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HomeMy WebLinkAbout1096 - ADMIN Ordinance - City Council - 1969/12/29Original ORDINANCE NO. ] n9f AN ORDINANCE RELATING TO SNOWMOBILES, REGULATING THE OPERATION AND USE THEREOF, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND AMENDING ORDINANCE NO. 1046, ENTITLED "AN ORDINANCE RELATING TO SNOWMOBILES, REGULATING THE OPERATION AND USE THEREOF, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF," PASSED NOVEMBER 13, 1968 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Ordinance No. 1046 entitled "An Ordinance Relating To Snowmobiles, Regulating The Operation And Use Thereof, and Providing Penalties For The Violation Thereof, " is hereby amended to read as follows: The operation and use of snowmobiles in the City of St. Louis Park shall be regulated as follows: Section 3:400 Definitions. Subd. 1. For the purpose of this ordinance the terms defined herein shall have the meaning ascribed to them as hereinafter set forth: Subd. 2. "Person" includes an individual, firm, partnership, corporation, trustee, as sociation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not, and with respect to acts prohibited or required herein shall include employees and licensees. Subd. 3. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis or runners. Subd. 4. "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. Subd. 5. "Operate" means to ride in or on and control the operation of a snowmobile. . • Subd. 6. "Operator" means every person who operates or is in actual physcial control of a snowmobile. Subd. 7. "Register" means the act of assigning a registration number to a snowmobile by the Commissioner of Conservation. Subd. 8. "Commissioner" means the commissioner of conservation acting directly or through his authorized agent. Subd. 9. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel. Subd. 10. "Street" or "Highway" shall mean the entire width between the boundary lines of way or place when any part thereof is open to the use of the public in the City of St. Louis Park, as a matter of right, for the purposes of vehicular traffic. Subd. 11. "Daylight" hours shall mean any time except from a half hour after sunset to a half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles at a distance of 500 feet. Section 3:402 County, State and Interstate Highways, Restrictions. 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 the City of St. Louis Park 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. 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 trn.e within the right of way of any interstate highway or freeway within St. Louis Park. -2- Section 3:404 Crossing Streets or Highways. A snowmobile may make a direct cDossing of a street or highway at any hour of the day provided: Subd. 1. The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and Subd. 2. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and Subd. 3. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard; and Subd. 4. In crossing a divided highway, the crossing is made only at an intersection of such high- way with another public street or highway. Subd. 5. 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. Section 3:406. Lamps and Brakes Required. No snowmobile shall be operated upon a public street or highway unless it is equipped with at least one head lamp, one tail lamp, each of minimum candlepower as prescribed by regulations of the commissioner, reflector material of a minimum area of 16 square inches mounted on each side forward of the handle bars, and with brakes each of which shall conform to the requirements of Section 3:414 hereof, each of which shall have the approval of the commissioner. Section 3:403. Emergencies. A snowmobile may be operated upon a public street or highway other than as provided by Section 3:404 in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. Section 3:410. Traffic Laws and Rules Control Operation. All provisions of Chapter 169, Minnesota Statutes regulating traffic and the operation of motor vehicles upon streets or highways shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature can have no application. -3- Section 3:412 Operation Generally. It shall be unlawful for any person to drive or operate any snowmobile in the following unsafe or harassing ways. Subd. 1. At a rate of speed greater than reasonable or proper under all the surrounding circumstances; Subd. 2. In a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto; Subd. 3. While under the influence of intoxicating liquor or narcotics or habit forming drugs; Subd. 4. Without a lighted head and tail light when required for safety; Subd. 5. In any tree nursery or any shrub or tree planting, in a manner which damages or destroys growing stock, or landscaping on private or public property. Section 3:414 Equipment Required. No person shall operate a snowmobile within the right of way limits of a street or highway unless it is equipped with: Subd. 1. Brakes adequate to control the movement of and to stop and to hold such vehicle under any conditions of operation. Subd. 2. At least one headlamp so aimed and of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during hours of darkness under normal atmospheric conditions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming driver. Subd. 3. At least one rear lamp exhibiting a red light plainly visible from a distance of five hundred (500) feet to the rear during hours of darkness under normal atmospheric conditions. -4- Subd. 4. Except as provided in this section, every snowmobile shall be equipped at all times with a muffler in good working order which blends the exhaust noise into the overall snowmobile noise and is in constant operation to prevent excessive or unusual noise. The exhaust system shall not emit or produce a sharp popping or crackling sound. This section does not apply to organized races or similar competitive events held on (1) private lands, with the permission of the owner, lessee, or custodian of the land; (2) public lands and water under the jurisdiction of the commissioner of conservation, with the commissioner's permission; or (3) other public lands, with the donsent of the public agency owning the land. No person shall have for sale, sell, or offer for sale on any new snowmobile any muffler that fails to comply with the specifications required by the rules and regulations of the commissioner after the effective date of the rules and regulations. Subd. 5. A safety or so called "dead man" throttle in operating condition; a safety or "dead man" throttle is defined as a device which, when pressure is removed from the accelerator or throttle, or causes the motor to be disengaged from the driving track. Section 3:416 Unattended Snowmobile on Public Property Prohibited. It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property, streets or highways while the motor is running or with the keys to start same in the ignition switch. Section 3:148 Permission to enter Private Property. No persons while operating a snowmobile shall enter upon the lands of another unless and until permission is obtained from the owner or lessee, if there be one. Sectinn 3:420 Public Lands. No person shall operate a snow- mobile on any publicly owned lands, including but not limited to schools, 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 shall be lawful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas, - 5 - Q in the City of St. Louis Park, owned by the City, shall be designated by council resolution upon recommendation of the City Manager. Section 3:422 Prohibited in Areas Dangerous to Person or Property. No person shall drive a snowmobile within 100 feet of any fisherman, fish house, shelter, pedestrian, skating rink or sliding area, or in any other area where such operation would conflict with use or endanger other persons or property. Section 3:424 Hours of Operation. No person shall operate a snowmobile except during daylight hours, unless the vehicle has the necessary and proper equipment to be operated at night and in no event shall be operated after 10:00 p. rn. nor before 7:00 a.m., provided further that no person shall operate a snowmobile upon city streets and alleys between the hours of one half hour after sunset to one half hour before sunrise. Section 3:428 Youthful Operators. No person under the age of 14 years shall operate a snowmobile within the City of St. Louis Park. No person 14 years of age or older but less than 18 years of age may operate a snowmobile in St. Louis Park without having in his immediate possession a valid certificate issued to him by the commissioner. No owner of a snowmobile shall allow any person to operate such owner's snowmobile contrary to the provisions of this section. Section 3:430 Passengers and Towing. No person shall operate a snowmobile and no person shall ride as a passenger at any time when three or more persons shall be upon such snowmobile provided however snowmobiles shall be allowed to tow. Section 3:432 Registration. No person shall operate a snow- mobile which has not been registered as required by the State of Minnesota Statutes, or without registration numbers so assigned by the Conservation Department securely fixed on each side of the forward half of the snow- mobile in such position as to provide clear legibility for identification. Section 2. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than three hundred dollars or by imprisonment for not to exceed 90 days, or both. -6- Section 3. Effective Date. This ordinance shall take effect fifteen days after its publication. Adopted by the City Con 1 December 29,69. Reviewed f istration: Approved as to form and legality: I a ager -7- City Attorney SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota t County of Hennepin SS. W JOHN BERTRAM, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The St Louis Park Sun and has full knowledge of the facts herein stated as follows• (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50% of its news columns devoted to 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) Said newspaper is circulated m and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to 0 serve the City of St. Louis Park in the County of Hennepin and it has its known office of ue in the City of Bloomington in said county, established and open during its regular business urs for the gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer or persons in its employ and subject to his direction and con- trol during all such regular business hours and devoted exclusively during such regular business hours to the business of the newspaper and business related thereto. (6) Said news- paper files a copy of each issue immediately with the State Historical Society. (7) Said news- paper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has flied with the Secretary of State of Minnesota prior to January 1, 1988 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper 1s a legal newspaper He further states on oath that the printed ordinance hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein m the English language, once each week, for (successive weeks: that it was first so published onThUrSe the 8th day of Janoi4 19 70 and was thereafter printed and published on every to and including the day of 19 and that the following 1s a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to wit• abcdefghi jklmnopgrstuvwxyz abcdefghilklmnopgrstuvwxyz _ s Subscribed and sworn to before me this 8th day of (Notarial Seal) January M�pAo G NE�e noptti oe ^ty 26, lg� 3 N\C tyltc, n ices c °tatY P Gooirots on ExP 1970 , .(Official Publication) ORDINANCE NO 1096 AN ORDINANCE RELATING TO SNOWMO- BItES,:REGULATING THE OPERATION 1 AND LSE THEREOF, AND PROVIDING PENALTIES , FOR . THE VIOLATION THEREOF; AND' AMENDING -ORDINANCE NO ,1046, ENTITLED "AN 'ORDINANCE RELATING TO,,SNOWMOBILES, REGU- LATING THE ;OPERATION AND USE THEREOF, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF," PASSED NOVEJi4BF,,R18, 1968 THE CITY OF ST.. LOUIS PARK DOES OR DAIN } ' Seciion 1' Ordinance No 1046 entitled An Ordinance Relating To Snowmobiles, Regulat- ing The Operation And Use Thereof and Pro- viding Penalties For The Violation Thereof is hereby amended toread as follows The oper ation nd use of snowmobiles in the City of St Loyiis Park shall be regulated as follows Section 3 400 Definitions Subd 1 For the purpose of this ordinance the terms defined herein shall have the mean- ing ascntied'tq them as hereinafter set ' forth" Subd 2 "Person' includes an individual firm partnerthip,corporation trustee associadon: the state and its agencies and ,subdivisions, and any body of persons whether incorporated or not and with re- spect to acts prohibited or required herein shall include employees and licensees Subd 1 Snowmobile means a self-pro- pelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels skis or runners Subd 4 '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 Subd 5 Operate means to ride in or on and control the operation of a snowmobile Subd 6 "Operator means every person who operates ocrs.inactuaLphysicaLcon-I trotof a snowmobile Subd 7 Reggjer„mea yshee act N -as, 1 1 strung a registration number to a dnow- mnbtle by theCammissionee Cons'rva Ron Subd 8 "Commissioner' me the com missioner of conservation acting directly or through his authorized agent Subd 9 Roadway' means that portion of a highway improved designed or ordinarily used for vehicular travel Subd 10 Street or Highwify shallmean the entire width between the boundary lines of way or place when any part there of is open to the use of the public in the City of St Louis Park as a matter of right for the purposes of vehicular traffic Subd 11 ' Daylight hours shall mean any time except from a half hour after sunset to a half hour before sunrise and at any other time when there,is not sufficient light to render clearly discernible persons and vehicles at a distance of 500 feet Section 3 402 County, State and Interstate Highways, Restrictions NO person shallloper- ate a snowmobile upon the roadway shoulder or inside bank or slope of any trunk County state aid or county highway in the Cityiof St Louis Park 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 No person shall operate a snowmobile within the right of way iof ane trunk county state aid or county tyghwav between the hours of one-half hour after sun set to one-half hour before sunrise except on the right hand side of Such right of w59 and in the same direction as the highway Itroffic on the nearest lane of the roadway adjacent iher- the nearest lane of the roadway adjacent thereto No snowmobile shall be gpefa4ed at anv time within the right of way of ahy inter state highway or freeway withip $t Louis Park Section 3 404 Crossing Streets or High ways A snowmobile ma,, make a direQct cross- ing of a street or highway at anv hd6r of the day provided Subd 1 The crossing is made at an angle of approximately 90 degrees to theidirection of the highway and at a place where no obstruction prevents a quick and safe crossing and Subd 2 The snowmobile is brought to a complete stop before crossing the Moulder or main traveled way of the hug w y and Subd 3 The driver yields the right 61 way to all oncoming traffic %Inch conitRutes an immediate hazard and Subd 4 In crossing a dibided higlilvav the crossing is made only at an intellection of such highway with another public street or highway 1 - Subd 5 If the crossing is made between the hours of one half hour after suntet to one half hour before sunrise, or in conditions of reduced visibility only if botb'fronl and rear lights a re on 1 IT, 1 , Section 3 406 La9ips and Brakes Re uired No snowmobile shall be operated upon public street or highway finless this equipped pith at least one head Igmp oner tail lamp .ach of minimum candlepower aniprescribed y regulations of the commissioner, reflector natenal of a minimum area of lddquare inch s mounted on each side forward,�uof the handle ars and with brakes each of width shall con trm to the requirements of Section 3 414 ereof each of s hich rhal hove the approval f the commissioner Section 3 408 Emergencies A snowmobile ay be operated upon a public street or high - 'ay other than as provided by Section 3 404 in n emergency during the pen of time when nd at locations where snow u the roadway ,nders travel by automobile im ractical Section 3 410 Traffic Laws and Rules ontrol Operation All provisions of Chapter 9 Minnesota Statutes regulating traffic and e operation of motor vehicleApon streets or ghways shall apply to the ooppegrration of snow obiles upon streets and high0iAys except for se relating to required equipment anti ex pt those which by their nature can have no plication ' Section 3 412 Operation generally, It shall unlawful for any person tjp drive or operate v snowmobile in the following unsafe or har _sing ways Subd 1 At a rate of speed greater than rea- sonable or proper and r all the surround- ing circumstance; Subd 2 In a careless fecklesstornegligent manner so as to endanger thq person'or property of another or to cause injury or damage thereto 1 `- „1 Subd 3 While under the influence of lntgqxxt eating liquor or narcotics or habit f6t5ning drugs Subd 4 Without a lighted bead and tail light when resutred forjsafety:, ;. Ili, Subd 5 In any tree nur$ery or any st1nth or tree planning in h manner which 'ddrridges or destroys growing stock or lendscaj ng on private or public property Section 3 414 Equipment Required No rson shall operatela snowmobile within the 'ht of way limits of a street or highway un s it is equipped with Subd 1 Brakes adequate to control the movement of and to stop andltb hold such vehicle under pnv conditions q( operation Subd 2 At least one headlamp 30 aimed'and of sufficient (ntensuy to tevealfpersbns and vehicles pt a distance of a lleast one hundred i1001 feet ahead Min-4iobtts of darkness,ugder normal atmospheric' con- ditions Such headlamp shalrbe de alined that glaring rays are not projected intothe eyes of an oncoming driver 2ubd 3 Al least ode rear lamp'exhibiting a red light plainly visible from a distance of five hundred i500i feet to the rear during hours of darkness under normal atmos- pheric conditions ubd 4 Except as provided in this section every snowmobile shall be equipped at all times with a muffler in good wdrking or- der which blends the exhaust noise into the overall snowmobile noise and is in con- stan0operation to prevent excessive or unusual noise The exhaust system shall not emit or produce a sharp popping or crackling sound This section does not ap- ply to organized races or singilar competi- tive everts held on il, private lands with the permission of the owner lessee or custodian of the land i21 public lands and water under the lunsehriion of the com missioner of copse, yahoo with the com missioner s permission or ',3i other pub lic lands with the con,enli of the public agency owning the lano \o person shall have for sale sell or offer for sale on anv new snowmobile anv muffler tat fails to comply with the spercificati ns required b. the rules and regulations of tie commis- sioner after the effective date of the rules and regulations ibd 5 A safety or so called dead man throttle in operating condition' a safety or dead man throttle is defined as a device which when pressure is removed from the accelerator or throttle , or sasuses the motor to be disengaged from the driving track . i Section 410 Unattended Snowmobile on Public Property Prohibited 1l is unlawful for the owner or operator to leaveeor allow a snowmobile to be or remain unattended on public property streets or hikhws14 w hile the motor is running or with the keys to start same in the ignition switch Secuon 3 148 Permission to enter Private Property No persons while operating a mobile shall enter upon the IandS of another unless and until permission istpbtained from the owner or lessee if there be one Section 3 420 Public Lands No person shall operate a snowmobile on any ppblicls owned lands including but not fimtted to schools park property playgrounds recrea tion areas and golf courseh except areas pre- viously listed or authorized for such use by the proper public anthonts in w hich case such use shall be law Ful and snowmobiles ma% be driven in and out of such areas by the shortest route Authorized areas in the City of St Louis Park owned bs the City shall be designated bs council resolution upon recomnlgndation of the City Manager Section 3 422 Prohibited in Areas Danger ous to Person or Property No person shall drive a snowmobile within Ino feet of any fish erman fish house shelter pedestrian skating rink or sliding area or in any other area w here such operation would conflict with use or en danger other persons or property Section 3 424 Hours of Operation No per- son shall operate a snowmobile except during daylight hours unless the vehicle has the nec- essary and proper equipment to be operated at night and in no event shall be operated after 10 00 p m nor before 7 00 a m provided fur ther that no person shall operate a snowmobile upon city streets and alleys bet een the hours of one half hour after sunset t ane'ralf hour before sunrise Section 3 428 Youthful O eters No per son under the age of 14 years hall operate a snowmobile within the City of t Lows Park No person 14 years of age or of er bit less than 18 years of age may, operate snowmobile in St Louis Park without having his immediate possession a valid certificate issued to him by the commissioner No owner 6I a snowmobile shall allow any person to operate such owner s snowmobile contrar. ,o the paoviscons of this section Section 3 430 Passengers and Towing No person shall operate a snownfnbile'and no:per son shall ride as a passengef;St dfinime when three or more persons shall be upon such snowmobile provided however snowmobiles shall be allowed to tow Section 3 432 Registration No person shall operate a snowmobile which has not been reg- istered as required by the State of Minnesota Statutes or without resist uof`gumbe'rs so assigned by the Conservati pkparlme t se- curely fixed on each side of eitohvard If of the snowmobile in such pos on tg to,pr vide clear legibility for ident�ficatyon, �7� Section 2 Penalty An pe on_v1 ling the provisions of this o dituence }}}} 1211 be ilty of a misdemeanor and port cony miens II be punished by a fine o vio(,.mor than hree hundred dollars or by imprisonment for not to exceed 90days orbotfi IC'J111 1,1; Section 3 Effective Date This ordinance shall take effect fifteen dais -Afar CLS publica- tion Adopted bv'the C14v Cogticilfhecember 29 19119 s' LEON k tDJ?,THIEL Attest ' ' f a 13Mayor si EARL E HANSON City Clerk C' Approved f to form and legality H H BURRY City Attorney Reviewed for administration s/ CHRIS CHERCHES City Manager iJan 8, 197tri—SL$ ORDINANCE NO, 1096 entitled: AN ORDINANCE RELATING TO SNOViIIOBTLFS, AND PROVIDING PENALTIES FOR THE VIOLATION THE, EOF, "AN ORDINANCE RELATING TO SNOWIMOBILES, REGULATING PENALTIES FOR THE VIOLATION THEREOF," PASSED NOV. 'rn t,--- uced by Onto 12/15/0,1v0,1 ',t3 12/29/69,2,vcd ,r0 J 1/8/70 Effective Date 1/23/70 Code Reference 4 •1 • REGULATING TBE OPERATION AND USE THEREOF, AND AMENDING ORDINANCE NO 1046, ENTITLED THE 00ERATION AND u5L 'a.a OF, AND PROVIDING 18, 1968 1 File No. Affidavit of Publication ST.L-OUISPARKSUN St. Louis Park, Minnesota In The Matter Of • • r