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Ordinance No. 0472 01-18-197146 ; � ORDINANCE PtO. 472 � � _ �, �; , ,, � AN ORDINANCE ADDING CHAPTER 90 TO THE CITY CODE REGULATING THE OPERATIUN OF SNO�+iMOBLLES AND REPEALING ORDINANCE N0. 445 AND ORDINANCE N0. 446 CODED AS SECTIONS 78.34, 78.37, 78_4: AND 88.11 The City Council of the City of Fridley ordains as follows: Section 1. DEFINITIONS. For the purpose of thls Ordinance the terms defined herein sha11 have the following means ascribed to them. Svbdivision Z. "Parson" includes an individual, partnership, corrora- tion, the state and its agencies and subdivisions, and an� body or persons, whether incorporated or not. Subd. 2. "Snowmobile" means a self-propelIed vehic2e designed for traveZ on snow or ice or naturaZ terrain steered by wheels, skis or runrsers. Suhd. 3. "Owner" means a person, other than a Iien holder having the property in or title to snowmobile, entitled to the use or possession thereof. Sabd. 4. "Operate" means to ride in or on and control the operetion of a snowmobile. Subd. 5. "Operator" means every person who operates or is in actuaS physical crontrol of a sr.owr+obile. � ,. � - . � . Subd.�6. "Roadway" means that portion of a highway improved, desi?ned, or � ordanarily used for vehicular travel, including tne shoulder. Svbd. Z. "Street or highway" means the entire width between boundary lines of any way or �olace when any part t:�erecf is open to the use of t_he pub?ic, as a matter of right, for the purposes of vehicu2ar traffic. Subd. 8. "Right of way" means the entire strip of land travers=_3 by a highway or street in which the puDlic owns the fee or an easeme,.t for road- way pvrposes. � � Subd. 9. "Safety or deadman" thrott2e is defined as a device which, wl:en pressure zs removed from the eng'ne accelerator or throttle, causes th� motor to be disengaged from the driving ±rack. Section 2. OPERATION ON STREETS AND HIGHWAYS. Subdivision Z. No cerson sha11 operate a snowmobile upon the roadway, choulder or inside ban;c cr s1�pe of any trunk, county state aid, or county highway zn tnis City and, -in the , case of a divided trunk or county highway, er the righc of way bet:�een tn= opposing Zanes of traffic, except as prov_ded in this Ord_'nance. No person sha12 operate a snowr.iobiZe within tne right of way of any trunk, countu sta*e � ' aid, or coar_ty highr�ay between th� 5ov.rs o� ona-�alf I�our after ssir,se:r to cne- ha2f hour before sunrise, excep*_ en th� =iy^ht han.d side c° such riq2t of � way and in the same directicn a� the higF.caay traffic on *_he near��st 1ar.F� of � . the roadway a3jacent thereto. No s:owr,ebile sha11 Be oper.ar_ed at �ny time within the right of way of any zaterstate nighway or freeway �it:iin this state. �... .._ � !' _f � 47 _ � �I , �� � �_� ��� :� , Svbd. 2. No person shaiZ operate a snowmobile upon the right of way of any mun:.cipal street except for the Zimited parpose of transportzng said snoFr.nobiZe from the place of the owners residence to pzoperty that has been authorized for snowmobile use. The operator of said snowm.obile shaZl proceed from the place of residence to an authorized operator area by z direct route and sha11 conform to a11 provisions of this Ordinance and other applicable laws. Operatio.� in the ditch or on the outsz,�e bank with:r. the right of way of any street or highway except interstate highways or freeways 1s permitted in conformance with state Zaw and City ordinances, tinless the road�ray directSy abvtts a pu'vlic sidewaik or walkway. Between the hovrs of one-haZr hour after sanset to one-Balf hour beiore sunrise, any � operation may only be on the right hand szde of such street or highway . . and in the same direction as the highway traffic on the nearest Iar.e of the roadway adjacent thereto. . " i. ' Subd. 3. A snocma�biZe may nake a direct crossing of a street or higHway except an interstate highway or freeway, provlde�: a. 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 obst_*uction preverts a auick and safe crossing. b. The snowmobile is brought to a complete stop before crossing the shouldez or main traveled way of the highway. c. The driver yields the right of way to aSI oncroming traffic which constitetes an immediate hazard. d. Sn crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another pubZic street or highway. e. If the crossing is made between the hours of one-haIf holr after sunset to one-half hour Before sunrise or in �".7P.CI�i.iC:3S of rzdliCc^(3 ViSiui.ilLy� vi�:J ii tiOtai.ilGrit dI1Q' rear J.ights are on. Serbd, 4. No snowmobiZe sha21 be operated on streets or highways at a speed exceeding 20 miZes per hour. Subd. 5. No sno:amobiZe sha1Z enter ang unmr.trolZed interseccion �oi*hout m3kir..g a cvmplefe stop. The operator �haZI Y.hen yie13 tfle right or way to any vehicZes or pedestrians which constitute an immediate hazard. Subd, 6. Notwithstanding any prohibition in this Ordinance, a snowmo�,ile . rnay be onerated on a public thorovghfare in a.. emergency during the peziod of time when and at Iocations where snow upon the roadway renders traveZ by �utomobile impracticaZ. . � Seation 3. OPERATION GENERALLY. Except as othero-�ise sfwcifically !JBrIDIttP_(I and aathor_+:zed, it is r.r.Iawfu2 for any p�rson to operate a snor:,r.cHiie ���i�nin the Ii.m_ts of the City of Fridley: Scbd. I. On a pubiic sidewalk or wa2kway provided or used for ,r,edestrian traveL l� � ? �� .� f Subd. 2. On private propertg of another without lawfuZ authority or cronsent of the owner or occupant. Subd. 3. On any pablicly owned Iands and fmzen waters, including but not Iimited to school grounds, park property, playgrounds, recreation areas and golf courses, e�cept areas previously listed �r authorized for s¢ch use bu the proper pvblic authority, in which case such use should be IawfuZ and snowmobiles may be driven in and out of svch areas by the shortest rout.e. Authorized areas of the City of FridSey owned�by the City sha11 be designate3 by counciS or acthorized administrative personnel. � . Subd. 4. At any place, while vnder the influence of intoxicating Zi_qaor or narcotics or habit formino drugs. . S¢bd. 5. At a rate of speed greater than reasonab2e or proper under a1Z the surrounding circzunstances. Subd. 6. At any place in a careless, reckless or negligent manner so 3s to endanger the person or property of another or to cause injury or darrr�ge the*eto. Snbd. 7. So as to tow ang person or thing on a pvblic street or highway except through use of a rigid tow bar atiached to the rear of the sno:amobzle. Subd. 8. At a speed greater than ten miles an hovr when with_n I00 feet � of ang lakeshore, nor sha11 oper.ation be aermitted within ZOO feet or` any sliding area or skating rinks, nor where tfie oneration would confli�� with ;he Iawfvl use of property or wou�d endange* otl:er persons or propert�. Subd. 9. In a rr�anner so as to create a Ioud, unnecessary or unusual ncise which disturbs, annogs or interferes with the peace and quiet or other persons. Svbd. I0. During the hovrs :rom I0:00 P.M. to 7:00 A.M. of any day. Section 4. EQUIPMENT. It is Unlawful for any person to opera*_e a snowmobile any place within the Iimits oi the City of Fridlsy unless it is equipped with the following: Subd. I. Standard mvffZers which aze properIy attached and in constant operat_on, and which reduce the noise of operation of the motvr to tt� minimam necessary for operation. Mufflers shaIl comply with Regu7at.ivn CONS.55 which is hereby adopted by reference as i� existed on September I, i970. b'o p2rsonal shaZ1 use a maffler ClitOlit, 3y-pass, straight pipe cr si.mil.ar device on a snowmobile motor, and the exhaust system sha1l not emit or prcdu�e a sharp popping or crackling sound. Subd. 2. Brakes adequate to crontroZ tF.e movement of and to stop and hoZd the snowmobile under any conditions of operation. Subd. 3. A safety or so-called "deadman" tnrot.tle in operatin7 condit_ion, so that when pressure is removed from the accelerator or throt*_Ie, the �� motor is disengaged frem i-he driving tracic. � � � , 49 ; .� ; .; � �,� � 3vbd. 4. At least one clear lamp attached to the front, with sufficient intensity to reveaZ persons and vehicles at a distance of at Ieast I00 feet ahead dur_ng the hours of darkness under normal atzr�ospheric cenditions. Such head lamp shall be so ai�d that glaring rays are not projected into the eyes of an oncoming vehicSe operator. It shaZZ also be eauipped with at least one red taiZ T� 'p having a minimiun candle po: :r of sufficient intensity tc exhibit a red Iight plainly visible from a distance of 500 fee.t to the rear dazinq the hours of darkness undez normal atmospheric conditions. The eqaipment to be in operating condition when the vehicle is operated between the hours of one-haZf liour after sunset to one-half hour before sunrise or at times of redaced visibility. Subd. 5. Reflective material at Ieast Z6 square inches on each side, forward of the handlebars, so as to refZect or beam Iight at a ninety degree angle. 9ubd. 6. A pennent fZag of red or blaze material of a size not Iess than 12" x 32" x 9" at a height rot Iess than 6 feet from ground ZeveL Section 5. APPLICATION OF OTHER Z�1W5. City traffic ordinances shall�apply to che operation of snowmobiles upon streets and highways, and Minnesota Statutes 14F9, Sections 84.8I fo 84.88, and Minnesota Statutes Z969, C?iapter 269 except for those provi=ions relating to required equipment, are hereby adopted by reference, except those provisions wF.ich by their nature have no application. Section 6. PERSONS UNDER Z8. Svbdivision�Z. No person under I4 years of age sha11 operate on streets or highways or make a direct corssing of a street or ::ighway as the operator of a snowmobile. A person I4 years of age or oZder, bvt Zess than I9 years of age, may operate a snowmobiZe on streets or highways as permitted under this Ordinanc� and make a direct crossiny thereof onlg if he has in his immediate �ssession a vaiid snowmobile safety cer`ificate issced by the commissioner of conservation as provided by Minnesota Statvtes 1969, Section 84.86. Svbd. 2. It is vnlawful for the owner of a snowmobiZe to permit the snow- mobile to be operated cnntrary tc the provisions of this sectior.. Section 7. LFAVING SNOWMOBILE UNATTENDED. Everg person leaving a_ snowmobile � in a public place shal2 Iock the ignition, rerrave the key and take the same with him. Section 8. CHASING ANIMAIS FORBIDDEN. It�is�unlawfu2 to intentionally drive, chase, run over or ki2Z any animal, wild or domestic, with a sncwmobile. Section 9. VIOLATIONS. Every person convicted of a violation of any of the pravisions of this Ordinance shall be punished by a fine of not more than Three Hundred Ibl2ars ($300.00) or by imprisonn�ent for a per.iod of not r+ore than nir.ety (9C) days, or both, but in eit'�er case the costs of prosecution may be added. ' � J�'__ S I 6: �o � ,; � � _ �. � Section Z0. SEVERABILITY. Should ang section, svbdivision, cZause or �� ' other provision of this Ordinance be held to be invalid by a court of coznpetent jurisdiction, sach decision shaZZ not affect the validity of �he - �� Ordinance as a suho2e, or of any part thereof, other than the part he2d to be invalid. ' Section SI. EFFECT. This Ordinance shall be published in the FridZey Sun and shaZ2 be effective upon publication. Adopted by the City Coancil for the City of Fridley t1:is 18TH day of JANUARY . Z97I. , � � � � �� - � C� ( ����-- � . . . . , p yor � � . . . . � Attest: . � � . � � _ � Q�^'`^^� ���'� w"" �- ' � . � . Clerk � . Pub2ished in Fridley Sun on February 10 ,2971. ' c .._....�� ..... . ......... t ,__ ' t� �.