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RECREATIONAL MOTOR VEHICLES
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
(A) No person under 12 years of age operating the vehicles regulated herein shall make a direct crossing of any street, highway, or public right-of-way; or operate a vehicle regulated herein on a public street, highway, or road right-of-way; or operate a vehicle regulated herein on public lands or waters, except that a person at least ten years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a parent or legal guardian.
(B) An all-terrain vehicle may make a direct crossing of a public road right-of-way provided:
(1) The crossing is made at an angle of approximately 90 degrees to the direction of the road 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 of the road.
(3) The driver yields the right-of-way to all oncoming traffic that constitutes an immediate hazard.
(4) In crossing a divided road, the crossing is made only at an intersection of the road with another public road.
(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.
(Ord. 366, passed 2-18-2014; Ord. 366, passed 9-7-2021) Penalty, see §
71.99
(A) Standard mufflers shall be properly attached and in constant operation to reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe, or similar device on a recreational motor vehicle motor. The exhaust system shall not emit or produce a sharp popping or crackling sound.
(B) Brakes shall be adequate to control the movement of and to stop and hold under any conditions of operation.
(C) At least one clear lamp shall be 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. The head lamp shall be so 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 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 required and shall be in operating condition when the vehicle is operated between the hours of one-half hour after sunset and one-half hour before sunrise, or at times of reduced visibility.
(Ord. 366, passed 2-18-2014; Ord. 366, passed 9-7-2021) Penalty, see §
71.99
(A) The Council may designate areas and exclusive city streets and or alleys for use of recreational motor vehicles by approval of a resolution by a majority of the members of the City Council. The areas designated may be changed from time to time by the City Council. Any area designated shall be published in the official newspaper of the city in a conspicuous place after the approval. If an area is changed, the change shall be published in like manner in the official newspaper of the city. An up-to-date map of any designated park areas open for recreational motor vehicle use shall be kept on file in the office of the City Clerk, who shall provide on request a copy of the map together with the applicable rules, regulations, and this ordinance to each person requesting the information from the city.
(B) Unless designated by the City Council as an area for recreational motor vehicles, the use on city park property and city streets shall be unlawful. Further, the use of city parks designated by the City Council shall be in accordance with all of the applicable provisions of this subchapter.
(C) Recreational motor vehicles may be used for the purpose of snow removal, as long as the vehicle is used for removal of snow from driveway, sidewalk, alley or yard.
(D) Recreational motor vehicles may be used on special events; for example, a parade, as long as such use has been approved by the Aitkin Police Chief or Aitkin City Council.
(Ord. 366, passed 2-18-2014; Ord. 366, passed 9-7-2021) Penalty, see §
71.99
It shall be the duty of the City Council by and through the city’s Police Department to enforce the provisions of this subchapter and the City Council may by resolution delegate to such other officers or agencies power to enforce particular provisions of this subchapter.
(Ord. 366, passed 2-18-2014; Ord. 366, passed 9-7-2021)
Any person who shall fail to comply with any order made under the provisions of this chapter, upon conviction thereof shall be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for not more than 90 days, or both.
(Ord. 366, passed 2-18-2014; Ord. 367, passed 2-18-2014; Ord. 366, passed 9-7-2021; Ord. 367, passed 9-27-2021)