Section
72.01 Definitions
72.02 Permitted uses
72.03 Crossing of streets, highways
72.04 Traffic ordinances applicable
72.05 Yielding right-of-way
72.06 Operations; persons under the age of 12 or 16
72.07 Hours of operation
72.08 Equipment required
72.09 Special use vehicle operator's permit application
72.10 Permit fees
72.11 Permit revocation and administrative fines
72.12 Exemptions
72.13 No assumption of liability
72.99 Penalty
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL-TERRAIN VEHICLE or ATV. As defined by M.S. § 84.92, subd. 8, a motorized vehicle with: (1) not less than three, but not more than six low pressure or non-pneumatic tires; (2) a total dry weight of 2,000 pounds or less; and (3) a total width from outside of tire rim to outside of tire rim of 65 inches or less. ALL-TERRAIN VEHICLES include class 1 all-terrain vehicles and class 2 all-terrain vehicles. ALL-TERRAIN VEHICLES do not include electric assisted bicycles, golf carts, mini-trucks, dune buggies, go-carts, or vehicles designed and used specifically for lawn or property maintenance, agriculture, or logging purposes.
(1) CLASS 1 ALL-TERRAIN VEHICLE. As defined by M.S. § 84.92, subd. 9, an all-terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is 50 inches or less.
(2) CLASS 2 ALL-TERRAIN VEHICLE. As defined by M.S. § 84.92, subd. 10, an all-terrain vehicle that has a total width from outside of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inches.
GOLF CARTS. Motor vehicles that are designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding 20 miles per hour
NATURAL TERRAIN. Areas other than roadways, driveways (private or public), parking lots, and other areas, the surface of which has been intentionally modified for motor vehicle operation thereon.
OPERATE. To ride or have control of the operations of an ATV/UTV.
OPERATOR/DRIVERS. Every person who operates, or is in actual physical control of, an ATV/UTV/golf cart and who is entitled to the use or possession of the ATV/UTV/golf cart.
OWNER. A person, other than a lien holder, having the property in, or title to, a special use vehicle and is entitled to the use or possession of the special use vehicle.
SPECIAL USE VEHICLE. All-terrain vehicles, utility task vehicles and golf carts for the purpose of this chapter.
UTILITY TASK VEHICLE (UTV). As defined by M.S. § 169.045, subd. 1(3), a utility task vehicle means a side-by-side, or four-wheel drive, or off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds.
(Ord. 232, passed 10-4-2022)
(A) No person shall operate an all-terrain, utility task vehicle, or golf cart on city streets without obtaining a special use vehicle operator's permit as provided herein.
(B) Every driver of an all-terrain, utility task vehicle, or golf cart shall have the special use vehicle operator's permit in immediate possession at all times when operating an all-terrain, utility task vehicle, or golf cart on city streets.
(C) Drivers may only operate special use vehicles that have been listed on the permit application and approved by the city. Each approved special use vehicles will be issued a City of Braham special use vehicle registration sticker which must be displayed on the rear of the ATV/UTV or golf cart while it is operating on city streets.
(D) No person shall operate a special use vehicle installed with tracks on city streets.
(E) Operators shall operate all-terrain vehicles, including class 1 and class 2, utility task vehicles, and golf carts on the right shoulder or the extreme right-hand side of any city street. Drivers of all-terrain vehicles and golf carts should pull over to the extreme right hand side of the roadway or stop to allow motor vehicles to safely pass them.
(F) All drivers who were born after July 1, 1987, must have successfully completed the independent study course component of all-terrain vehicle safety training before operating an all-terrain vehicle on public roads including city streets (M.S. § 84.925, subd. 5).
(G) Every person operating a special use vehicle under permit on city streets has all the rights and duties applicable to the driver of any other vehicle under the provisions of this chapter, except when those provisions cannot reasonably be applied to all-terrain vehicles, utility task vehicles or golf carts and except as otherwise specifically provided in M.S. § 169.045, subd. 7.
(H) Every person leaving a special use vehicle in a public place or on a public street shall lock the ignition and remove and take the keys with them.
(I) It is unlawful for any person to operate a special use vehicle as listed below:
(1) On any land not owned by the person for the purpose of operating a special use vehicle after being notified, either orally or by written or posted notice, by the owner, occupant, or lessee not to do so;
(2) On the roadway, shoulder, or inside bank or slope of a public road right-of-way of a trunk, county state-aid, or county highway unless in accordance with M.S. § 84.928. A person shall not operate an all-terrain vehicle within the public road right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural zone unless the vehicle is being used exclusively as transportation to and from work on agricultural lands;
(3) On publicly owned land, including schools, park property, playgrounds, recreation areas, golf courses and greenways, except where specifically permitted;
(4) 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;
(5) On a public sidewalk, walkway, walking path, or bike trail provided or used for pedestrian or bicycle travel;
(6) While under the influence of intoxicating liquor, narcotics, or habit forming drugs;
(7) At a rate of speed greater than reasonable or proper under all the surrounding circumstances. All-terrain vehicles and utility task vehicles shall not exceed 20 miles per hour on city streets;
(8) At any place in a careless, reckless, or negligent manner so as to endanger or likely to endanger any person or property or to cause injury or damage thereto;
(9) On any city street or public road right-of-way of a trunk, county state-aid, or county highway unless the all-terrain vehicle or utility task vehicle is properly registered with the Department of Natural Resources (DNR) pursuant to M.S. § 84.922;
(10) On any city street unless the special use vehicle has liability insurance in compliance with the provisions of M.S. § 169.045 and M.S. § 65B.48, subd. 5;
(11) To intentionally drive, chase, run over, or kill any animal, wild or domestic;
(12) By halting any special use 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;
(13) While carrying more passengers than the special use vehicle is designed for;
(14) While having a driver's license that is currently revoked, suspended, or canceled due to an alcohol, controlled substance, or intoxicating substance violation pursuant to M.S. § 84.765, subd. 2(c);
(15) While towing any person or thing except through the use of a rigid tow bar attached to the rear of the all-terrain vehicle or utility task vehicle; and
(16) Motorized golf carts shall display the slow-moving vehicle emblem provided for in section M.S. § 169.522 when operated on designated roadways as per M.S. § 169.045, subd. 4.
(Ord. 232, passed 10-4-2022)
All special use vehicles may cross any street or highway intersecting a city street provided:
(A) 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;
(B) The vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the road;
(C) The driver yields the right-of-way to all oncoming traffic that constitutes an immediate hazard; and
(D) In crossing a divided road, the crossing is made only at an intersection of the road with another public road.
(Ord. 232, passed 10-4-2022)
City and state traffic regulations shall apply to the operation of ATV/UTVs and golf carts upon streets and highways, except for: those relating to required equipment; those which, by their nature, have no application; and those inconsistent with the provisions in this chapter.
(Ord. 232, passed 10-4-2022)
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