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HomeMy WebLinkAbout1975-05 01-30 AP CITY OF BROOKLYN CENTER ORDINANCE NO. AN ORDINANCE REGULATING THE USE AND OPERATION OF SNOWMOBILES AND'PROVIDING PENALTIES FOR THE VIOLATION THEREOF THE CIITYCOUNCILOF THE CITY ' OF BROOKLYN CENTER DOES ORDAIN As FOLLOWS: BROOKLYN CENTER POST Section 1: Chapter 27 of the City y Ordinances is hereby amended as (A continuation of the Brooklyn Center Press) 4ollows: Section 27 -901. DEFINITIONS. For the purposes of this ordinance, AFFIDAVIT OF PUBLICATION 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 Ipody of persons, whether STATE OF MINNESOTA incorporated or not. SS. Snowmobile —means a self- propelled COUNTY OF HENNEPIN vehicle designed for travel on snow or ice or patural 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 t the use or possession thereof. Operate - -means to ride in or on and E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been the President of control the operation of a The Post Publishing Co., publisher and printer of the newspaper known as snowmobile. BROOKLYN CENTER POST (A Continuation of Brooklyn Center Press) Operator —means every person who y operates or is in actual physical and has full knowledge of the facts herein stated as follows: control of a "snowmobile. (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent Roadway —means that portion of a in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each highway improved, designed, Or week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community ordinarily used for vehicular which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, travel, including the shoulder. plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports Street or highway —means the entire to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its width between boundary lines of total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its any way or place when any part local post- office. (5) Said newspaper purports to serve the thereof is open to the use of the public, as a matter of right, for the CITY OF BROOKLYN CENTER purposes - vehicular Traffic. in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open Section 27- OPERATION ON during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and STREETS AND D HIGHWAYS. maintained by the managing officer of said newspaper or persons in its employ and subject to his direction and control snowmobile upon a municipal street. . No person shall operate a during all such regular hours and at which Time said newspaper is printed. (6) Said newspaper files a copy of each i ' No person shall operate a snowmobile issue immediately with the State Historical Society. (7) Said newspaper has complied with all The foregoing conditions - upon the roadway, shoulder or inside for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with bank or slope of any state trunk, the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form county state aid, or county highway, in prescribed by the Secretary of State and signed by The managing officer of said newspaper and sworn to before a theis City and, in the case of a divided notary public stating that the newspaper is a legal newspaper. state trunk or county highway, on the , right of way between the opposing , lanes of traffic, except as provided in He further states on oath that the print ed : ..................... ......................................... ................. • this ordinance; nor shall operation on any such highway be permitted where theroadway directly abuts a public .......:........ ........ . ........................................................... ............................... sidewalk or property used for private purposes. e ( person shall operate f hereto attached as a art hereof was cut from the columns of said newspaper, and was printed and published therein in snowmobile (within) along the rightof p p p way of any state trunk, county state aid, or county highway between the hours of one -half hour after sunset To the English language,onceeachweek, for...... successive weeks; that it was first so published on .................... .... one -half hour before sunrise, except on ' the right side such right of way and in n the the.......... day of .......... ...........19...... and was thereafter printed and published on every..................... the same direction as the high- way traffic on the nearest lane of the roadway adjacent thereto. snowmobile shall be operated at anny y To and including The........ .day of ........................ 19 ...... and that the following is a printed copy of The time within the right of way of any interstate highway or freeway within lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in this City (state). 2. A snowmobile may make a direct - crossing of a street or highway, except at an interstate highway or freeway, the composition and publication of said notice, to wit: provided: a. The crossing is made at an angle of approximately 90 degrees to the abcdefghijklmnopgrstuvwxyz -5 pt. Sans direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. b. The snowmobile is brought to a complete stop before crossing the - shoulder or main traveled way of the highway. , ,. ct The driver yields the right of way to all oncoming traffic which con. - stitutesan immediate hazard. ....... ......................................... ',......................................... d. In crossing a divided street or highway, the crossing is made only at an intersection of such street or Subscribed and sworn to before highway with another public street or highway. - e. If the crossing is made between me this.,....... . day of .......................A.D., 19...... the hours of one -half hour after . .......... sunset to one -half hour before sunrise or in conditions of reduced ' -� ......�;. `:'::.'':? : ?f - �' � :.:............... ............................... visibility, (only if) both front and rear' lights (are) shall be On. (3. No snowmobile shall enter any (NOTARIAL SEAL) uncontrolled intersection without making a complete stop. The operator shall then yield the right of way to any Notary Public ................ ..............County, Minnesota vehicles or pedestrians which con- stitute an immediate hazard ) 3. (4.) Notwithstanding any My Commission Expires ....... .......................19...... prohibition in this ordinance, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical.. Section 27 -903. UNLAWFUL a snowmobile motor, and me exhausT OPERATION (GENERALLY) system shall not emit or produce a days, or both, but in either case the Except as otherwise specifically t sharp popping or crackling sound.. costs of prosectution may be added. permitted and authorized, it is 2. Brakes adequate to control the r Section 27 -9(10) 09. unlawful for any person to operate a movement of and to stop and hold the SEVERABILITY. snowmobile within the limits of the snowmobile under any conditions of Should any section, subdivision, City of Brooklyn Center: operation. clause or other provision of this or- 1. After having received a visual or 3. A safety or so- called "deadman" dinance be held to be invalid by a court audible signal from any law en- throttle in operating condition, so that of competent jurisdiction, such foremeent officer to come foa stop, to: when pressure is removed from the decision shall not affect the validity of a, operate a snowmobile in willful or accelerator or throttle, the motor is The ordinance as a whole, or of any wanton disregard of such signal, or disengaged from The driving track. part thereof, other than the part held Y b, interfere with or endanger the law a 4. At least one clear lamp attached to be invalid. enforcement officer or any other to the front, with sufficient intensity to f Section 2: This ordinance shall person or vehicle, or - reveal persons and vehicles at a become effective May 1, 1975. c, increase speed or attempt to flee distance of at least 100 feet ahead No. Adopted this -day of 19 or elude the officer. (1.) On a public sidewalk or walk- during the hours is darkness under 2. normal atmospheric conditions. Such Affidavit of Publication ATTEST. Mayor way provided or used for pedestrian head lamp shall be so aimed that Clerk travel or along a street boulevard. glaring rays are not projected into the Published in ' the official 3. (2.) On private property of eyes of an oncoming vehicle operator. OF newspaper . another without lawful authority or it shall also be equipped with at least Effective date consent of the owner or occupant. tone red tail lamp having a minimum t (Brackets indicate matter to be 4. (3.) On any publicly owned lands candle power of sufficient intensity to deleted, boldface indicates new mat - and frozen waters, including but not j exhibit a red light plainly visible from ter. ) limited to school grounds, park a distance of 500 feet to the rear during . (Published in the Brooklyn Center property, playgrounds, recreation I the hours of darkness under normal Post Jan. 30, 1975.) areas and golf courses, except areas ) i atmospheric conditions. The equip - previously listed or authorized for ment (to) shall be in operating con - such use by the proper public ' dition when the vehicle is operated authority. (in which case such use between the hours of one -half hour should be lawful and snowmobiles after sunset to one -half hour before may be driven in and out of such areas i sunrise or at times of reduced by the shortest route.) Authorized visibility. areas in the City of Brooklyn Center 5. Reflective material at least 16 owned by the City shall be designated square inches on each side, forward of Published in by Council resolution. the handlebars. (so as to reflect or 5. (4.) At any place, while under the beam light at a ninety degree angle.) BROOKLYN CENTER POST influence of intoxicating liquor or (Section 27 -905. APPLICATION OF narcotics or habit forming drugs. OTHER LAWS.) 6. (5.) At a rate of speed greater than (City traffic ordinances shall apply 5617 Corvallis Ave. N. reasonable or proper under all the to the operation of snowmobiles upon MINNEAPOLIS, MINNESOTA 55429 surrounding circumstances. 1 streets and highways, and Minnesota 7. (8.) At a speed greater than ten Statutes 1969, Sections 84.81 of 84.88, miles an hour when within 100 feet of and Minnesota Statues 1 %9, Chapter any Lakeshore, except in channels or of 169 except for those provisions relating fishermen, ice houses, or skating to required equipment, are hereby DATE OF PUBLICATION rinks. (nor shall operation be per- adopted by reference, except those mitted within 100 feet of any sliding provisions which by their nature hive area, nor where the operation would no application.) conflict with the lawful use of property Section 27- 90(6)5. PERSONS UN- or would endanger other persons or DER 18 w property.) 1. No person under 14 years of age 8. (6.) At any place in a careless, shall operate on (streets or) highways reckless or negligent manner so as to or make a direct crossing of a street or ATTORNEY endanger the person or property of highway as the operator of a another or to cause injury or damage snowmobile. A person 14 years of age thereto. or older, but less than 18 years of age, 9. (7.) So as to tow any person or may operate a snowmobile on (streets thing on a (public street or) highway or) highways as permitted under this except through use of rigid tow bar ordinance and make a direct crossing attached to the rear of the of streets or highways (thereof) only if snowmobile. 4 he has in his immediate possession a 10. (9.) In a manner so as to createa valid snowmobile safety certificate loud, unnecessary or unusual noise issued by the Commissioner of Natural which disturbs, annoys or interferes Resources (conservation) as provided FILED with the peace and quiet of other 'y Minnesota Statues. (1969, Section persons. r 1.86. ) ll. (10.) During the hours from 11:00 2. It is unlawful for the owner of a p.m. to 7:00 a.m. of any day except snowmobile to permit the snowmobile that it shall not be unlawful to operate to be operated contrary to the a snowmobile until midnight on Friday provisions of this section. and Saturday. r Section 27- 90(7)6. LEAVING Section . EQUIPMENT. SNOWMOBILE UNATTENDED BROOKLYN CENTER POST It is unlawful for_ any person to Every person leaving a snowmobile operate a snowmobile any place within in a public place shall lock the ignition, the limits of the City of Brooklyn remove the key and take same with Center unless it is equipped with the him. following: Section 27 -90(8) 7. CHASING 1 1 1. Standard mufflers which are ANIMALS FORBIDDEN. properly attached and in constant It is unlawful to intentionally drive, operation, and which reduce the noise chase, run over or kill any animal, i + of operation of the motor to the gild or domestic, with a snowmobile. minimum ncessary for operation. Section 27 -90(9) 8. VIOLATIONS. Mufflers shall comply Witt. Every person convicted of a Regulation NR57 (CONS. 55) which is violation of any of the provisions of hereby adopted by reference. (as it this ordinance shall be punished by a existed on September 1, 1970.) No fine of not more than three hundred person shall use a muffler cutout, by- dollars ($300) or by imprisonment for pass, straight pipe or similar device on a period of not more than ninety (90)