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HomeMy WebLinkAbout1970-01 01-01 AP ORDINANCE NO. — AN ORDINANCE REGULATING•. THE USE AND OPERATION OF SNOWMOBILES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF City of Brooklyn Center, Minnesota THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES OR- THE BROOKLYN CENTER POST 'i AS FOLLOWS: _ction 1: Chapter 27 of the City (A continuation of the Brooklyn Center Press) � manes is hereby amended by the addition °` the ` Section 27 -9 AFFIDAVIT OF PUBLICATION 01. STATEMENT OF INTENT. It is the intent of this ordinance to supplement Sections 84.81 through 84.89 and Chapter 169, Minnesota Stat- utes, with respect to the operation of STATE OF MINNESOTA motorized vehicles commonly called SS. snowmobiles. This ordinance is not COUNTY OF HENNEPIN intended to allow what the State Stat- utes prohibit nor to prohibit what the State Statutes expressly allow. Section 27 -902. DEFINITIONS. The terms used in this ordinance E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been shall have the following meanings: the President of The Post Publishing Co., publisher and printer of the newspaper known as erson —means an individual, part- THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press) nership. corporation, and an} body and has full knowledge of the facts herein stated as follows: of persons, whether incorporated or (1) Said newspaper is printed in the English language in newspaper format and in column and not. sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly Snowmobile -means aself- propel- and is distributed at least once each week. (3) Said newspaper has SO% of its news columns devoted to led vehicle designed for travel l- news of local interest to the community which it purports to serve and does not wholly duplicate ice designed a natural terrain any other publication and is not made up entirely of patents, plate matter and advertisements. (4) snow hi Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 steered by wheels, skis or runners. copies regularly delivered to paying subscribers, has an average of at least 75 of its total circulation Owner —means a person, other than currently paid or no more than three months in arrears ands has entry as second -class matter in its local a lien holder, having the property post- office. (5) Said newspaper purports to serve the in or title to a snowmobile entitled Cit of Brooklvn Center to the use or possession thereof. in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- Operate —means to ride in or on lished and open during its regular business hcurs for the gathering of news, sale of advertisements and sale of and control the operation ofa snow- subscriptions and maintained by the managing officer of said newspaper or persons in its employ and! subject mobile. to his direction and control during all such regular hours and at which time said, newspaper is printed. O erator —means every personwho (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said opera es or is in actual physical newspaper has complied with all the foregoing conditions for at least two years preceding the day or control of a snowmobile. dates of publication mentioned below. (S) Said newspaper has filed with the Secretary of State of Roadway —means that Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed portion of a by the Secretary of State and signed by the managing officer of said newspaper and sworn to before highway or street which is im- a notary public stating that the newspaper is a legal newspaper, proved, designed. orordinarily used for vehicular travel. Section 27 -903. OPERATIONS. - - It is unlawful for any person to He further states on oath that the printed .......... : .......... ................ ....... " operate a snowmobile or for an owner to Permit his snowmobile to be op- ,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,; id: :.............................................. :............ ;1) on the private property of an- other person without first se- hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and curing the permission of the owner of said propertyorofthe person entitled to possession published therein in the English language, once each week, for...... successive weeks; that it was and control of said property: (2) on publicly owned land and first so published on ....... ...........:................... the......... day of..':..:.. .'.............. easements including schools, park property, playgrounds, and recreational areas under 19.... and was thereafter printed and published on every .......................... to and including the jurisdiction of the City of Brooklyn Center. except where expressly permitted andposted the.......... day of .......................... 19.... and that the following is a printed copy of the through resolution of the City Council; lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and (3) on a street boulevard, or any sidewalk, walkway or land des - ignated for such use: kind of type used in the composition and publication of said notice, to wit: (4) directly across a City roadway unless: (a) the operator is 18 years or more of age: (b) an ahcde.fghij..lmnopgrstuvwxyz -6 pt. Newstext operator who is 14 years or abedefghijklmnopqrstuvwxyz -7 pt. Excelsior more of age and less than 18 abcdefghijklmnopgrstuvwxyz -7 Memphis Bold years of age possesses a valid snowmobile safeh certificate issued by the Minnesota Com- missioner of Conservation; (c) the crossing ismadeatanangle r of approximately 90 degrees to the direction of the roadway and at a place where no ob- struction prevents a quick and Subscribed and sworn to before safe crossing; (d) the snowmo- bile is brought to a complete stop before crossing the road- me this ......................day of.;,...... ....A.D., 19...... way; (e) the driver yields the right -of -way to all on- coming traffic which constitutes an im- mediatehazard: .....:............................. ............................... Cr,) along a City roadway unless: (a) the operator is eighteen (NOTARIAL SEAL) }"ears or more of age: (b) the operator who is less than 18 }'ears of age and at least 16 Notary Public . ........................County, Minnesota years of age possesses a valid snowmobile safety certificate issued by the Minnesota Com- My Commission Expires ......... ................19...... missioner 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 cer- tificate issued by the Minne- sota Commissioner of Conser- vation and he is accompanied by a person 16 years or more of age who possesses such a c p snowmobile safety certificate and who is actually occupying Section 27 -904. PENALTIES. a seat in or on the vehicle; Any person who shall violate the (d) the snowmobile is brought provisions of this ordinance shall, to a complete stop at each upon conviction thereof be punished by street intersection which it en- a fine not to exceed Three Hundred _ counters: (e) the snowmobile (5300.00) Dollars and imprisonment proceeds along the right hand not to exceed ninety (90) days. side of the street in single Section 2: Adoption. This ordinance file. shall become effective after adoption (6) along a public street while and thirty days following its legal Nr, towing a toboggan, sled, or publication. similar device: Adopted this ^, day of Affidavit of Publication (7) within the City limits of the 1969/ City of Brooklyn Center be- -•- ®g tween the hours of 10 :30 p.m. Mayor to 8 a.m., except that it shall not be unlawful to operate a ATTEST:!_` - -_ snowmobile until midnight on Clerk Friday and Saturday: (8) at a rate of speed greater shed in the Official Newspaper than reasonable or proper under all surrounding circum- stances; Effective date (9) carelessly or heedlessly in dis- regard of the rights or safety (Published in The Brooklyn Center of others, or in a manner so Post January 1. 1970). as to endanger, or be likely to endanger, any person or Published in property: (10) while under the influence of in- THE BROOKLYN CENTER POST toxicating liquor or narcotics or habit forming drugs; 5617 Corvallis Ave. N. (11) without a lighted headlight when MINNEAPOLIS, MINNESOTA 55429 required for safety, said head- light having a minimum candle power of sufficient intensity to reveal persons and vehicles at DATE OF PUBLICATION a distance of at least 100 feet ahead during hours ofdarkness under normal atmospheric con- ditions: (12) without a lighted taillight when required for safety, said tail- light being red in color and hav- ing a minimum candle power ATTORNEY of sufficient intensity to be plainly visible from a distance of :',00 feet to the rear during hours of darkness under nor- , mal atmospheric conditions; without at least 16 square inches of reflector material mounted on each side of the snowmobile forward of the han- dle bars; (14) without brakes adequate to con- FILED trol the movement of and to stop and to hold the snowmo- bile under any conditions of operation; (In) without a safety or so- called "dead man" throttle' in op- erating condition. Such a throt- tle is defined as a device which THE BROOKLYN CENTER POST when pressure is removed from the accelerator or throttle causes the motor to disengage 11 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 minimum requirements estab- lished by the Minnesota Com- missioner of Conservation.