A. Applicability: This section applies to the operation of snowmobiles and all-terrain vehicles on public lands and waters, on private property within the jurisdiction of the city and on public rights of way within the boundaries of the city.
B. Definitions: For the purposes of this section, the following definitions are applicable:
ALL-TERRAIN VEHICLE OR ATV: A motorized flotation- tired vehicle of not less than three (3) low pressure tires, but not more than six (6) tires, that is limited in engine displacement of less than eight hundred (800) cubic centimeters and includes a class 1 all-terrain vehicle and a class 2 all-terrain vehicle.
CLASS 1 ATV: An ATV that has a total dry weight of less than nine hundred (900) pounds.
CLASS 2 ATV: An ATV that has a total dry weight of nine hundred (900) to one thousand five hundred (1,500) pounds.
PRIVATE PROPERTY: All lands other than public property.
PUBLIC PROPERTY: Lands owned by or controlled under easement to the United States, the state or any political subdivision thereof.
Or, the words, combination of words, terms or phrases used in this section and defined in Minnesota state statutes sections 84.82 and 84.92, shall have the meanings given them by those sections.
C. Adoption Of State Law By Reference: The provisions of Minnesota state statutes sections 84.82 through 84.929 are hereby adopted and made a part of this section as if set out in full. Said sections define terms used in this section, require registration and licensing, restrict operation upon state and county highways, regulate necessary equipment and provide penalties for violations therefor.
D. Operation On State And County Highways:
1. Snowmobiles are not permitted upon the roadway, shoulder or inside bank or slope of any state or county highway.
2. All-terrain vehicles, depending on their class and use, may be operated on the extreme right hand side of county and state highways, but shall be limited as set forth in Minnesota statutes section 84.928.
E. Crossing Public Rights Of Way: Snowmobiles and all-terrain vehicles may cross state, county and city highways and streets as long as:
1. The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the public right of way and at a place where no obstruction prevents a quick and safe crossing; and
2. The snowmobile or all-terrain vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and
3. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard; and
4. In crossing a divided highway, the crossing is made only at an intersection of such highway with another public street or highway; and
5. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
F. Operation On City Rights Of Way:
1. No Snowmobile Zone: This zone would prohibit the operation of snowmobiles on city rights of way. The city council, may, from time to time, adopt an official map defining the boundaries of the no snowmobile zone. As of this time the city of Baxter has not adopted a no snowmobile zone.
2. No All-Terrain Vehicles Zone: This zone would prohibit the operation of all-terrain vehicles on city rights of way. The city council, may, from time to time, adopt an official map defining the boundaries of the no all-terrain vehicle zone.
3. Operation Of Snowmobiles And All-Terrain Vehicles On All Other Public Rights Of Way: Except for the provisions of subsection C of this section, one may operate a snowmobile or all-terrain vehicle:
a. In the ditch bottom or outside slope of County Road 48 and State Highways 371 and 210.
b. Upon the improved surface area of any city street for the purpose of taking the most direct route to or from the owner's or operator's residence to the nearest designated trail system or other permitted use area.
G. Operation Of Snowmobiles Or All-Terrain Vehicles On State, County Or City Trails: One may operate a snowmobile or all-terrain vehicle on city, county or state trails accessed from established trailheads or other points where access is permitted as long as said trail is specifically marked authorizing the use of snowmobiles or all-terrain vehicles.
H. Operation Of Snowmobiles Or All-Terrain Vehicles On Private Property: One may operate a snowmobile or all-terrain vehicle on private property as long as one has written permission from the owner. Operation on private property must not be in a repetitive, continuous nature.
I. Miscellaneous Rules Regarding Operation Of Snowmobiles And All-Terrain Vehicles: It is unlawful to operate a snowmobile or all-terrain vehicle within the city:
1. On public lands, including, but not limited to: public parks, playgrounds, city trail systems, sidewalks, paths, scenic and historic sites, schools, and other public buildings and structures;
2. Upon private property without the written permission of the owner or person entitled to possession thereof;
3. During the hours between twelve o'clock (12:00) midnight and seven o'clock (7:00) A.M. of the day next following Sunday through Thursday, and the hours between two o'clock (2:00) A.M. and seven o'clock (7:00) A.M. of the day next following, Friday and Saturday;
4. At a rate of speed greater than reasonable or proper under all of the surrounding circumstances or in any instance in excess of twenty (20) miles per hour upon a public street;
5. At a speed greater than ten (10) miles per hour when within one hundred feet (100') of any lakeshore except in channels or when within one hundred feet (100') of a fisherman, icehouse, skating rink or sliding area, or where the operation would conflict with the lawful use of property or would endanger other persons or property;
6. At any place while under the influence of intoxicating liquor, narcotics or habit forming drugs;
7. At any place in a careless, reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto;
8. 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;
9. In a manner so as to intentionally drive, chase, run over, kill or otherwise take or attempt to take any animal, wild or domestic.
J. Youth Operation: Youthful operation in the city of Baxter is governed by the regulations set forth in Minnesota state statutes sections 84.872 and 84.9256.
K. Penalty: Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment of not more than ninety (90) days, or both, plus costs of prosecution in either case. (Ord. 2008-8, 4-15-2008)