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HomeMy WebLinkAbout1971-02 01-04 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 71 -2 AN ORDINANCE AMENDING CHAPTER 27 REGARDING THE REGULATIONS OF THE USE AND OPERATION OF SNOWMOBILES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1: Chapter 27 of the City Ordinances is hereby amended by the repeal of the following- (Section 27 -901. STATEMENT OF INTENT. It is the intent of this ordinance to supplement Sections 84.81 through 84.89 and Chapter 169, Minnesota Statutes, with respect to the operation of motorized vehicles commonly called snowmobiles. This ordinance is not intended to allow what the State Statutes prohibit nor to prohibit what the State Statutes expressly allow.) (Section 27 -902. DEFINITIONS. The terms used in this ordinance shall have the following meanings: Person - means an individual, partnership, corporation, and any body of persons, whether incorporated or not. Snowmobile - means a self - propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis or runners. Owner - means a person, other than a lien holder, having the property in or title to a snowmobile entitled to the use or possession thereof. Operate - means 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 or street which is improved, designed, or ordinarily used for vehicular travel.) ( Section 27 -903. OPERATIONS. It is unlawful for any person to operate a snowmobile or for an owner to permit his snowmobile to be operated: (1) on the private property of another person without first securing the permission of the owner of said property or of the person entitled to possession and control of said property; • (2) on publicly owned land and easements including schools, park property, playgrounds, and recreational areas under the jurisdiction of the City of Brooklyn Center, except where expressly permitted and posted through resolution of the City Council; (3) on a street boulevard, or any sidewalk, walkway or land designated for such use;) a- Ordinance No. 71 -2 ( (4) directly across a City roadway unless: (a) the operator is 18 years or more of age; (b) an operator who is 14 years or more of age and less than 18 years of age possesses a valid snowmobile safety • certificate issued by the Minnesota Commissioner of Conservation; (c) the crossing is made at an angle of approximately 90 to the direction of the roadway and at a place where no obstruction prevents a quick and safe crossing; (d) the snowmobile is brought to a complete stop before crossing the roadway; (e) the driver yields the right -of -way to all on- coming traffic which constitutes an immediate hazard; (5) along a City roadway unless: (a) the operator is eighteen years or more of age; (b) the operator who is less than 18 years of age and at least 16 years of age possesses a valid snowmobile safety certificate issued by the Minnesota Commissioner of Conservation; (c) the operator who is less than 16 years of age and at least 14 years of age possesses a valid snowmobile safety certificate issued by the Minnesota Commissioner of Conservation and he is accompanied by a person 16 years or more of age who possesses such a snowmobile safety certificate and who is actually occupying a seat in or on the vehicle; (d) the snowmobile is brought to a complete stop at each street intersection which it encounters; (e) the snowmobile proceeds along the right hand side of the street in single file. (6) along a public street while towing a toboggan, sled, or .similar device; • (7) within the City limits of the City of Brooklyn Center between the hours of 11 :00 P.M. to 7 A.M. , except that it shall not be unlawful to operate a snowmobile until midnight on Friday and Saturday; (8) at a rate of speed greater than reasonable or proper under all surrounding circumstances; (9) carelessly or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger, or be likely to endanger, any person or property; 10 while under the u liquor o or habi t ( ) e e infl ence of intoxicating 1 uo r narcotics g q forming drugs; (11) without a lighted headlight when required for safetyi said headlight having a minimum candle power of sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during hours of darkness under normal atmospheric conditions; (12) without a lighted taillight wh en required for safety, said taillight being red in color and having a minimum candle power of sufficient intensity to be plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions; ) • Ordinance No. 71-2 ( (13) without at least 16 square inches of reflector material mounted on each side of the snowmobile forward of the handle bars; (14) without brakes.'.adequate to control the movement of and to stop and to hold the snowmobile under any conditions of operation; (15) without a safety or so- called "dead man" throttle in operating condition. Such throttle is defined as a device which when pressure is removed from the accelerator or throttle causes the motor to disengage from the driving track; (16) a muffler in good working order which is in constant operation to prevent excessive or unusual noise. Said muffler shall meet the minimum requirements established by the Minnesota Commissioner of Conservation.) ( Section 27 -904. PENALTIES. Any person who shall violate the provisions of this ordinance shall, upon conviction thereof be punished by a fine not to exceed Three Hundred ($300.00) Dollars and imprisonment not to exceed ninety (90) days. ) Section 2: Chapter 27 of the City Ordinances is hereby amended by the addition of the following: Section 27 -901. DEFINITIONS. For th,e.purposes of this ordinance,_ the terms used herein shall have the following meanings ascribed to them: Person - includ a n individual. partnership, corporation, the state and its ag encies a su bdivisions. and anv body of persons, whether incor)or- ated or not. Snowmobi - m ans 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 prop_ erty in or title to snowmobile ent itled to the use or possession thereof. Operate - means 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 the purposes of vehicular traffic. Ordinance No. 71 -2 Section 27 -902. OPERATION ON STREETS AND HIGHWAYS. . 1. No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any trunk, county state aid, or county highway in this City and, in the case of a divided 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 sidewalk or walkway or property used for private purposes. No person shall operate a snowmobile within the right of way of any 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 state. T 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 snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. • c. The driver 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 an 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 on. 3. 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 constitute an immediate hazard. 4. Notwithstanding any 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 venders travel by auto- mobile impractical. Ordinance No. 71 -2 Section 27 -903. OPERATION GENERALLY. Except as otherwise specifically permitted and authorized, it is unlawful . for any person to operate a snowmobile within the limits of the City of Brooklyn Center: 1. On a public sidewalk or walkway ,provided or used for pedestrian travel or along a street boulevard. 2. On private property of another without lawful authority or consent of the owner or occupant. 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 areas 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. 4. At any place, while under the influence of intoxicating liquor or narcotics or habit forming drugs. 5. At a rate of speed greater than reasonable or proper under all the surrounding circum'sta.nces . 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. 7. So as to tow any person or thina on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. 8. At a speed greater than ten miles an hour when within 100 feet of any lakeshore, except in channels, or of fisherman, ice house 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. 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. 10. During the hours frbm 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 Vi th 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 CONS. 55 which is hereby adopted by reference as it existed on September 1, 1970. 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 sound. J Ordinance No. 71 -2 2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. • 3. 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. 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 dis- tance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment to 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. 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 1969, Chapter 169 except for those provisions relating to required equipment, are hereby adopted by • reference, except those provisions which by their nature have no application. Section 27 -906. PERSONS UNDER 18. 1. No person under 14 years of aqe 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 age 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 thereof only if he has in his immediate possession a valid snowmobile safety certificate issued by the commissioner of conservation as provided by Minnesota Statutes 1969, Section 84.86. 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 -907. LEAVIN SNOWM OBIJ.E UNATTENDF., Every person leaving a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. Section 27 -908. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive. chase, run over or kill any animal, wild or domestic, with a snowmobile. Section 27 -909. 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 ($300.00) or by imprisonment for a period of not more than ninety (90) days, or bo th, but in either case the costs of prosecution may be added. v Ordinance No. 71-2 Section 27 -910. SEVERABILITY. Should any section, subdivision, clause or other provision of this Ordinance • be held to be invalid by a court of com petent 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 3: This ordinance shall become effective after adoption and thirty days following its legal publication. Adopted this 4th day of January 1971 Mayor ATTEST:�C --- ✓ Clerk Published in the official newspaper December 24 1970 Effective date Tanuary 23 1971 • (Brackets indicate matter to be deleted and underline indicates new matter)