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HomeMy WebLinkAbout1974-05 01-21 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 74 -5 AN ORDINANCE REGULATING MOTOR VEHICLES AND OTHER CONVEYANCES WITHIN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l: Chapter 19 of the City Ordinances is hereby amended by the repeal of the following: [ Section 19 -901. DEFINITION. For the purposes of this section, "Motor vehicle" means any self - propelled device for moving persons or property or pulling implements from one place to another, whether such device is operated on land, rails, water or in the air.] [Section 19 -902. ACTS CONSTITUTING. Whoever, without the permission of the owner, tampers with or gets into or upon a motor vehicle as defined in Section 901 above, or rides in or upon such motor vehicle knowing it was taken and is being driven by another without the permission of the owner, shall be punishable by a fine of not more than Three Hundred ($300) Dollars and by imprison- ment not to exceed ninety (90) days.] • Section 2: Chapter 27 of the City Ordinances is hereby amended by the repeal of the following: [Section 27 -101. HIGHWAY CODE ADOPTED. The regulatory provisions Chapter 169 Minnesota Statutes 1961, as amended by the laws of 1963, are hereby adopted as a traffic ordinance regulating the use of highways, streets, and alleys 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 -102. APPLICATION TO PRIVATE PROPERTY. All provisions of this ordinance applicable to pedestrians or the drivers of vehicles or bicycles upon the streets, highways or sidewalks of the City shall apply except where clearly in- applicable, to pedestrians and the drivers of vehicles and bicycles on private roads and driveways of the City including off - the - street parking areas in or adjacent to shopping centers, parking lots and other commercial developments. The City Council may from time to time establish the maximum speeds at which vehicles and bicycles may be driven in such off - the - street parking areas. Such speed limits may vary from parking area to parking area and shall be based on the requirements of safety in the parking areas affected. Each such speed limit shall be established in writing, filed with the City Clerk and shall become effective as an absolute speed limit on being sign - posted at each entrance to the parking area affected thereby and no person shall drive a vehicle or bicycle on such parking area at a speed in excess • thereof.] [Section 27 -103. DRIVER'S LICENSE REQUIREMENTS. [ (1) No person, except those expressly exempted pursuant to state law, shall operate or drive any motor vehicle upon ORDINANCE NO. 74 -5 any street or highway in the City of Brooklyn Center unless he has a valid license as a driver under the provisions of Minnesota law.] [ (2) Section 171.08 of the Minnesota Statutes as amended by Laws of 1963, Chapter 206 (requiring possession of license while driving) is hereby adopted by reference and shall have the same force and effect as though fully set out herein.] [ (3) Section 171.22 of the Minnesota Statutes (factitious or altered drivers licenses prohibited) is hereby adopted by reference and shall have the same force and effect as though fully set out herein.] [ (4) Section 171.24 of the Minnesota Statutes (driving after suspension or revocation) is hereby adopted by reference and shall have the same force and effect as though fully set out herein.] [Section 27 -104. LEAVING KEYS IN IGNITIONS. Every person parking a motor vehicle on a public street or alley in the City of Brooklyn Center shall lock the ignition, remove the key and take the same with him.] • [Section 27 -105. BACKING. No person driving a motor vehicle shall back said vehicle without ample warning, and while backing, care must be exer- cised not to injure persons and property. No person shall back any vehicle around a corner at an intersection of streets or highways.] [Section 27 -106. DRIVING UPON PRIVATE PROPERTY AT CORNERS. No driver of a motor vehicle shall drive such 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 -107. PENALTY. Any person convicted of violating any of the provisions of Sections 27 -101 through 27 -105 may be punished by a fine of not more than Three Hundred ($300) Dollars and by imprisonment not to exceed ninety (90) days.] [ Section 27 -201. PARKING PROHIBITED. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, on any street within the City of Brooklyn Center where any sign or direction prohibiting such parking has been posted upon such street by authority of the City Council, ORDINANCE NO. 74 -5 • nor shall any person park a vehicle upon any street contrary to the provisions of any sign or direction posted thereon by authority of the City Council. All signs and directions placed or maintained by the Brooklyn Center Police Depart- ment shall be deemed to be pursuant to authority of the City Council unless the City Council has expressly prohibited the erection of such sign or direction. This section shall be constructed as supplementary to Section 27 -101.] [Section 27 -202. PARKING RESTRICTED. No person in charge of any vehicle shall park or permit such vehicle to stand upon any highway, street or alley in the City of Brooklyn Center for more than four consecutive hours between the hours of 12:00 midnight and 8:00 a.m. nor for more than six consecutive hours at any time.] [ Section 27-203. REMOVAL OF ILLEGALLY PARKED VEHICLES. Any vehicle parked in violation of the ordinances of the City or in violation of 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 or 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 upon conviction for such illegal parking.] [Section 27- 203.1. PARKING RESTRICTED TO RESIDENTS. No person other than a resident or a guest of a resident of property abutting streets or portions of streets designated "Resident Parking Only" by resolution of the City Council shall park any vehicle upon streets so restricted.] [Section 27 -204. PENALTY. Any person convicted of a violation of any of the provisions of Sections 27 -201 through 27 -203.1 may be punishable by a fine of not more than Three Hundred ($300) Dollars and by imprisonment not to exceed ninety (90) days.] [ Section 27 -401. OBSTRUCTION OF OR DAMAGE TO HIGHWAYS. Section 160.27 Subdivision 5 of the Minnesota Statutes, relating to the obstruction of or damage to highways is hereby adopted by reference and shall have the same force and effect as though set out at length herein and wherever the term "Highway" appears therein it shall be deemed for purpose of this Ordinance to include all public streets within the City of Brooklyn Center.] [Section 27 -402. PENALTY. Any person convicted of violating any of the provisions of Section 27 -401 may be punishable by a fine of not more than Three Hundred ($300) Dollars any by imprisonment not to exceed ninety (90) days.] ORDINANCE NO. 74 -5 [Section 27 -501. TRAFFIC VIOLATIONS BUREAU AUTHORIZED. The Municipal Court of the City of Brooklyn Center may by rule adopted in accord- ance with laws 1953, Chapter 527, and acts supplementary thereto and amenda- tory thereof, establish a Traffic Violation Bureau to assist such Court in disposing of violations of traffic laws or ordinances as p rovided in such law and court rule. The Traffic Violations Bureau hereinafter referred to as the "Bureau" will occupy an office of the City Hall located at 7100 Osseo Road North, or such other space as may be set aside for such purpose by resolution of the Council.] [Section 27 -502. BUREAU DIRECTOR AND PERSONNEL. The Court shall designate the Director of the Bureau, who may be a municipal officer or employee, and shall designate the hours when the Bureau is to be open. The person so designated shall perform the duties of Director of the Bureau as prescribed by law and by court rule. He may, subject to the approval of the Council employ such additional help as may be needed to staff the Bureau. The Director of the Bureau and the additional help may be compensated in such manner as provided by resolu- tion of the Council.] [Section 27 -503. RECORDS AND REPORTS. The Bureau shall keep a record of all cases of violation brought before it, including their final disposition, and also a record of collection and disposition of all fines. The Bureau shall submit summarized monthly reports to the Court and the City Clerk of all traffic complaints processed by • the Bureau, of all fines collected by it, and of the final disposition or present status of every case under its jurisdiction. Such records shall be so maintained as to show all types of violations and the total of each and shall be public records. Fines and other receipts of the Bureau shall be disposed of in the same manner as similar receipts of the Court not resulting in Bureau operations.] [Section 27 -601. ALLEY SPEED LIMIT. No person shall operate a motor vehicle in excess of 15 miles per hour on any alley within the City of Brooklyn Center. All signs indicating the said 15 mile an hour limit placed and maintained by the Brooklyn Center Police Department shall be deemed pursuant to the authority of the City Council unless the City Council has expressly prohibited the erection of such sign or direction.] [Section 27 -602. PENALTY. Any person convicted of a violation of Section 27 -601 may be punishable by a fine of not more than Three Hundred ($300) Dollars and by imprisonment not to exceed ninety (90) days.] [ Section 27 -701. DEFINITIONS: [ 1 . Stop sign - the word stop sign refers to a sign octagonal in shape which has a red background and carries the word "Stop" in white letters and otherwise conforms to the "manual of uniform traffic control devices for streets • and highways of the State of Minnesota. "] ORDINANCE NO. 74 -5 • [ 2. School stop sign - a school stop sign is any stop sign as defined in Section 1 above which controls an intersection only during the times when the intersection being used as a pedestrian crossing by school children.] 3. Adult Representative n 2 [ - An adult representative is any person 1 years of age or older who is employed at a school and is appointed by the school principal to supervise the operation of school stop signs.] [Section 27 -702. DESIGNATION OF INTERSECTIONS. The following intersections are designated as school stop intersections and are to be super- vised by an adult representative of the school being served.] 1 . Beard Avenue at 65th Avenue North 2. 57th Avenue North at Humboldt Avenue 3. 57th Avenue North at Bryant Avenue 4. Humboldt Avenue at 59th Avenue North 5. Humboldt Avenue at 60th Avenue North 6. Fremont Avenue at 60th Avenue North (4 way) 7. Fremont Avenue at 59th Avenue North (4 way)] [Section 27 -703. HOURS OF OPERATION. • [All school stop signs shall be placed in operation in accordance with the following schedule on school days. Morning Noon Afternoon Down Up Down Up Down UD 1 . Beard Ave. at 65th Ave. 8:00 9:00 11:15 1:30 3 :15 4 :00 2. 57th at Humboldt Ave. 7 :30 8 :30 11:00 1 :00 2 :10 4 :00 3. 57th at Bryant Ave. 7:30 8:30 11:00 1:00 2:10 4:00 4. Humboldt :at 59th Ave. 7 :30 8:30 11:00 1 :00 2 :10 4:00 5. Humboldt at 60th Ave. 7 :30 8 :30 11:00 1:00 2 :10 4:00 6. Fremont & 60th Ave. (4way) 7:30 3:30 11:00 1:00 2:10 4:00 7. Fremont & 59th Ave. (4way) 7:30 8 :30 11:00 1:00 2 :10 4:001 [Section 27 -704. MAINTENANCE OF SCHOOL STOP SIGNS. [ School stop signs shall be maintained and manned in the following manner:] [1. The adult representative designated in Section 27 -702 shall supervise the operation of the school stop signs.] [2. Members of the school patrol shall be assigned to each intersection protected by school stop signs.] • ORDINANCE NO. 74 -5 • [ 3. At the first morning hour designated in Section 27 -703 the adult representative shall unlock the school stop sign and place it in operation.] [ 4. The school patrol patrolling each school stop intersection shall fold the school stop sign at the second morning hour designated above, unfold it at the first noon hour designated, fold at the second noon hour designated, and unfold the sign at the first afternoon hour designated.] [5. At 4 :00 p.m. the adult representative shall fold and padlock the school stop sign and it shall remain locked until the following school day morning and the time designated for placing the sign in operation.] [ Section 27 -801. DEFINITIONS. [A. Public Walkway - a public walkway shall be defined as a paved or designated passageway designed for pedestrian travel upon publicly owned real property or real property over which the public has an easement or right of ingress and egress.] B . Vehicle - an wheeled, [ y tracked or sliding conveyance for transporting people, animals, materials or equipment.] [ C . Motorized Vehicle - an h' - y vehicle Navin a self-contained unit for propelling • g P P g the vehicle by means of converting stored energy. Typical examples would include motor bikes and battery powered carts.] [Section 27 -802. PROHIBITED USE OF PUBLIC WALKWAYS. [A. The following uses shall be prohibited upon the public walkways: 1 . All motorized vehicles except as provided herein. 2. Riding of bicycles when signs stating the prohibition of such activity have been posted pursuant to an order of the City Council. 3. No person shall operate or halt any vehicle upon any walkway carelessly or heedlessly in disregard of the rights or the safety of others, or in a manner so as to endanger, or be likely to endanger, any person or property.] [Section 27 -803. PERMITTED USE OF PUBLIC WALKWAYS. [A. The following motorized vehicles shall be permitted on public walkways: • 1 . City Maintenance vehicles. 2. Commercial and non - commercial maintenance vehicles.] ORDINANCE NO. 74 -5 • [Section 27 -804. PENALTY. Any person violating any of the requirements of this ordinance shall, upon conviction, be punishable by a fine of not more than Three Hundred ($300) Dollars and by imprisonment not to exceed ninety (90) days.] [Section 27 -805. EFFECT OF INVALIDITY OF ONE PART. If any section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.] Section 3: Chapter 27 of the City Ordinances is hereby amended by the addition of the following: 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, parkinq lots, private roads and driveways, and other private lands located with 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 three hundred dollars ($300) or by imprisonment for not more than ninety (90) days or both. Section 27 -102. HIGHWAY REGULATION ACT ADOPTED. The requlatory provisions of Chapter 169, Minnesota Statutes as amended by Laws of 1973 are hereby adopted by reference as a traffic ordinance reaulatina the use of hichways , streets, alleys , and other lands 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 requlatory provisions of Chapter 171, Minnesota Statutes as amended by Laws of 1973, are hereby adopted by reference and are hereby incorporated in and made a part of this ordinance as thouqh fully set forth. Section 27 -104. OBSTRUCTION OF OR DAMAGE TO HIGHWAYS, STREETS, AND ALLEYS. The requlatory provisions of Chapter 160, Minnesota Statutes, Section 160.27 (5) as amended by Laws of 1973 , relating to the obstruction of or damaqe to hiqhways is hereby adopted by reference and shall have the same force and effect as thouqh 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. ORDINANCE NO. 74 -5 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 givinq a clearly audible warning_ by soundinq 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 highwav 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. Enterinq upon the Property of an automobile, service station for the purpose of purchasing qas , 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 shat l drive a motor vehicle upon a public sidewalk or upon the non - roadwav 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. • 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 sauealina sound or the dislodgina of sand, qravel, 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 highwav or street in the City of Brooklyn Center for more than four consecutive hours between the hours of 12 :00 midnight and 8:00 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 an alley in the City of Brooklyn Center at any time. 2. No person in charge of any vehicle shall park or permit such vehicle to stand upon the roadway of any public hiqhwav or street in the City of Brooklyn Center or within any duly established fire lane contrary to posted prohibitions. I ORDINANCE NO. 74 -5 • 3. No person in charae of any vehicle shall park or permit such vehicles, or any part thereof, to stand upon a public sidewalk or upon the non - roadway area of any public street right -of -way. Section 27 -121. REMOVAL OF ILLEGALLY PARKED VEHICLES. Any vehicle parked in violation of the ordinances 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 or his anent , 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 fromthe motor vehicle. Section 27 -130. THROWING' OF MISSILES PROHIBITED. No person shall drop or throw any missile or object at, on, or against any 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 the 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, tamp_ er 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. II.. ORDINANCE NO. 74 -5 • Section 4: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 21st day of Tanuary 1974 . Mayor ATTEST: Clerk Published in the official newspaper December 13, 1973 Effective Date January 21, 1974 [Brackets indicate matter to be deleted, underline indicates new matter]