HomeMy WebLinkAbout1971-02 12-24-70 AP ORDINANCE NO.
ORDINANCE AMENDING
CHAPTER 27 REGARDING THE
REGULATIONS OF THE USE AND ` '
OPERATION OF SNOWMOBILES
City of Brooklyn Center, Minnesota
THE CITY COUNCIL OF THE CITY
OF BROOKLYN CENTER DOES OR-
DAIN AS FOLLOWS: THE BROOKLYN CENTER POST
Section 1; Chapter 27 of the City
Ordinances is hereby amended by the
(A continuation of the Brooklyn Center Press)
repeal of the following:
(Secti 27 -9 01. STATEMENT OF
INTENT. AFFIDAVIT OF PUBLICATION
It is the intent of this ordinance
to supplement Sections 84.81 through
84.89 and Chapter 169, Minnesota
Statutes, with respect to the opera-
tion of motorizied vehicles common STATE OF MINNESOTA
ly called snowmobiles. This ordinance SS,
is not intended to allow what the State COUNTY OF HENNEPIN
Statutues prohibit nor to prohibit what
the State Statutes expressly allow,)
` ion 27 -902- DEFINITIONS.
terms used in this ordinance
shall nave the following meanings: E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been
Person -means an individual, part- the President of The Post Publishing Co., publisher and printer of the newspaper known as
nership, corporation, and any body of THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press)
persons, whether incorporated or not. and has full knowledge of the facts herein stated as follows:
Snowmobile- meansaself- propelled (1) Said newspaper is printed in the English language ill newspaper format and in column and
vehicle designedfor travel on snow sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly
r ice or a natural terrain steered and is distributed at least once each week. (3) Said newspaper has 50 of its news columns devoted to
or wheels, skis to runners, news of local interest to the community which it purports to serve and does not wholly duplicate
any other publication and is not made up entirely of patents, plate matter and advertisements. (4)
Owner -means a person, other than Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500
a lien holder, having the property in copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation
or title to a snowmobile entitled to currently paid or no more than three months in arrears ands has entry as second -class matter in its local
the use or possessio `hereof, post- office. (5) Said newspaper purports to serve the
Operate- r-c -ns _-1 ride in or on City of Brooklyn Center
and control the operation of a snow- in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab-
mobile, lished and open during its regular business hcurs for the gathering of news, sale of advertisements and sale of
Operator -means every person who subscriptions and maintained by the managing officer of said newspaper or persons in its employ anl subject
operates or is in actual physical con- to his direction and control during all such regular hours and at which time said, newspaper is printed.
trol of a snowmobile. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said
Roadway -means that portion of a newspaper has complied with all the foregoing conditions for at least two years preceding the day or
highway or street which is improved, dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of
designed, or re ordinarily which
used for ve Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed
by the Secretary of State and signed by the managing officer of said newspaper and sworn to before
icular travel.) a notary public stating that the newspaper is a legal newspaper.
(Section 27 -903. OPERATIONS.
It is unlawful for any person to
operate a snowmobile or for an owner He further states on oath that the printed. ":: a. ' .? ......... • r'•
r= - ... .
to permit his snowmobile to be op- " " " " " " ""
erated:
(1) on the private property of se- ......... ........... 7.:'::� : s .... ..:............................
other person without first se- •..•......•......•.•.......
curing the permission of the
owner of said property or of hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and
the person entitled to posses-
sion and control of said prop-
erty; published therein in the English language, once each week, for...... successive weeks; that it was
(2) on publicly owned school and ease- first so ublished on...... <..: r. s- ...�.�: �:�:.,- ............... the.. - ... � /
menu including schools, park '
p .... day of::.: ..:.:.. -,
property, playgrounds, and rec-
reational areas under the juris-
diction of the City of Brooklyn 19.. and was thereafter printed and published on every .......................... to and including
Center, except where expressly
permitted and posted t It r o u g h
resolution of the City Council; the .......... day of .......................... 19.... and that the following is a printed copy of the
(3' `• a street boulevard, or any
walk, walkway or land des- lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
ated for such use;)
(4) directly across a City roadway
unless; (a) the operator is 18 kind of type used in the composition and publication of said notice, to wit:
years or more of age; (b) an
o age and l s es s than 18 yea o s abcdefghijklmnopgrstuvwxyz -6 pt. Newstext
f age and l es s than 18 yeas abcdef hi klmnopgrstuvwxyz -7 t Excelsior
of age possesses a valid snow- g � p '
mobile safety certificate issued abcdefghijklmnopgrsiuvwxyz - 7 1 /2 Memphis Bold
by the Minnesota Commissioner
of Conservation: (c)thec'rossing
is made at an angle of approxi-
mately 90 degrees to the direc-
tion of the roadway and at a - '
place where no obstruction pre- ," j ,: £ y + ''
vents a quick and safe crossing;
. ....� .................1........ .. d . e, -{+...
(d) the snowmobile is brought
to a complete stop before cros- Subscribed and sworn to before
sing the roadway; (e) the driver
yields the right -of -way to all -
on- coming traffic which consti- me this..:...:. ......day of.':.': .:.... / ,: • r ...A.D., 19......
.
tutes an immediate hazard;
(5) along a City roadway unless: -
(a)theoperatoriseighteenyears
or more of age; b the operator ......... ....................:..........
who is less than 18 years of /
age and at least 16 years of (NOTARIAL SEAL)
possesses a valid snowmo-
bile safety certificate issued by
the Minnesota Commissioner of Notary Public . ........................County, Minnesota
Conservation; (c) the operator
who is less than 16 }ears of
age and at least 14 years of age My Commission Expires ......... ................19......
possesses a valid snowmobile
safety certificate issued by the
Minnesota Commissioner of
Conservation and he is accom-
panied by a person 16 years or
more of age who possesses such
D
No. ................
Affidavit of Publication
or
Puhlishod is
THE BROOKLYN CENTER POST
5617 Corvallis Ave. N.
MINNEAPOLIS, MINNESOTA 55429
DATE OF PUBLICATION
ATTORNEY
FILED
THE BROOKLYN CENTER POST
11
mobiles may be driven in and out
of such areas by the shortest route. ment, and hereby adovtedby reference,
Authorized areas in the City of Brook- except those provisions which by their
a snowmobile safety certificate Operate - means to ride in or on lyn Center owned by the City shall be nature have no application,
and who is actually occupying and control the operation of a snow- designated by Council resolution. Section 27 -906. PERSONS UNDER 18,
a seat in or on the vehicle; mobile. 4. At any place. while under the in- 1. No person under 14 years of
(d) the snowmobile is brought Operator - means every person fluence of intoxicating liquor or nar- age shall operate on streets or high-
, to a complete stop at each street who operates or is in actual physical cotics or habit forming drugs, ways or make a direct crossing of
- -ection which it encounters; control of a snowmobile. 5. At a rate of speed greater than a street or highway as the operator
snowmobile proceeds Roadway - means that Dortion of a reasonable or proper under all the of a snowmobile. A person 14 years
s the right hand slde of the highway improved designed, or or- surrounding circumstances, of age or older, but less than 18
street in single file, dinarily used for vehicular travel, in- 6. At any place in a careless, reek- Years of age, may operate a snow-
(6) along apublic street while towing eluding the shoulder. less ,r negligent mariner so as to mobile on streets or highways as per -
Street or highway -means the entire endaugei _the person or property of mitted under this Ordinance and make .
a toboggan, sled, or similar width between boundary lines of any anotli �� , r to cause im ur_; o r dama e a direct crossing thereof only if he
device; way or place when any part thereof is ttier( to has in his immediate possession a
(7) within the City limits of the open to the use of the public, as a valid snowmobile safety certificate is
City of Brooklyn Centerbetween matter of right, for the purposes a 7. So as to tow any person or thing sued by the commissioner of conser-
the hours of 11:00 P.M. to 7 vehicular traffic. on a public street or highway except vation as provided by Minnesota
A,M., except that it shall not Section 27 -902. OPERATION ON through use of a rigid tow bar at- Statutes 1969, Section 84.86.
be unlawful to operate a snow- STREETS AND HIGHWAYS, tached to the rear of the snowmo- 2. It is unlawful for the owner of .
mobile until midnight on Friday 1. No Person shall operate a snow- bile. a snowmobile to permit the snowmo-
and-Saturday; mobile upon the roadway shoulder or 8. At a speed greater than ten bile to be operated contrary to the
(8) at a rate of speed greater than inside bank or slope of any tru miles an hour when within 100 feet provisions of this section.
, n
reasonable or proper under all of any Lakeshore, except in channels, Section 27 -907, LEAVING SNOW -
county state aid, o county higo a
surrounding circumstances; in this City and, in the case of a or of fisherman, ice house or skating MOBILE UNATTENDED.
(9) carelessly or heedlessly in dis- divided trunk or count highwa on the rinks, nor shall operation bepermitted Every person leaving snowmo-
regard of the rights or safety right of way between theopposinglanes within 100 feet of any sliding area, bile in a public place shall lock the
of others, or in a manner so of traffic, except as provided in this nor where the operation would con- ignition, remove the key and take the
as to endanger, or be likely to Ordinance, nor shall operation on any flict with the lawful use of property same with him,
endanger, any person or prop - such highway be permitted where the or would endanger other persons or Section 27 -908. CHASING ANIMALS
erty; roadway directly abuts a D who side- Property. - FORBIDDEN.
(10) while under the influence of in- walk or walkway or property used for 9 • In a manner so as to create a
It is unlawful to intentionally drive,
private purposes. No person shall op-
toxicating liquor or narcoticsor loud, unnecessary or unusual noise chase, run over or kill any animal, habit forming drugs; crate a snowmobile within the right of which disturbs, annoys or interferes wild or domestic, with a snowmobile.
(11) without alighted headlight when way of any trunk county state aid with the peace and quiet of other per- Section 27 -909. VIOLATIONS.
required for safety, said head- or county highway between the hours of sons,
light having a minimum candle one -half after sunset to one -half hour 10. During the hours from 11:00 Every person convicted of a viola -
re o sufficient before sunrise, except on the right hand P.M. to 7 :00 A.M. of any day except an of the
e provisions of this
veal
P n vehicles at side of such right of way Ordinance
and in the that it shall not be unlawful to operate punished by a fine
same dir
a distance of at least 100 feet e until ction as the highway traffic
- a snowmobiltil Midnight on Friday or not more than three hundred do) -
ahead during hours of darkness on the .
e lars ($300.00
nearest lane of the roadway and Saturday. ) or by imprisonment for
under normal atmospheric con- adiacent thereto. No snowmobile shall Section 27 -904. EOUIPMENT_ a period of not more than ninety
ditions; be operated at any time within the right It is unlawful for any Person to (90) days, or both, but in either case
(12) without a lighted taillight when of way of any interstate highway or operate a snowmobile any place within the costs of prosecution may be added -
required for safety, said tail- freeway within this state. limits of the City of Brooklyn Center Section 27 -910. SEVERABILTTY .
light being red in color and hay- 2. A snowmobile may make adirect unless it is equipped with the follow- Should any section, subdivision.
ing a minimum candle power of crossing of a street highway ex- m fficient intensity to be plainly wept of interstate highway 1, Standard mufflers which are disance be held to be invalid by acourt
clause or other provision of this 0)
su hway or free- of competent jurisdiction. such deci-
visible from a distance of 500 way, provided: properly attached and in constant oP- J
a, The crossing eration, and which reduce the noise of sion shall not affect the validity of
feet to the rear during hours g is made at an
of darkness under normal at- angle of approximately 90 degrees ty
mo conditions) operation of the motor to the minimum the Ordinance as a whole. or of a
to the direction of the street or high- necessary for operation. Mufflers shall part thereof, other than the Dart held
(13) withhout out a t least 16 square inches way and at a place where no obstruc- comply with Regulation CONS, 55 which to be invalid.
a
tion is hereby adopted by reference as it Section 3: This ordinance shall be-
each side of the snowmobile for-
reflector material mounted on b. The t snowmobile d is f brought o' existe on September 1, 1970, No come effective after adoption and thirty
a coin person shall use a muffler cutout, days following its legal publication.
ward of the handle bars; plete stop before crossing the Adopted this
(14) without brakes adequate to con- shoulder or main traveled way of the by -pass, straight pipe or similar de- day of 19 _
highway, vice on a snowmobile motor, and the Mayor
trop the movement of and to �� exhaust system shall not emit or pro- ATTEST:
stop and to hold the snowmo- w. T7 te ' driver yields the right of Clerk
bile under any conditions of way to all oncoming traffic which duce a sharp popping or crackling
constitutes an immediate hazard sound. (Published in The Brooklyn Center
,
operation; Post Dec. 24, 1970
d. In crossing a divided street or 2. Brakes adequate to control the )
(15) without a safety or so- called
"dead man" throttle in operat- highway, the crossing movement of and to stop and hold the
is made only -- --
ing condition. Such throttle is at an intersection of such street or snowmobile under any conditions of op-
eration.
defined as a device which when highway with another public street or 3. A safety or so- called "dead -
pressure r removed from the highway, man" throttle in operating condition,
accelerator or throttle causes e. If the crossing is made be- so that when pressure is removed from
the motor to disengage from the tween the hours of one -half hour after the accelerator or throttle, the motor
driving track; sunset to one -half hour before sunrise is disengaged from the driving track,
(16) a muffler in good working order or in conditions of reduced visibility, 4. At least one clear lamp attached
which is in constant operation only if both front and rear lights are to the front, with sufficient intensity
to prevent excessive or unusual on, to reveal persons and vehicles at a
noise. Said muffler shall meet 3. No snowmobile shall enter any distance of at least 1 feet ahead
the minimum requirements uncontrolled intersection without mak during the hours of darkness under
established by the Minnesota ing a complete stop. The operator shall normal atmospheric conditions. Such
Commissioner of Conservation.) then yield the right of way to any head lamp shall be so aimed that glar-
(Section 27 -904. PENALTIES. vehicles or pedestrians which consti- ing rays are not projected into the
Any person who shall violate the tute an immediate hazard. eyes of an oncoming vehicle oPera-
provisions of this ordinance shall, 4. Notwithstanding any prohibition tor. It shall also be equipped with at
upon conviction thereof be punished by in this Ordinance, a snowmobile may least one red tail lame having a min-
a fine not to exceed Three Hundred be operated on a public thoroughfare imum candle power of sufficient in-
($300.00) Dollars and imprisonment in an emergency during the period tensity to exhibit a red light plainly
not to exceed ninety (90) days.) of time when and at locations where visible from a distance of 500 feet
Section 2: Chapter 27 of the City snow upon the roadway renders travel vi vi the rear during the hours of dark - to Ordinances is hereby amended by the by automobile impractical, toss under normal atmospheric con -
addition of the following: Section 27 -903. OPERATION GEN- ditions, The equipment to be inoperat-
Section 27 -901. DEFINITIONS. ERALLY. ing condition when the vehicle is
For the purposes of this ordinance, Except as otherwise specifically operated between the hours of one-
the terms used herein shall have the permitted and authorized, it is un- half hour after sunset to one -half
following meanings ascribed to them: lawful for any person to operate a before sunrise or at times of re-
Person - includes an individual, snowmobile within the limits of the duced visibility.
partnership, corporation,_ the state and City of Brooklyn Center:
its agencies and subdivisions, and any 1, On a public sidewalk or walk- 5. Reflective material at least 16
body of persons, whether incorporated way provided or used for edestrian square inches on each side, forward
or not, travel or along a street boulevard. of the handlebars, so as to reflect
Snowmobile - means a self -pro- or beam light at a nine degree
polled vehicle designed for travel on 2 • On private property of another
ninety
without lawful authority or consent angle•
snow or ice or natural terrain steered of the owner or occupant. Section 27 -905. APPLICATION OF
by wheels, skis or runners. 3. On any publicly owned lands and OT L AWS, City traffic ordinances
Owner - means a person, other frozen waters, including but not limited shall apply to the operation of snow-
than a lien holder having the property to school grounds, park property, play- mobiles upon streets and highways,
in or title to snowmobile entitled to grounds, recreation areas and olf and Minnesota Statutes 1969, Sections
the use or possession thereof. courses, except areaspreviouslylisted 84.81 to 84.88, and Minnesota Statutes
or authorized for such use by the 1969, Chapter 196 except for those
proper public authority, in which case Provisions relating to required eouic-
such use should be lawful and snow