HomeMy WebLinkAbout1974-05 12-13-73 AP ORDINANCE NO.—
AN ORDINANCE REGULATING
aiM MOTOR VEHICLES AND OTHER
CONVEYANCES WITHIN THE CITY
OF BROOKLYN CENTER.
City of Brooklyn Center, Minnesota
THE CITY COUNCIL OF THE CITY
OF BROOKLYN CENTER DOES
ORDAIN AS FOLLOWS:
Section 1: Chapter 19 of the City THE BROOKLYN CENTER POST
Ordinances is hereby amended by the (A continuation of the Brooklyn Center Press)
repeal of the following:
(Section 19 -901. DEFINITION. For
the purposes this section, "Motor AFFIDAVIT OF PUBLICATION
vehicle" mea 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.) STATE OF MINNESOTA
(Section 19 -902. ACTS CON- SS.
5TITUTING. Whoever, without the COUNTY OF HENNEPIN
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 (5300) E. C. L'Herault, being duly sworn, on oath says he is and during all The times herein stated has been the President of
Dollars and by imprisonment not to The Post Publishing Co., publisher and printer of the newspaper known as
exceed ninety (90) days.) THE BROOKLYN CENTER POST (A Continuation of The Brook Center Press)
Section 2: Chapter 27 of the City y
Ordinances is hereby amended by the and hasfull knowledgeof thefacts herein stated asfollows:
repeal of the following: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent
(Section 27 -101. HIGHWAY CODE in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each
ADOPTED. The regulatory provisions week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest To The community
Chapter 169 Minnesota Statutes 1961, which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents,
as amended by the laws of 1963, are plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports
hereby adopted as a traffic ordinance to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its
regulating the use of highways, Total circulation currently paid or no more than Three months in arrears and has entry as second -class matter in its
streets, and alleys within the City of local post- office. (5) Said newspaper purports To serve the
Brooklyn Center, and are hereby in-
corporated in and made a part of this CITY OF BROOKLYN CENTER
ordinance as though fully set forth.)
(Section 27 -102. APPLICATION TO in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, established and open
PRIVATE PROPERTY. All during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
provisions of this ordinance applicable maintained by the managing officer of said newspaper or persons in its employ and subject To his direction and control
To pedestrians or the drivers of during all such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each
vehicles or bicycles upon the streets, issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions
highways or sidewalks of the City shall for at least Two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with
apply except where clearly inap- the Secretary of State of Minnesota prior To January 1, 1966 and each January 1 thereafter an affidavit in the form
plicable, to pedestrians and the prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn To before a
drivers of vehicles and bicycles on notary public stating that the newspaper is a legal newspaper.
private roads and driveways of the
City including off - the - street parking
areas in or adjacent to shopping p 7 } < .`.. `...... --
Hefuriher states on oath that the printed ..:._:.�. s:�....,... z,�... :'. �..... .,�.'.:.�..: t.......... .�... . ` ............
centers, parking lots and other
commercial developments. The City
Councilmay from time to time .......................... ............................................................ ...............................
establish the maximum speeds at
which vehicles and bicycles may be
driven in such off- the - street parking hereto attached as a part hereof was cut from The columns of said newspaper, and was printed and published therein in
areas. Such speed limits may vary
from parking area to parking area and
shall be based on the requirements .of the English language, once each week, for/.... successive weeks; That it was first so published on
safety in the parking areas affected.
Each such speed limit shall be f a ! '.•
established in writing, filed with the the., a.... day of.... ............ 19 . . and was thereafter printed and published on every ....... I ............ .
City.Clerk and shall become effective
as an absolute speed limit on being
sign - posted at each entrance to the to and including the.......... day of. ....................... 19 ...... and that the following is a printed copy of the
parking area affected thereby and no
person shall drive a vehicle or bicycle
on such parking area at a speed in lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being The size and kind of type used in
excess thereof.)
(Section - 27 -103. DROVER'S
LICENSE REQUIREMENTS. The composition and publication of said notice, to wit:
((1) No person, except those express-
ly exempted pursuant to state
law, shall operate or drive any abcdefghijklmnopgrstuvwxyz -5 pt. Sans
motor vehicle upon any street or
highway in the City of Brooklyn
Center unless he has a valid
licenses 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 pos-
session of license while driving)
. •.
is hereby adopted by reference .......................................................... ...............................
and shall have the same force
and effect as though fully set
out herein.) Subscribed and sworn to before
(0) Section 171.22 of the Minnesota ^�
Statutes (factitious or altered
drivers licenses prohibited) is me this...,. ::..1..........day of.. ..... ...........r.;A,D., 19/__ :
hereby adopted by reference and
shall have the same force and
effect as though fully set out .....•.. '
herein.) f f
((4) Section 171.24 of the Minnesota <i '
Statutes (driving after suspen- (NOTARIAL SEAL)
sion of revocation) is hereby
adopted by reference and shall
have the same force and effect as Notary Public ............................... County, Minnesota
though fully set out herein.)
( Section 27 -104, LEAVING KEYS IN
IGNITIONS. Every person parking a My Commission Expires ...................... ..19......
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.)
No . ................
Affidavit of Publication
OF
Published is
•# THE BROOKLYN CENTER POST
5617 Corvallis Ave. N.
MINNEAPOLIS, MINNESOTA 55429
DATE OF PUBLICATION
ATTORNEY
i t
FILED
THE BROOKLYN CENTER POST
11
,ti•s
(Section 27 -105. BACKING. No (Section 21 -402. PENALTY. Any
person driving a motor vehicle shall person convicted of violating any of
back said vehicle without ample the provisions of Section 27.401 may be
warning, and while backing, care punishable by a fine of not more than
must be exercised not to injure per Three Hundred ($300) Dollars and by
sons and property. No person shall imprisonment not to exceed (90)
back any vehicle around a corner at an days.)
intersection of streets or highways.) (Section 27 -501. TRAFFIC
(Section27 -106. DRIVING UPON VIOLATIONS BUREAU
PRIVATE PROPERTY AT CDR- AUTHORIZED. The Municipal Court
NERS. No driver of a motor vehicle of the City of Brooklyn Center may by
shall drive such motor vehicle upon or rule adopted in accordance with laws
across the private property of another, 1953, Chapter 527, and acts sup -
including automobile service stations, plementary thereto and amendatory
at a corner formed by the intersection thereof, establish a Traffic Violation
of two streets unless requested or Bureau to assist such Court in
authorized to do so by the owner disposing of violations of traffic laws
thereof. Entering upon the property of or ordinances as provided in such law
an automobile service station for the and court rule. The Traffic Violations
purpose of purchasing gas, oil or for Bureau hereinafter referred to as the
other purposes normally incident to "Bureau" will occupy an office of the
the operation of an automobile service City Hall located at 7100 Osseo Road
station shall be presumed to be North, or such other space as may be
authorized by the owner thereof.) set aside for such purpose by
(Section 27 -107. PENALTY. Any resolution of the Council.)
person convicted of violating any of (Section 27 -502. BUREAU
the provisions of Sections 27 -101 DIRECTOR AND PERSONNEL. The
through 27 -105 may be punished by a Court shall designate the Director of
fine of not more than Three Hundred the Bureau, who may be a municipal
(8300) Dollars and by imprisonment officer or employee, and shall
not to exceed ninety (90) days.) designate the hours when the Bureau
is to be open. The.person,so designated
( Section 27 -201. PARKING ` $ hall perform the `duties of Director of
PROHIBITED. No person shall stop, the Bureau as prescribed by law and
stand or park a vehicle, except when by court rule. He may, subject to the
necessary to avoid conflict with other approval of the Council employ such
traffic or in compliance with the additional help as may be needed to
directions of a police officer or traffic staff the Bureau. The Director of the
control device, on any street within the Bureau and the additional help may be
City of Brooklyn Center where any compensated in such manner as
sign or direction prohibiting such provided by resolution of the Council.)
parking has been posted upon such (Section 27 -503. RECORDS AND
street by authority of the City Council, REPORTS. The Bureau shall keep a
nor shalt any person park a vehicle record of all cases of violation brought
upon any street contrary to the before it, including their final
provisions of any sign or direction disposition, and also a record of
posted thereon by authority of the City collection and disposition of all fines.
Council. All signs and directions The Bureau shall submit summarized
placed or maintained by the Brooklyn monthly reports to the Court and the
Center Police Department shall be City Clerk of all traffic complaints
deemed to be pursuant to authority of processed by the Bureau, of all fines
the City Council unless the City collected by it, and of the final
Council has expressly prohibited the disposition or present status of every
erection of such sign or direction. This case under its jurisdiction. Such
section shall be constructed as sup- records shall be so maintained as to
plementary to Section 27 -101.) show all types Of violations and the
(Section 27 -202. PARKING total of each and shall be public
RESTRICTED. No person in charge of records. Fines and other receipts of
any vehicle shall park or permit such the Bureau shall be disposed of in the
vehicle to stand upon any highway, same manner as similar receipts of
street or alley in the city of Brooklyn the Court not resulting in Bureau
Center for more than four consecutive operations.)
hours between the hours of 12:00 (Section 27 -601. ALLEY SPEED
midnight and 8:00 a.m. nor for more LIMIT. No person shall operate a
than six consecutive hours at any motor vehicle in excess of 15 miles per
time.) hour on any alley within the City of
(Section 27.203. REMOVAL OF Brooklyn Center. All signs indicating
ILLEGALLY PARKED VEHICLES. the said 15 mile an hour limit placed
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 and maintained by the Brooklyn representative is any person 21 years
suitable place for storage until Center Police Department shall be of age or older who is employed at a
claimed by the owner or his agent, and deemed pursuant to the authority of school and is appointed by the school
the owner or other person responsible the City council unless the City principal to supervise the operation of
for such parking of the vehicle shall be Council has expressly prohibited the school stop signs.)
liable for the reasonable cost of such erection of such sign or direction.) (Section 27.702. DESIGNATION OF
towing and storage upon conviction for (Section 27 -602. PENALTY. Any INTERSECTIONS. The following
such illegal parking.) person convicted of a violation of intersections are designated as school
(Section 27- 203.1. PARKING Section 27 -601 may be punishable by a stop intersections and are to be
RESTRICTED TO RESIDENTS. No fine of not more than Three Hundred supervised by an adult representative
person other than a resident or a guest (8300) Dollars and by imprisonment of the school being served.)
of a resident of property abutting not to exceed ninety (90) days.) 1. Beard Avenue at 65th Avenue North
streets or portions of streets (Section 27 -701. DEFINITIO 2 Avenue North at Humboldt
designated "Resident Parking Only" 0. Stop sign - the word s n we
by resolution of the City Council shall refers to a sign octagonial in _.,ape 3. _.,h Avenue North at Bryant
park any vehicle upon streets so which has a red background and Avenue
restricted.) carried the word "Stop" in white 4. Humboldt Avenue at 59th Avenue
(Section 27 -204. PENALTY. Any letters and otherwise conforms to the North
person convicted of a violation of any "manual of uniform traffic control 5. Humboldt Avenue a1 60th Avenue
of the provisions of Sections 27 -201 devices for streets and highways of the North
through 27 -203.1 may be punishable by State of Minnesota. ") 6. Fremont Avenue at 60th Avenue
a fine of not more than Three Hundred (2. School stop sign - a school stop North (4 way)
($300) Dollars and by imprisonment sign is any stop sign as defined in 7. Fremont Avenue at 59th Avenue
not to exceed ninety (90) days.) Section 1 above which controls an North (4 way)
Section 27 -401. OBSTRUCTION OF intersection only during the times (Section 27 -703. HOURS OF
OR DAMAGE TO HIGHWAYS. when the intersection being used as a OPERATION.
Section 160.27 Subdivision 5 of the pedestrian crossing by school (AtI school stop signs shall be placed
Minnesota Statutes, relating to the children.) in operation in accordance with the
obstruction of or damage to highways (3. Adult Representative - An adult following schedule on school days.
is hereby adopted by reference and
shall have the same force and effect as Morning Noon Afternoon
though set out at length herein and Down Up Down Up Down U
wherever the term "Highway" ap- P
pears therein it shall be deemed for 1. Beard Ave. at 65th Ave. 8:00 9:00 11:15 1:30 3:15 4:00
purpose of this Ordinance to include 2 57th at Humboldt Ave. 7:30 8:30 1:00 1:00 2:10 4:00
all public streets within the City of 1 57th at Bryant Ave 730 8:30 11:00 1:00 2:10 4:00
Brooklyn Center.) 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. (4 way) 7:30 8.30 11:00 1:00 2:10 4:00
7. Fremont& 59th Ave. (4 way) 7:30 8.30 11:00 1:00 2:10 4:00)
(Section 27 -704. MAINTENANCE k4a
. streets, alleys, and other lands within
OF SCHOOL STOP SIGNS
the City of Brooklyn Center and are
(School stop signs shall be main- hereby incorporated in and made a
tained and manned in the following part of this ordinance as though fully
manner:) set forth.
(1. The adult representatives Section 27 -103. DRIVER'S LICENSE
designated in Section 27 -702 shall REQUIREMENTS. The regulatory
supervise the operation of the school provisions of Chapter 171, Minnesota towing at the direction of the City
stop signs.) Statutes as amended by Laws of 1973, Police to a suitable place for storage
(2. Members of the school patrol are hereby adopted by reference and until claimed by the owner or his
shall be assigned to each intersection are hereby incorporated in and made a agent, and the owner or other person
protected by school stop signs.) part of this ordinance as though fully responsible for such parking of the
(3. At the first morning hour set forth. vehicle shall be liable for the
designated in Section 27 -703 the adult Section 27 -104. OBSTRUCTION OF reasonable cost of such towing and
representative shall unlock the school OR DAMAGE TO HIGHWAYS,
stop sign and place it in operation.) STREETS, AND ALLEYS. The storage.
(4. The school patrol patrolling each regulatory provisions of Chapter 160, Section 27 -122. UNATTENDED
school stop intersection shall fold the MOTOR VEHICLE. motor vehicle
person driving
school stop sign at the second mcy -lin g Minnesota Statutes, Section as -mended by Laws of 1973, , relating (S) or being in charge off d ting shall permit it to stand unattended
hour designated above, unfold i' _ I I obstruction of or damage to
without first stopping the engine,
first noon hour designated, fold
i lays, is hereby adopted by locking the ignition, removing the key
second noon hour designated, and reference and shall have the same therefrom, and removing the key from
unfold the sign at the first afternoon force and effect as though fully set out the motor vehicle.
hour designated.) herein. The terms of this section shall Section 27 -130. THROWING OF
(5. At 4:00 p.m. the adult apply to all highways, streets, and MISSILES PROHIBITED. No person
representative shall fold and padlock alleys within the City of Brooklyn shall drop or throw any missile or
the school stop sign and it shall remain Center. All violations hereof shall be object at, on, or against any motor
locked until the following school day prosecuted by the City Attorney for the vehicle while such motor vehicle is in
morning and the time designated for City of Brooklyn Center.
placing the sigr in operaV-n.) motion.
Section'; -110 BAf' ;ING A MOTOR Section 27 -131. UNAUTHORIZED
(Section 27 -801. DEFINITIONS. VEHICLE. No person shall back a USE OF LEASED MOTOR
(A. Public Walkway - a public motor vehicle unless and until such VEHICLES.
walkway shall be defined as a paved or movement can be made with 1. A person having executed an
designated passageway designated for reasonable safety, and then only after agreement in writing for the hire or
pedestrian travel upon publCily owned giving a clearly audible warning by use of a motor vehicle who with
real prooperty or real property over sounding the horn if any pedestrian or intent to defraud or deprive the
which the public has an easement or vehicle may be affected by such owner of the use or benefit thereof,
right of ingress and egress.) movement. No person shall back any fails or refuses to return to the place
(B. Vehicle - ny wheeV.,i, tracked motor veh +;Ie into a sheet intersection agreed upon, such vehicle within 72
or sliding conveyance for transporting or highway intersection. hours after written demand for the
people, animals, materials or Section 27 -111. DRIVING ON return thereof is made in the
equipment.) PRIVATE PROPERTY AT COR- manner provided by Subdivision 2 of
C. Motorized Vehicle - any vehicle NERS. No person shall drive a motor this Section is guilty of a
having a self - contained unit for vehicle upon or across the private misdemeanor at the place the
propelling the vehicle by means of property of another, including agreement for rental was made.
converting stored energy. Typical automobile service stations, at a 2, Written demand for the return of
examples would include motor bikes corner formed by the intersection of such vehicle may be served per -
and battery powered Carts.) tv - treets unless requested or sonally in the manner provided for
(Section 27 -802. PROHIBITE _ a zed to do so by the owner service of process in a civil action or
OF PUBLIC WALKWAYS. th- - -.r. Entering upon the property of by certified mail at any time after
(A. The following uses shall be an automobile service station for the the expiration of the time set forth in
prohibited upon the public walkways: purpose of purchasing gas, oil, or for the agreement for the return
1. All motorized vehicles except as other purposes normally incident to thereof. Service by certified mail
provided herein. the operation of an automobile service shall be deemed to be complete upon
2. Riding of bicycles when signs station shall be presumed to be deposit in the United States mail of
stating the prohibition of such ac- authorized by the owner thereof. such demand securely wrapped,
tivity have been posted pursuant to Section 27 -112. DRIVING ON postpaid and addressed to such
an order of the City Council. SIDEWALKS AND ROADSIDE person at the address for such
3 No person shall operate or halt any AREAS. Other than to directly cross person set forth in the written
vehicle upon any walkway for access to abutting property, and agreement for the hire or use
carelessly or heedlessly in other than for authorized maintenance thereof, or in the absence of such
disregard of the rights or the safety purposes, no person shall drive a address to such persons'..tast
of others, or in a manner so as to motor vehicle upon a public sidewalk known place of residence.
endanger, or be likely to endanger, or upon the non- roadway area of any Section 27.132. UNAUTHORIZED
any person or property.) public street rightof -way. TAMPERING AND RIDING
Section 27 -803. PERMITTED USE Section 27 -113. ALLEY SPEED PROHIBITED. No person shall,
OF PUBLIC WALKWAYS. LIMIT. No person shall operate a without permission of the owner or his
(A. The following motorized vehicles motor vehicle or other conveyance in agent, tamper with or enter a motor
shall be permitted on public excess of 15 miles per hour on any vehicle or ride in a motor vehicle
walkways: alley within the City of Brooklyn knowing it was taken as being driven
1. City Maintenance vehicles. Center. by another without the owners's
2. Commercial and non - commercial Section 27.114. UNREASONABLE permission.
maintenance vehicles.) ACCELERATION. No person shall Section 4. This ordinance shall
(Section 27 -804. PENALTY. Any accelerate a motor vehicle so rapidly become effective after adoption and
person violating any of the and abruptly that a tire or tires break upon thirty (30) days following its
requirements of this ordinance shall, traction with the street surface legal publication.
upon conviction, be punishable by a causing a squealing sound or the Adopted this... day of...... 19.....
fine of not more than Three Hundred dislodging of sand, gravel, or other I
(8390,) Dollars and by imprisonment objects by the tires when the peace or Mayor
not to exceed niney (90) days.) , 'safety of any pedestiran, driver, or ATTEST:
(Section 27 -805. EFFECT OF IN- other person is disturbed or Clerk
VALIDITY OF ONE PART. If any threatened thereby. Published in the official newspaper...
section, subsection, sentence, clause Section 27 -120. PARKING Effective Date:
or phrase of this ordinance is for any RESTRICTED AND PROHIBITED. (Brackets indicate matter to be
reason held to be unconstitutional, 1. No person in charge of any vehicle deleted, boldface indicates new
such decision shall not affect the shall park or permit such vehicle to matter)
validity of the remaining portions of stand upon the roadway of any (Published in The Brooklyn Center
this ordinance.) highway or street in the City of Post Dec. 13, 1973.)
Section 3: Chapter 27 of the City Brooklyn Center for more than four
Ordinances is hereby amended by the consecutive hours between the
addition of the following: hours of 12:00 midnight and 8:00
Section 27 -100. APPLICATION. a.m., nor for more than six con -
Except where clearly inapplicable, all secutive hours at any other time. No
provisions of this ordinance shall person in charge of any vehicle shall
apply to the use of motor vehict- and park or permit such vehicle to stand
other conveyances upon the hi( 11, IS i alley in the City of Brooklyn
streets, alleys, sidewalk. ad C at any time.
walkways, parking lots, private roads 2. No person in charge of any vehicle
and driveways, and other private shall park or permit such vehicle to
lands located within the City. stand upon the roadway of any
Section 27 -101.' PENALTY. Unless public highway or street in the City
another penalty is expressly provided of Brooklyn Center or within any
by law, every person convicted of a duly established fire lane contrary
violation of any provision of this or- to posted prohibitions.
dinance shall be punished by a fine of 3. No person in charge of any vehicle
not more than three hundred dollars shall park or permit such vehicle, or
($300) or by imprisonment for not any part thereof, to stand upon a
more than ninety (90) days or both. public sidewalk or upon the non-
Section 27 -102. HIGHWAY roadway area of any public street
REGULATION ACT ADOPTED. The right-of -way.
regulatory provisions of Chapter 169, Section 27 -121. REMOVAL OF
Minnesota Statutes as amended by ILLEGALLY PARKED VEHICLES.
Laws of 1973 are hereby adopted by Any vehicle parked in violation of the
reference as a traffic ordinance ordinances of the City or in violation of
regulating the use of highways, any State law may be removed by