HomeMy WebLinkAbout2020-09 FIRST READINGCITY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the 11 day of January, 2021, at 7:00
p.m. or as soon thereafter as the matter may be heard during the regular City Council meeting to
consider an ordinance related to the operation of all -terrain vehicles and snowmobiles in the City.
City Council meetings are being conducted by electronic means under Minnesota Statutes, section
13D.021 and information on how to connect to the meeting is provided on the City's website.
Please notify the City Clerk at 763-569-3306 if there are any questions about how to connect to
the meeting.
ORDINANCE NO.2020-09
AN ORDINANCE AMENDING CHAPTERS 27 AND 19 OF THE CITY CODE
OF ORDINANCES REGARDING THE OPERATION OF SNOWMOBILES, ALL -
TERRAIN VEHICLES, OFF -HIGHWAY MOTORCYCLES AND OTHER
RECREATIONAL VEHICLES WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS
FOLLOWS:
ARTICLE I. Section 27-901 of the Brooklyn Center City Code is hereby amended as follows:
SNOWMOBILES, ALL -TERRAIN VEHICLES. OFF -HIGHWAY
MOTORCYCLES AND OTHER RECREATIONAL VEHICLES
Section 27-901. DEFINITIONS.
For the purposes of this ordinance Sections 27-901 through 27-908, the terms used herein
shall have the following meanings ascribed to them:
Person - includes an individual, partnership, corporation, the state and its agencies and
subdivisions, and any body of persons, whether incorporated or not.
Snowmobile - means 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 ownership in or title
to she a recreational vehicle and entitled to the use or possession thereof.
Operate - means to ride in or on and control the operation of a snowmobile recreational
vehicle.
Operator - means every person who operates or is in actual physical control of a
snowmobile recreational vehicle.
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.
All -Terrain Vehicle or ATV - means a motorized vehicle with (1) not less than three but
not more than six low pressure or non -pneumatic tires: (2) a total dry weight of 2,000
pounds or less: and (3) a total width from outside of tire rim to outside of tire rim that is 65
inches or less. An all -terrain vehicle includes Class 1 all -terrain vehicles and Class 2 all -
terrain vehicles. An all -terrain vehicle does not include a golf cart, mini -truck, dune buggy,
or go-cart, or a vehicle designed and used specifically for lawn maintenance, agriculture,
logging, or mining purposes. All ATV's must be registered with the Minnesota Department
of Natural Resources, unless exempted. ATV's must also be registered with Hennepin
County,
Off -Highway Motorcycle - means a motorized, off -highway vehicle traveling on two
wheels and having a seat or saddle designed to be straddled by the operator and handlebars
for steering -control, including a vehicle that is registered under Minnesota Statutes Chapter
168 for highway use if it is also used for off -highway operation on trails or unimproved
terrain.
Recreational Vehicle - means a self-propelled vehicle, including an ATV, off -highway
motorcycle, snowmobile, motorized golf cart, utility task vehicle, or any other vehicle
designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners, or
a vehicle designed for operation on a paved surface that is not licensed by the Minnesota
Department of Public Safety or equivalent agency in another state for operation on public
roads. A recreational vehicle does not include a mini truck, a wheelchair, or a electronic
personal assistive mobility device, as defined in Minnesota Statutes, section 169.011. This
term is a general reference to all of the types of vehicles regulated under Sections 27-901
through 27-908.
Utility Task Vehicle — means a side -by -side, four-wheel drive, off -road vehicle that has
four wheels, is propelled by an internal combustion engine with a piston displacement
capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less
than 2,600 pounds.
ARTICLE II. Section 27-902 and 27-903 of the Brooklyn Center City Code regarding the
operation of snowmobiles within the City are hereby deleted and replaced with the following:
Section 27-902. UNLAWFUL OPERATION. It shall be unlawful for any person to
operate a recreational vehicle within the limits of the City, unless such operation is within one of
the following exemptions:
1. On public streets or highways in an emergency, but only when travel by automobile
is rendered practically impossible because of the death of snow on streets and
highways. Any such operation may only be on the righthand side of such street or
highway and in the same direction as the regular flow of traffic;
2. On public streets or highways when operated in a parade or other civic function
authorized by the city council or chief of police-
3. On a public street or highway which has been closed by lawful order to vehicular
traffic for the purpose of allowing use by a recreational vehicle,
4. Entirely within an enclosed building when the use of a recreational vehicle is part
of a commercial use authorized under the City's zoning regulations;
5. The operation of recreational vehicles by police, fire, ambulance, or other
emergency services as part of providing services within the City;
6. The operation of recreational vehicles by City public works staff as part of their
official duties:
7. For the immediate loading or unloading of a recreational vehicle onto or from a
trailer or other vehicle:
8. For snow removal by the property owner;
9. The operation of recreational vehicles by a public utility company as part of its
construction or maintenance activities;
10. The operation of a snowmobile for direct access to adjoining public land or public
water on which the operation of snowmobiles is permitted: or
11. The operation of a recreational vehicle on private property between the hours of
9:00 a.m. and 10:00 p.m. with the express consent of the property owner.
All references to the operation of a recreational vehicle within the City under Sections 27-901
through 27-908 are limited to operations occurring under the one of the above exceptions. All
other operations of recreational vehicles within the City including, but not limited to, operations
on private property, streets, or highways, are prohibited and constitute a violation of this City Code.
Section 27-903.OPERATION RESTRICTIONS AND LIMITATIONS. To the extent the
operation of a recreational vehicle is allowed under Section 27-902, it is unlawful for any person
to operate such recreational vehicle:
1. In a careless, reckless, or negligent manner so as to endanger the person or property
of another or to cause injury or damage thereto;
2. In a manner so as to create an unreasonably loud, disturbing, unnecessary, or
unusual noise prohibited under Section 19-1203;
3. For more than five hours out of any continuous six -hour period;
4. While under the influence of intoxicating liquor or narcotics or habit-forming
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5. So as to tow any person or thing on a highway except through the use of rigid to
bar attached to the rear of the snowmobile, all -terrain vehicle, off -highway
motorcycle or recreational vehicle:
6. At a rate of speed greater than reasonable or proper under all the surrounding
circumstances: or
7. If it does not contain all of the equipment required by state law or Section 27-904.
Nothing in this section prohibits a person from bringing a suit against the owner of a recreational
vehicle alleging the operation of the recreational vehicle constitutes a prohibited nuisance.
ARTICLE III. Section 27-904 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-904. EQUIPMENT.
1. To the extent the operation of a snowmobile (recreational vehicle) is allowed under
Section 27-902, it It is unlawful for any person to operate a snowmobile any place
within the limits of the City of Br-oe 4y ror -ef unless it is equipped with the
following:
4-. a. 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. r,r„ e-rs shall ply with Regulation NR5 7
,, hie- , is hereby adopted by re feren No person shall use a muffler cutout,
bypass, straight pipe or similar device on a snowmobile motor, and the
exhaust system shall not emit or produce a sharp popping or crackling
sound. Mufflers shall comply with Minnesota Rules, Part 6100.5700.
fib. Brakes adequate to control the movement of and to stop and hold the
snowmobile under any conditions of operation.
Vic. 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:d. 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
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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 distance of 500 feet to the rear during the
hours of darkness under normal atmospheric conditions. The equipment
shall 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.
Vie. Reflective material at least 16 square inches on each side, forward of the
handlebars so as to reflect or beam light at a 90-degree angle.
2. No recreational vehicle shall be operated within the limits of the City unless it is
equipped with the equipment required by Minnesota Rules. Part 6102.0040.
3. A recreational vehicle may not be modified by any person in any manner that will
amplify or otherwise increase total noise emissions to a level greater than that
emitted by the recreational vehicle as originally constructed, regardless of the date
of manufacture.
ARTICLE IV. Section 27-905 of the Brooklyn Center City Code is hereby deleted and replaced
with the following:
Section 27-905. PROHIBITION ON PERSON IN LAWFUL CONTROL. It shall be
unlawful for anv person who is in lawful control of a recreational vehicle to permit it to be operated
contrary to Sections 27-901 through 27-908.
ARTICLE V. Section 27-906 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-906. LEAVING SNOWMOBILE, ALL -TERRAIN VEHICLE, OFF -
HIGHWAY MOTORCYCLE OR RECREATIONAL VEHICLE UNATTENDED. Every person
leaving a snowmobile recreational vehicle in a public place shall lock the ignition, remove the key,
and take same with him them.
ARTICLE VI. Section 27-907 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-907. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive,
chase, run over or kill any animal, wild or domestic, with a snowmebile recreational vehicle.
ARTICLE VII. Section 27-908 of the Brooklyn Center City Code is hereby amended as follows:
Section 27-908. VIOLATIONS. Every person convicted of a violation of any of the
provisions of this ordinanee Sections 27-901 through 27-907 shall be punished by a fine of not
more than one thousand dollars ($1,000) or by imprisonment for a period of not more than ninety
(90) days, or both, but in either case the costs of prosecution may be added. As an alternative to
issuing a criminal citation, the City may issue an administrative citation and impose a civil
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penalty under Chapter 18 of the City Code for a violation of any provision of Sections 27-901
through 27-907.
ARTICLE VIII. Section 27-909 of the Brooklyn Center City Code is hereby amended by deleting
it as follows:
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ARTICLE IX. Effective Date. This ordinance shall become effective after adoption and upon
thirty days following its legal publication.
ike Elliott, Mayor
City Clerk
First Reading: December 14, 2020
Date of Publication 12 )- 7-
Effective Date
(r*r�ot indicates material to be deleted, double underline indicates new material.)
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