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Home My WebLink About2.a. Use of Snowmobiles and Recreational Vehicles on Public and Private Property EXECUTIVE SUMMARY City Council Work Session: September 4, 2018 AGENDA ITEM: Use of Snowmobiles and Recreational Vehicles on Public and Private Property AGENDA SECTION: Discussion PREPARED BY: Mitchell Scott, Police Chief AGENDA NO. 2.a. ATTACHMENTS: Use of Snowmobiles and Recreational Vehicles on Public and Private Property Ordinance, Snowmobile Restrictions Map APPROVED BY: LJM RECOMMENDATION: Discussion only BACKGROUND As the City of Rosemount continues to develop; we have received numerous complaints with regards to snowmobiles, ATVs, and UTVs in residential areas. Although the City currently has an ordinance governing snowmobiles; it does not address the issues and the complaints staff is receiving from the residents. Staff has reviewed the current ordinance as well as several other municipalities’ ordinances governing snowmobiles and recreational vehicles on public and private property. Staff has worked with City Attorney Mary Tietjen and City Attorney Dan Fluegel with regards to writing a new city ordinance that staff believes would address the majority of the concerns presented to the staff by the residents. The proposed ordinance is attached for review and staff requests Council feedback at the work session. RECOMMENDATION Discussion only at this time. Chapter 3 USE OF SNOWMOBILES AND RECREATIONAL VEHICLES ON PUBLIC OR PRIVATE PROPERTY 8-3-1: STATE LAW APPLIED, PURPOSE: 8-3-2: DEFINITIONS: 8-3-3: OPERATION RESTRICTIONS: 8-3-4: SNOWMOBILE RESTRICTED MAP: 8-3-5: RULES OF OPERATION: 8-3-6: VEHICLE EQUIPMENT: 8-3-7 PENALTIES: 8-3-1: STATE LAW APPLIED, PURPOSE: The purpose of this Chapter is to provide reasonable regulations for the use of snowmobiles, all- terrain vehicles, utility task vehicles, and recreational vehicles on public and private property in the City. It is intended to protect life, property and to prevent public nuisances. If any provision in this Chapter contradicts the regulations set forth in M.S. Chapters 168 (motor vehicle registration), 169 (motor vehicle operation), 171 (driver license regulations) or 84 (snowmobile and all- terrain vehicle regulations), the state regulations shall control. (Ord. XII.5, 12-28-72) 8-3-2: DEFINITIONS: For the purposes of this Chapter, terms defined herein shall have the meanings ascribed to them as follows: ALL-TERRAIN VEHICLE (ATV): Self- propelled trail bikes, mini bikes, amphibious vehicles and similar devices other than snowmobiles, whether or not eligible to be licensed for use upon streets and highways, used at least partially for travel on natural terrain; this includes class 1 and class 2 ATVs UTILITY TASK VEHICLE or UTV: A 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. NATURAL TERRAIN: Areas other than roadways or driveways (private or public), parking lots and other areas of which the surface has been intentionally modified for motor vehicle operation thereon. OPERATE: To ride in or on and control the operation of a snowmobile, ATV, UTV or recreational vehicle. OPERATOR: Every person who operates or is in actual physical control of a snowmobile, ATV, UTV or recreational vehicle. OWNER: A person, other than a lien holder, having the property in or title to a snowmobile, ATV, UTV or recreational vehicle and entitled to the use or possession thereof PERSON: An individual, partnership, corporation, the State and its agencies and subdivisions, and any body of persons, whether incorporated or not. RECREATIONAL VEHICLE. In addition to snowmobiles, all-terrain vehicles and utility task vehicles, as defined herein, a recreational vehicle is any self-propelled vehicle designed for, used or capable of use for sport, amusement or recreation other than motor homes, pickup campers or the like, whether or not eligible to be licensed for use upon streets and highways, including, but not limited to: motorcycles, motor scooters, dirt bikes, three- and four-wheel trail bikes, go-karts, golf carts, off-the-road four-wheel drive vehicles, hovercraft or dune buggies: but excluding: motor vehicles designed and used for commercial, industrial or agricultural purposes. SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners STREET OR HIGHWAY. The entire width between boundary lines of any way or place open to the use of the public, as a matter of right, for the purposes of vehicular traffic. (Ord. XII.5, 12-28-72) 8-3-3: AREAS OF OPERATION RESTRICTIONS: A. Snowmobile Operation: Except as prohibited in 8-3-3(B), snowmobiles may be operated within the limits of the City. B. Snowmobile Unlawful Operation: It is unlawful for any person to operate a snowmobile within the City limits as follows: 1. Within any restricted area depicted in the Snowmobile Restricted Area Map in Section 8-3-4 of this Chapter. 2. Upon private property of another without specific permission of the owner or person in control of said property. 3. Upon a public sidewalk or walkway provided or used for pedestrian travel or on boulevards. 4. Upon a public bike or walking trail. 5. Upon City park property or public school property. C. ATVs, UTVs and Recreational Vehicles Unlawful Operation: The operation of an ATV, UTV or recreational vehicle, other than a snowmobile, is prohibited in the City, except in the following areas: 1. On trails specifically marked as “ATV trails” or “recreational vehicle trails”; 2. On private property when in possession of written permission of the land owner or tenant having control of the property. Written permission shall contain the name and address of the owner and a telephone number where the owner may be contacted to verify permission. The permission need not be carried when on a marked, approved trail. D. Permitting Unlawful Operation: It is unlawful for the owner of a snowmobile, ATV, UTV, or recreational vehicle to permit the snowmobile, ATV, UTV or vehicle to be operated contrary to the provisions of this Chapter. (Ord. XII.14, 4-4-95) E. This section shall not apply to City agents, employees or police officers acting in their official capacity; or operation of vehicles during events approved by the city. 8-3-4: SNOWMOBILE RESTICTED AREA MAP: 8-3-5: RULES OF OPERATION: The following rules and regulations shall apply to the operation of snowmobiles, ATVs, UTVs, and recreational vehicles, hereafter referred to as “vehicles”, in the permitted areas of operation as set forth herein, and any violation of the rules and regulations is unlawful: A. Hours of operation. Hours for use are 7:00 a.m. through 10:00 p.m. on Sundays through Thursdays. On Fridays, Saturdays and days preceding legal holidays, the hours shall be between 7:00 a.m. and 12:00 midnight. B. Safe operation, speed limit. No person shall operate any vehicle carelessly or heedlessly in disregard of the rights or safety of others or in a manner so as to endanger or be likely to endanger any person or property. No vehicle shall be operated within 300 feet of any residence or building, except when unloading or loading the vehicle on the owner’s property; for snow removal on the owner’s property; or when traveling on a certified snowmobile trail. It shall be unlawful to operate a vehicle: 1. On any street, highway or alley, except to cross; 2. In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons; 3. At a rate of speed greater than reasonable or proper under all existing circumstances, but in any case not exceeding 35 miles per hour; 4. Under the influence of alcohol or a controlled substance; 5. Within 100 feet of any children at play, people who are fishing, pedestrians, skating rink or sliding area where the operation would conflict with use or endanger others, except as hereinbefore specifically authorized; or 6. For the purpose of driving, chasing, running over or killing any animal. C. Crossing of roads. A vehicle may make direct crossings of streets or highways, except freeways, provided: 1. The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing; 2. The vehicle is brought to a complete stop before crossing the shoulder or main traveled way; 3. The driver yields the right-of-way to all oncoming traffic and pedestrians; 4. In crossing a divided street or highway, the crossing is made only at an intersection of the street or highway with another public street or highway; or 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, both front and rear lights are on. D. Age of operator. 1. No person under 18 years of age shall operate a vehicle in violation of M.S. Chapter 84. 2. No owner of any vehicle shall permit its operation in violation of the above age restrictions. E. Loading and unloading areas. The vehicles shall not be loaded or unloaded on public streets or highways, except in those areas specifically designated as parking areas, and trailers or carriers designed to haul the vehicles shall not be parked on public streets or highways, except as otherwise permitted by law. F. State laws adopted by reference. State statutes concerning equipment for snowmobiles, recreational vehicles, UTVs and ATV’s, and the operation thereof, are hereby incorporated into this Chapter by reference as if set out in full herein. (Ord. XII.5, 12-28-1972) 8-3-6: VEHICLE EQUIPMENT: All snowmobiles, ATV’s UTV’s and recreational vehicles operated within the city shall be equipped with: 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. No person shall use a muffler cutout, bypass, straight pipe or similar device on any vehicle and the exhaust system shall not emit or produce a sharp, popping or crackling sound; B. Brakes adequate to control the movement and to stop and hold the vehicle under any conditions of operation; and C. At least one clear lamp, attached to the front of the vehicle, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet during the hours of darkness under normal atmospheric conditions. Headlamps shall be so aimed that glaring rays are not projected into the eyes of an on-coming vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candlepower 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. This equipment shall be operating when the vehicle is operated between the hours of one-half hour before sunset and one-half hour after sunrise or at times of reduced visibility. 8-3-7: PENALTIES: Any violation of the statute adopted by reference in this chapter is a violation of this Chapter when it occurs within the city. Any person thus violating any provision of this Chapter shall be guilty of a misdemeanor and shall be punished as described in title 1, chapter 4 of this code. (Ord. XII.21, 6-15-2004) S ROBERT TR145TH ST E (CSAH 42)AKRON AVE (CR 73)BLAINE AVE (CSAH 71)PKWY140TH ST E TH ST W (CSAH 42)BISCAYNE AVEDODD BLVDCLAYTON AVE (US 52)SHANNONBISCAYNE AVE150TH ST W (CSAH 42) MCANDREWS RD W S ROBERT TRL (STH 3)TRLBACARDI AVEBONAIRE PATH W COURTHOUSE BLVD S (STH 55) COURTHOUSE BLVD (STH 55) EVERMOOR DIAMOND PATH (CR 33)155TH ST W 145TH ST E (CSAH 42) 142ND ST E 145TH ST W RI CH VALLEY BLVDCHIPPENDALE AVE160TH ST W (CSAH 46)150DIAMOND PATH (CSAH 33)CONN T R LBISCAYNE AVEDODD BLVDDO D D 160TH ST EAUTUMN151ST S T W 160TH ST E (CSAH 46) S ROB E RT T RLPKWY AKRON AVEBLAINE AVEPATHBLOO M F IELDPATH B LVDCONNEMARA AUBURNA VE (CSAH 38)(STH 3)TRL (STH 3)AKRON AVE (CR 73)CLAYTON AVE (US 52)US 52 / STH 55160TH ST W (CSAH 46) 140TH ST E S ROBERT(STH 3)MARACON N E145TH ST W TRL 160TH ST W (CSAH 46) E M A R ASHANNONPKWYDODD BLVDE V ERMOORPKWY160TH ST E (CR 48)DODD BLVD125TH CT Snowmobiles Restricted Snowmobile Restricted Area 1 in = 1 mi MXD: T:\Project\Police\SnowmobileRestrictions\SnowmobileRestrictions11x17.mxd PDF: I:\GIS\Map_Library\Police\SnowmobileRestrictions\SnowmobileRestrictions11x17.pdf 8/14/2018