It is unlawful for any person to operate a recreational motor vehicle:
(A) On private property without written or oral permission of the owner of the property. (Written permission may be given by a posted notice of any kind or description, so long as it specifies the kind of vehicles allowed that the owner, occupant, or lessee prefers, such as by saying “Recreational Vehicles Allowed”, “Trail Bikes Allowed”, “All-Terrain Vehicles Allowed”, or words substantially similar.)
(B) On publicly owned land, including school, exclusive city streets, park property, playgrounds, and recreation areas except where permitted by this chapter.
(C) On city streets only when the operation is necessary to gain access to designated ATV trails, private property, or to conduct commerce, which by state statutes may be used by ATVs provided that:
(1) The use of any street as means of traveling is in as direct a route as practicable to a destination for the use of an ATV;
(2) The operator uses the most right-hand lane available for traffic or as close as possible to the edge of the roadway except when overtaking and passing another vehicle stopped in that lane or proceeding in the same direction;
(3) The operator does not exceed the posted speed limit;
(4) If on public property, use is allowed only if clearly posted with signs designating the area of specific areas as ATV operating areas or trails.
(D) In a manner so as to create a loud, unnecessary, or unusual noise that disturbs, annoys, or interferes with the peace and quiet of other persons.
(E) On a public sidewalk or walkway provided or used for pedestrian travel.
(F) At a place while under the influence of intoxicating liquor or unlawful controlled substances or unlawful drugs.
(G) At a rate of speed greater than reasonable or proper under all the surrounding circumstances.
(H) At any place in a careless, reckless, or negligent manner so as to endanger or be likely to endanger any person or property or to cause injury or damage thereto.
(I) On any public street, highway, or right-of-way unless registered pursuant to Minnesota law.
(J) To intentionally drive, chase, run over, or kill any animal, wild or domestic.
(K) By halting any recreational motor vehicle carelessly or heedlessly in disregard of the rights or the safety of others or in a manner so as to endanger or be likely to endanger any person or property or in excess of 25 miles per hour on publicly owned lands.
(L) Without headlight and taillight lighted at all times if the vehicle is equipped with headlight and taillight.
(M) Without a functioning stoplight if so equipped.
(N) Without a brake operational by either hand or foot.
(O) Helmet and seat belts required.
(1) A person less than 18 years of age shall not ride as a passenger or as an operator of a recreational vehicle regulated herein on public land, public waters, or on a public road right-of-way unless wearing a safety helmet approved by the commissioner of Public Safety.
(2) A person less than 18 years of age shall not ride as a passenger or as an operator of a vehicle regulated herein without wearing a seat belt when such seat belt has been provided by the manufacturer.
(P) All-terrain vehicles and passengers.
(1) No person under 18 years of age shall operate a Class 1 all-terrain vehicle while carrying a passenger. A person 18 years of age or older may operate a Class 1 all terrain vehicle carrying one passenger. For the purposes of this section a CLASS 1 ALL-TERRAIN VEHICLE means an all-terrain vehicle that has a total dry weight of less than 1,000 pounds.
(2) No person under 18 years of age shall operate a Class 2 all-terrain vehicle while carrying a passenger. A person 18 years of age or older may operate a Class 2 all terrain vehicle while carrying a passenger, or up to the number of passengers for which the vehicle was designed, whichever is greater. For the purposes of this section a CLASS 2 ALL-TERRAIN VEHICLE means an all-terrain vehicle that has a total dry weight of 1,000 to 1,800 pounds.
(Ord. 366, passed 2-18-2014; Ord. 366, passed 9-7-2021) Penalty, see §
71.99