oil, or for other purposes normally incident to the operation of an automobile service station shall be presumed to be authorized by the owner thereof. Section 27-112. DRIVING ON SIDEWALKS AND ROADSIDE AREAS. Other than to directly cross for access to abutting property, and other than for authorized maintenance purposes, no person shall drive a motor vehicle upon a public sidewalk or upon the nonroadway area of any public street right of way. Section 27-113. ALLEY SPEED LIMIT. No person shall operate a motor vehicle or other conveyance in excess of 15 miles per hour on any alley within the City of Brooklyn Center. City of Brooklyn Center 27-2 City Ordinance Section 27-114. UNREASONABLE ACCELERATION. No person shall accelerate a motor vehicle so rapidly and abruptly that a tire or tires break traction with the street surface causing a squealing sound or the dislodging of sand, gravel, or other objects by the tires when the peace or safety of any pedestrian, driver, or other person is disturbed or threatened thereby. Section 27-120. PARKING RESTRICTED AND PROHIBITED. 1. No person in charge of any vehicle shall park or permit such vehicle to stand upon the roadway of any highway or street in the City of Brooklyn Center between the hours of 2 a.m. and 6 a.m., nor for more than six consecutive hours at any other time. No person in charge of any vehicle shall park or permit such vehicle to stand upon any alley in the City of Brooklyn Center at any time. 2. Snow Emergency. After a snowfall of at least 2.5 inches in the City, parking is prohibited on any public street or alley until and after that particular street or alley has been plowed and the snow removed to the curb line. It is unlawful to deposit snow or ice, plowed or removed from private property, onto the traveled portion of a street, alley or public way. Vehicles parked in violation of this section may be removed in accordance with Section 27-121. 3. No person in charge of any vehicle shall park or permit such vehicle to stand upon any stre et, highway, parking lot or other area within the City of Brooklyn Center in violation of posted parking restrictions or traffic control devices. 4. No person in charge of any vehicle shall park or permit such vehicles or any part thereof, to stand upon a public sidewalk or upon the nonroadway area of any public street right of way. 5. The City Manager is authorized to establish and post parking restrictions for parking lots and other property owned by the City or its Economic Development Authority. Anyo ne parking a vehicle in violation of the posted restrictions is a violation of this code and the vehicle is subject to removal as provided in Section 27-121. 6. The Chief of Police or his/her designee may allow short-term exceptions to the above stated parking restrictions under certain circumstances if requests for such exceptions are submitted to the Police Department at least two hours prior to the time period for which the exception is requested, and if he/she determines that the granting of such exceptions will not create problems affecting the health and safety of the citizens or unduly affect traffic movements or street maintenance operations. Specific examples of events for which exceptions may be granted if all conditions are met include but are not limited to: a.) family gatherings for special events such as weddings, graduations, anniversaries, and funerals in residential areas. b.) civic events such as community celebrations and parades. c.) reconstruction or resurfacing of driveways. d.) ou t of state visitors with large R.V.'s. City of Brooklyn Center 27-3 City Ordinance Section 27-121. REMOVAL OF ILLEGALLY PARKED VEHICLES. Any vehicle parked in violation of the ordinance of the City or in violation of any State law may be removed by towing at the direction of the City police to a suitable place for storage until claimed by the owner o r his agent, and the owner or other person responsible for such parking of the vehicle shall be liable for the reasonable cost of such towing and storage. Section 27-122. UNATTENDED MOTOR VEHICLE. No person driving or being in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine, locking the ignition, removing the key therefrom, and removing the key from the motor vehicle. Section 27-130. THROWING OF MISSILES PROHIBITED. No person shall drop or throw any missile or object at, on, or against any motor vehicle while such motor vehicle is in motion. Section 27-131. UNAUTHORIZED USE OF LEASED MOTOR VEHICLES. 1. A person having executed an agreement in writing for the hire or use of a motor vehicle who with intent to defraud or deprive the owner of the use or benefit thereof, fails or refuses to return to the place agreed upon such vehicle within 72 hours after written demand for the return thereof is made in the manner provided by subdivision 2 of this section is guilty of a misdemeanor at the place the agreement for rental was made. 2. Written demand for the return of such vehicle may be served personally in the manner provided for service of process in a civil action or by certified mail at any time after th e expiration of the time set forth in the agreement for the return thereof. Service by certified mail shall be deemed to be complete upon deposit in the United States mail of such demand securely wrapped, postpaid and addressed to such person at the address for such person set forth in the written agreement for the hire or use thereof, or in the absence of such address to such person's last known place of residence. Section 27-132. UNAUTHORIZED TAMPERING AND RIDING PROHIBITED. No person shall, without permission of the owner or his agent, tamper with or enter a motor vehicle or ride in a motor vehicle knowing it was taken as being driven by another without the owner's permission. ON-STREET SOLICITING AND VENDING BY CATERING FOOD VEHICLES Section 27-200. DEFINITIONS. The following terms, when used in this ordinance, have the meanings ascribed to them: 1. Catering Food Vehicle. Catering food vehicle shall mean any food vehicle used to transport any food from its point of preparation to a point where the food is served from the vehicle to the consumer, or any food vehicle wherein food is prepared for sale or service to the consumer. 2. Food. Food shall mean any raw, cooked, or processed substance, beverage, water, ice, or other ingredient used or intended for use in whole or in part for human consumption. City of Brooklyn Center 27-4 City Ordinance 3. Food Establishment. Food Establishment shall mean any building, room, stand, enclosure, vehicle, space, area, or other place where food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, transported, distributed, sold, or offered for sale or served in any way with or without charge, except private homes. 4. Food Vehicle. Food Vehicle shall mean any food establishment consisting of a mobile vehicle which hauls any food for the purpose of delivery or sale. Section 27-201. APPLICATION. No owner or operator of any catering food vehicle which is used for on-street soliciting for the sale of or vending of confections or other goods directly from such vehicle shall engage in the activity of on-street soliciting, dispensing, or vending unless the provisions of this ordinance are met and such catering food vehicle complies with the requirements as set forth by the Minnesota Department of Agriculture. This ordinance shall not apply to persons using vehicles for the delivery of goods or services directly to homes or establishments where the goods are taken by the operator of the vehicle onto private property for delivery, nor shall it apply to the operation of any political subdivision or unit of government. Section 27-202. HOURS AND ROUTES. No person operating under the provisions of this ordinance shall carry on the activity of on-street soliciting or vending operations except between the hours of 1 p.m. through 9:30 p.m. A vendor shall follow such routes as will minimize the hazard to the persons who may be customers of such vehicles and which will minimize traffic difficulties which may arise out of such operations. Section 27-203. INSURANCE AND SAFETY REQUIREMENTS. Every owner or operator shall maintain insurance as follows: 1. Automobile Liability - Limits of Liability: a. Combined Single Limits - $500,000 each occurrence; or b. Bodily Injury Liability - $100,000 each person, $500,000 each occurrence; and c. Property Damage Liability - $100,000 each occurrence. 2. Commercial General Liability Covering Operations and Products Liability -Limits of Liability: a. Combined Single Limits - $100,000 each occurrence, $500,000 aggregate; or b. Bodily Injury Liability - $100,000 each person, $500,000 aggregate; and c. Property Damage Liability - $50,000 each occurrence. 3. Workers' Compensation Coverage a. Statutory coverage to comply with section 1776.182 of the Minnesota Statutes. City of Brooklyn Center 27-5 City Ordinance Coverage shall be provided by an Insurance Carrier who holds a Certificate of Authorization (licensed) with the State of Minnesota. Evidence of such insurance will be in the form of a Certificate of Insurance, industry standard ACORD form, or similar type form approved by the City. The Certificate shall state that coverage cannot be canceled mid term or not renewed without thirty (30) days prior written notice to the City, any phraseology limiting this requirement shall be stricken. Catering food vehicles must be parked at the street curb while engaging in vending operations and vending shall be done only from the curb side of the vehicle. Each catering food vehicle must be equipped with flashing lights on both front and rear of the vehicle, clearly visible to oncoming automobiles in full daylight. No owner or operator of any catering food vehicle shall call attention to his business or to his goods, wares, or merchandise, by crying them out, by blowing a horn, or by any loud or unusual noise. Every catering food vehicle while carrying on a vending operation shall be attended by at least two adult persons, one of whom shall have the following specific duties: For the full period during which such catering food vehicle is stopped for vending or stopped in such a manner or place as to reasonably cause others to believe that it is proposing to engage in vending operations, said person shall stand alongside said catering food vehicle in such a manner as to be able to observe traffic coming from all directions and to observe children crossing the street in the immediate vicinity of said catering food vehicle. Such person shall give adequate warning to oncoming vehicles and to children so as to avoid accident or injury to said children. Section 27-204. PENALTIES. Any person violating any provision of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) and imprisonment for not more than ninety (90) days, or both, together with the costs of prosecution. SNOWMOBILES, ALL-TERRAIN VEHICLES, OFF-HIGHWAY MOTORCYCLES AND OTHER RECREATIONAL VEHICLES Section 27-901. DEFINITIONS. For the purposes of Sections 27-901 through 27-908, the terms used herein shall have the following meanings ascribed to them: Person - includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. Snowmobile - means a self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners. Owner - means a persons, other than a lien holder, having ownership in or title to a recreational vehicle and entitled to the use or possession thereof. Operate - means to ride in or on and control the operation of a recreational vehicle. City of Brooklyn Center 27-6 City Ordinance Operator - means every person who operates or is in actual physical control of a recreational vehicle. Roadway - means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder. Street or highway - means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter or right, for the purposes of vehicular traffic. All-Terrain Vehicle or ATV - means a motorized vehicle with (1) not less than three but not more than six low pressure or non-pneumatic tires; (2) a total dry weight of 2,000 pounds or less; and (3) a total width from outside of tire rim to outside of tire rim that is 65 inches or less. An all-terrain vehicle includes Class 1 all-terrain vehicles and Class 2 all-terrain vehicles. An all-terrain vehicle does not include a golf cart, mini-truck, dune buggy, or go-cart, or a vehicle designed and used specifically for lawn maintenance, agriculture, logging, or mining purposes. All ATV’s must be registered with the Minnesota Department of Natural Resources, unless exempted. ATV’s must also be registered with Hennepin County. Off-Highway Motorcycle - means a motorized, off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under Minnesota Statutes Chapter 168 for highway use if it is also used for off-highway operation on trails or unimproved terrain. Recreational Vehicle - means a self-propelled vehicle, including an ATV, off-highway motorcycle, snowmobile, motorized golf cart, utility task vehicle, or any other vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners, or a vehicle designed for operation on a paved surface that is not licensed by the Minnesota Department of Public Safety or equivalent agency in another state for operation on public roads. A recreational vehicle does not include a mini truck, a wheelchair, or a electronic personal assistive mobility device, as defined in Minnesota Statutes, section 169.011. This term is a general reference to all of the types of vehicles regulated under Sections 27 - 901 through 27-908. Utility Task Vehicle – means a side-by-side, four-wheel drive, off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds. Section 27-902. UNLAWFUL OPERATION. It shall be unlawful for any person to operate a recreational vehicle within the limits of the City, unless such operation is within one of the following exemptions: 1. On public streets or highways in an emergency, but only when travel by automobile is rendered practically impossible because of the depth of snow on streets and highways. Any such operation may only be on the righthand side of such street or highway and in the same direction as the regular flow of traffic; City of Brooklyn Center 27-7 City Ordinance 2. On public streets or highways when operated in a parade or other civic function authorized by the city council or chief of police; 3. On a public street or highway which has been closed by lawful order to vehicular traffic for the purpose of allowing use by a recreational vehicle; 4. Entirely within an enclosed building when the use of a recreational vehicle is part of a commercial use authorized under the City’s zoning regulations; 5. The operation of recreational vehicles by police, fire, ambulance, or other emergency services as part of providing services within the City; 6. The operation of recreational vehicles by City public works staff as part of their official duties; 7. For the immediate loading or unloading of a recreational vehicle onto or from a trailer or other vehicle; 8. For snow removal by the property owner; 9. The operation of recreational vehicles by a public utility company as part of its construction or maintenance activities; 10. The operation of a snowmobile for direct access to adjoining public land or public water on which the operation of snowmobiles is permitted; or 11. The operation of a recreational vehicle on private property between the hours of 9:00 a.m. and 10:00 p.m. with the express consent of the property owner. All references to the operation of a recreational vehicle within the City under Sections 27 -901 through 27- 908 are limited to operations occurring under the one of the above exceptions. All other operations of recreational vehicles within the City including, but not limited to, operations on private property, streets, or highways, are prohibited and constitute a violation of this City Code. Section 27-903. OPERATION RESTRICTIONS AND LIMITATIONS. To the extent the operation of a recreational vehicle is allowed under Section 27-902, it is unlawful for any person to operate such recreational vehicle: 1. In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto; 2. In a manner so as to create an unreasonably loud, disturbing, unnecessary, or unusual noise prohibited under Section 19-1203; 3. For more than five hours out of any continuous six-hour period; City of Brooklyn Center 27-8 City Ordinance 4. While under the influence of intoxicating liquor or narcotics or habit-forming drugs; 5. So as to tow any person or thing on a highway except through the use of rigid tow bar attached to the rear of the snowmobile, all-terrain vehicle, off-highway motorcycle or recreational vehicle; 6. At a rate of speed greater than reasonable or proper under all the surrounding circumstances; or 7. If it does not contain all of the equipment required by state law or Section 27-904. Nothing in this section prohibits a person from bringing a suit against the owner of a recreational vehicle alleging the operation of the recreational vehicle constitutes a prohibited nuisance. Section 27-904. EQUIPMENT. 1. To the extent the operation of a snowmobile (recreational vehicle) is allowed under Section 27.902, it is unlawful for any person to operate a snowmobile any place within the limits of the City unless it is equipped with the following: a. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Regulation NR57 which is hereby adopted by reference. No person shall use a muffler cutout, bypass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound. b. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. c. A safety or so-called "deadman" throttle in operating condition, so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track. d. At least one clear lamp attached to the front with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected in to the eyes of an oncoming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the h ours of darkness under normal atmospheric conditions. The equipment shall be in operating condition when the vehicle is operated between the hours of one-half hour after sunset to one-half before sunrise or at times of reduced visibility. City of Brooklyn Center 27-9 City Ordinance e. Reflective material at least 16 square inches on each side, forward of the handlebars. 2. No recreational vehicle shall be operated within the limits of the City unless it is equipped with the equipment required by Minnesota Rules, Part 6102.0040. 3. A recreational vehicle may not be modified by any person in any manner that will amplify or otherwise increase total noise emissions to a level greater than that emitted by the recreational vehicle as originally constructed, regardless of the date of manufacture. Section 27-905. PROHIBITION ON PERSON IN LAWFUL CONTROL. It shall be unlawful for any person who is in lawful control of a recreational vehicle to permit it to be operated contrary to Section 27- 901 through 27-908. Section 27-906. LEAVING SNOWMOBILE, ALL-TERRAIN VEHICLE, OFF-HIGHWAY MOTORCYCLE OR RECREATIONAL VEHICLE UNATTENDED. Every person leaving a recreational vehicle in a public place shall lock the ignition, remove the key and take same with them. Section 27-907. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run over or kill any animal, wild or domestic, with a recreational vehicle. Section 27-908. VIOLATIONS. Every person convicted of a violation of any of the provisions of Sections 27-901 through 27-907 shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a period of not more than ninety (90) days, or both, but in either case the costs of prosecution may be added. As an alternative to issuing a criminal citation, the City may issue an administrative citation and impose a civil penalty under Chapter 18 of the City Code for a violation of any provision of Sections 27-901 through 27-907.