CHAPTER 73: RECREATIONAL VEHICLES
Section
   73.01   Purpose and intent
   73.02   Definition
   73.03   Operation requirements
   73.04   Street crossings
   73.05   Hours of operation
   73.06   Minimum equipment requirements
   73.07   Designation of public areas for use
   73.08   Motorized golf carts
§ 73.01 PURPOSE AND INTENT.
   (A)   (1)   The purpose of this chapter is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the city.
      (2)   This chapter is not intended to allow what the Minnesota Statutes prohibit nor to prohibit what the Minnesota Statutes expressly allow.
   (B)   It is intended to ensure the public safety and prevent a public nuisance.
§ 73.02 DEFINITION.
   For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   RECREATIONAL MOTOR VEHICLE. Any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes including, but not limited to trail bike, off-highway motorcycle, as defined by M.S. § 84.787, Subd. 7, as it may be amended from time to time, or other all-terrain vehicle as defined by M.S. § 84.92, Subd. 8, it may be amended from time to time, motorized go-carts, hovercraft or motor vehicle licensed for highway operation which is being used for off-road recreational purposes.
§ 73.03 OPERATION REQUIREMENTS.
   It is unlawful for any person to operate a recreational motor vehicle:
   (A)   On private property of another without specific written 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, park property, playgrounds, recreation areas and golf courses, except where permitted by this chapter;
   (C)   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;
   (D)   On a public sidewalk or walkway provided or used for pedestrian travel;
   (E)   At a place while under the influence of intoxicating liquor or narcotics or habit-forming drugs;
   (F)   At a rate of speed greater than reasonable or proper under all the surrounding circumstances;
   (G)   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;
   (H)   On any public street, highway or right-of-way unless licensed pursuant to Minnesota law;
   (I)   To intentionally drive, chase, run over or kill any animal, wild or domestic;
   (J)   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; and/or
   (K)   Within 150 yards of any public recreational area or gathering of people. This provision does not apply to the occasional use of recreational motor vehicles on private property for the purpose of loading or unloading it from a trailer or for mechanically checking it.
§ 73.04 STREET CROSSINGS.
   No person under 14 years of age operating the vehicles regulated herein shall make a direct crossing of any street, highway or public right-of-way.
§ 73.05 HOURS OF OPERATION.
   Hours for use are 8:00 a.m. to 10:00 p.m.
§ 73.06 MINIMUM EQUIPMENT REQUIREMENTS.
   (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 1 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 1 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 1/2 hour after sunset and 1/2 hour before sunrise, or at times of reduced visibility.
§ 73.07 DESIGNATION OF PUBLIC AREAS FOR USE.
   (A)   The Council may designate areas for use of recreational motor vehicles by approval of 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 chapter 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 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 chapter.
§ 73.08 MOTORIZED GOLF CARTS.
   (A)   (1)   No person shall operate a motorized golf cart on streets, alleys, sidewalks or other public property without obtaining a permit as provided herein.
      (2)   Every application for a permit shall be made on a form supplied by the city and shall contain the following information:
         (a)   The name and address of the applicant;
         (b)   The nature of the applicant's physical handicap, if any;
         (c)   Model name, make and year and number of the motorized golf cart;
         (d)   Current driver's license or reason for not having a current license; and
         (e)   Other information as the city may require.
      (3)   The annual permit fee shall be as set by Council from time to time.
      (4)   Permits shall be granted for a period of 1 year and may be renewed annually January 1 to December 31.
      (5)   No permit shall be granted or renewed unless the following conditions are met:
         (a)   The applicant must demonstrate that he or she currently holds or has held a valid Minnesota driver's license;
         (b)   The applicant may be required to submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart on the roadways designated;
         (c)   The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes concerning insurance coverage for the golf cart;
         (d)   The applicant has not had his or her driver's license revoked as the result of criminal proceedings.
      (6)   Motorized golf carts are permitted to operate only on city streets, not state or federal highways, except to cross at designated intersections.
      (7)   Motorized golf carts may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.
      (8)   Motorized golf carts shall display the slow-moving vehicle emblem provided for in M.S. § 169.522, as it may be amended from time to time, when operated on designated roadways.
      (9)   Motorized golf carts shall be equipped with a wing-style rear view mirror to provide the driver with adequate vision from behind.
      (10)   The operator of a motorized golf cart may cross any street or highway intersecting a designated roadway.
      (11)   Every person operating a motorized golf cart under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of M.S. Chapter 169, as it may be amended from time to time, except when these provisions cannot reasonably be applied to motorized golf carts and except as otherwise specifically provided in M.S. § 169.045(7), as it may be amended from time to time.
      (12)   The City Council or Police Department may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of this section or M.S. Chapter 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the motorized golf cart on the designated roadways.
      (13)   The number of occupants in the golf cart may not exceed the design occupant load.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DRIVER. The person driving and having physical control over the motorized golf cart and being the licensee.
   MOTORIZED GOLF CART. Any passenger conveyance being driven with 4 wheels with 4 low pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 800 pounds.
(Am. Ord. 138, passed 8-3-2015)