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HomeMy WebLinkAbout2020-09 FINAL 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 Cleric 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 ,,,.a;,,, nee 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 pr-opert ownershib in or title to snowmobile 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 snew-mobile 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 poses. 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-hihway 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 depth 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 Citv; 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 drugs; 5. So as to tow any person or thing on a hihway except through the use of rigid tow bar attached to the rear of the snowmobile all -terrain vehicle, off -hi hwav 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. l . 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 Brooklyn GepAef unless it is equipped with the following: Via. 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. Muffiers shall eomply with Regulation NR5 7 whieh ;s hereby adopted by r-eferenee. 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. 2-:b. 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 0 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 fiom 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. -5-:e. 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 any 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 snewmehi-le 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 snewmebile 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 ,,,,a;,,, nee 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 5 penalty under Chanter 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: ARTICLE IX. Section 19-1203 of the Brooklyn Center City Code is hereby amended by as follows: Section 19-1203. RADIOS, DIOS, TAPE AND DISC PLAYERS, ETC; PROHIBITED NOISE NUISANCES. The following are declared to be public nuisances and are prohibited within the City Subdivision 1. No person shall play, use, or operate on public or private property any radio, tape or disc player, musical instrument, phonograph, or other machine or device for the production or amplification of sound in such a manner, considering the time and place and the purpose for which the sound is produced, as to unreasonably disturb the peace, quiet, or repose of a person or persons of ordinary sensibility. Subdivision 2. The play, use, or operation of any radio, tape or disc player, musical instrument, phonograph, or other machine or device for the production or amplification of sound in such a manner as to be plainly audible at a distance of fifty (50) feet fiom said machine or device shall be prima facie evidence of a violation of this section. Subdivision 3. When sound violating this section is produced by a machine or device that is located in or on a vehicle, the vehicle' s owner is not present, the person in charge of the vehicle at the time is guilty of the violation. Subdivision 4. This section shall not apply to sound produced by the following: a. Amplifying equipment used in connection with activities for which permits have been granted; b. Anti -theft devices; and c. Machines or devices for the production of sound on or in authorized emergency vehicles. Subdivision 4. To run or operate a recreational vehicle, as defined in Section 27-901, in a manner so as to create an unreasonably loud, disturbing, unnecessary, or unusual noise which is likely to annoy, disturb, injure or endanger the comfort, repose, health, peace, or safety of a reasonable person of ordinary sensibilities who might be in its vicinity. rei ARTICLE X. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. Adopted this 1 Ph day of January, 2021. Mike Elliott, Mayor ATTEST: 04W'y City Clerk Date of Publication 1-21-2021 Effective Date 2-20-2021 (Strikeo indicates material to be deleted, double underline indicates new material.) fi