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HomeMy WebLinkAbout1975-05 02-10 CCO CITY OF BROOKLYN CENTER . ORDINANCE NO. 75-5 AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 27 of the City Ordinances is hereby amended as follows: Section 27 -901. DEFINITIONS. For the purposes of this ordinance, 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 person, other than a lien holder having the property in or title to snowmobile entitled to the use or possession thereof. i Operate - meaans to ride in or on and control the operation of a snowmobile. Operator - means every person who operates or is in actual physical control of a snowmobile. 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 of right, for thel purposes of vehicular traffic. Section 27 -902. OPERATION ON STREETS AND HIGHWAYS. 1. No person shall operate a snowmobile upon a municipal street. No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any state trunk, county state aid, or county highway in this City and, in the case of a divided state trunk or county highway, on the right of way between the opposing lanes of traffic, except as provided in this ordinance; nor shall operation on any such highway be permitted where the roadway directly abuts a public I I . Ordinance No. 75-5 sidewalk or property used for private purposes. No person shall operate a snow- mobile [within] along the right of way of any state trunk, county state aid, or county highway between the hours of one -half hour after sunset to one -half hour before sunrise, except on the right hand side of such right of way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right of way of any interstate highway or freeway within this City [state] . 2. A snowmobile may make a direct crossing of a street or highway, except at an interstate highway or freeway, provided: a. The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. b. The isnowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. c. The idriver yields the right of way to all oncoming traffic which constitutes an immediate hazard. • d. In crossing a divided street or highway, the crossing is made only at a'n intersection of such street or highway with another public street or highway. e. If the crossing is made between the hours of one -half hour after sunset to one -half hour before sunrise or in conditions of reduced visibility, [only if] both front and rear lights [are] shall be on. D. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians which constitue an immediate hazard.] 3. [4.] Notwithstanding any prohibition in this ordinance, a snowmobile may be operated on ' public thoroughfare in an emergency during the period of time when and at location where snow upon the roadway renders travel by automobile impractical. Section 27 -903. UNLAWFUL OPERATION [GENERALLY] Except as otherwise specifically permitted and authorized, it is unlawful for any person to operat a snowmobile within the limits of the City of Brooklyn Center: I • Ordinance No. 75 -5 1. After having received a visual or audible signal from any law enforcement officer to come to a stop, to: a. operate a snowmobile in willful or wanton disregard of such signal, or b. interfere with or endanger the law enforcement officer or any other person or vehicle, or c. increase speed or attempt to flee or elude the officer. 2. [1.] On public sidewalk or walkway provided or used for pedestrian travel or along a street boulevard. 3. [2.] On private property of another without lawful authority or consent of the owner or occupant. 4. [3.] On any publicly owned lands and frozen waters, including but not limited to school grounds, park property, playgrounds, recreation areas and golf courses, except areasi previously listed or authorized for such use by the proper • public authority. [in which case such use should be lawful and snowmobiles may be driven in and out of such areas by the shortest route.] Authorized areas in the City of Brooklyn Center owned by the City shall be designated by Council resolution. L. [4.] At any place, while under the influence of intoxicating liquor or narcotics or habit forming drugs. 6. [5.] At a rate of speed greater than reasonable or proper under all the surrounding circumstances. 7. [8.] At a, speed greater than ten miles an hour when within 100 feet of any lakeshore, except in channels, or of fishermen, ice houses, or skating rinks. [nor shall operation be permitted within 100 feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property.] 8. [6.] At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. 9. [7.] So as to tow any person or thing on a [public street or] highway except through use of . °igid tow bar attached to the rear of the snowmobile. • Ordinance No. 75 -5 10. [9.] In 'a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. 11. [10.] During the hours from 11:00 p.m. to 7:00 a.m. of any day except that it shall not be unlawful to operate a snowmobile until midnight on Friday and Saturday. Section 27 -904. EQUIPMENT. It is unlawful for any person to operate a snowmobile any place within the limits of the City of Brooklyn Center unless it is equipped with the following: 1. 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 [CONS. 551 which is hereby adopted by reference. [as it existed on September 1, 1970.1 No person shall use a muffler cutout, by -pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling i sound. 2. Brakes adequate to control the movement of and to stop and hold the • snowmobile under any conditions of operation. 3. A safety: r 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 trac. 4. 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 into 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 hours of darkness under normal atmospheric conditions. The equipment [to] shall be in operating condition when the vehicle is operated between the hours of one -half hour after sunset to one -half hour before sunrise or at times of reduced visibility. 5. Reflective material at least 16 square inches on each side, forward of the handlebars. [so as to reflect or beam light at a ninety degree angle.] I • Ordinance No. 75 -5 [Section 27 -905. APPLICATION OF OTHER LAWS.] [City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, and Minnesota Statutes 1969, Sections 84.81 to 84.88, and Minnesota Statutes 11969, Chapter 169 except for those provisions relating to re- quired equipment, are hereby adopted by reference, except those provisions which by their nature have no application.] Section 27 -90[6] 5. PERSONS UNDER 18 1. No person under 14 years of age shall operate on [streets or] highways or make a direct crossing of a street or highway as the operator of a snowmobile. A person 14 years of iage or older, but less than 18 years of age, may operate a snowmobile on [streets or] highways as permitted under this ordinance and make a direct crossing of streets or highways [thereof] only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources [conservation] as provided by Minnesota Statutes. [1969, Section 84.86.1 2. It is unlawful for the owner of a snowmobile to permit the snowmobile • to be operated contrary to the provisions of this section. Section 27 -90[7] 6. LEAVING SNOWMOBILE UNATTENDED Every person leaving a snowmobile in a public place shall lock the ignition, remove the key and take same with him. Section 27 -90[81 7. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile. Section 27 -90[9] 8. VIOLATIONS. Every person convicted of a violation of any of the provisions of this ordinance shall be punished by a fine of not more than three hundred dollars ($300) 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. • i Ordinance No. 75 -5 • Section 27 -9101 09. SEVERABILITY. Should any section, subdivision, clause or other provision of this ordinance be held to be invalidi by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other than the part held to be invalid. Section 2: This ordinance shall become effective May 1, 1975. Adopted this lPth dash -fir- r r y 19 Date � r _ Mayor ATTEST: - C Jerk Published in the official newspaper January 30, 1975 Effective date March 1, 1975 • (Brackets indicate matter to be deleted, underline indicates new matter.) •