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(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)
(A) No person under the age of 12 shall operate an all-terrain, utility task vehicle, or golf cart on city streets.
(B) Youths 12 to 15 years of age may operate a class 1 all-terrain vehicle on city streets under the following conditions:
(1) Must have a valid city permit;
(2) Must have successfully completed an ATV safety course and possess a valid ATV certificate; and
(3) Must be accompanied by a parent or legal guardian with a valid city permit. The parent or legal guardian can be a passenger or riding on a separate ATV.
(C) Youths under 16 of age may not operate a class 2 ATV, utility task vehicle, or golf cart on city streets.
(D) Youths 16 and 17 years of age or older may operate a class 1 or class 2 all-terrain vehicle, a utility task vehicle, or a golf cart on city streets under the following conditions:
(1) Must have a valid city permit;
(2) Must have successfully completed an ATV safety course and possess a valid ATV certificate to operate an ATV;
(E) Drivers and passengers less than 18 years of age must wear a safety helmet approved by the Commissioner of Public Safety and wear a seatbelt (if equipped) in accordance with division (F).
(F) No person under 18 years of age shall operate an all-terrain vehicle, utility task vehicle, or golf cart if the person cannot:
(1) Properly reach and control the handlebars and reach the foot pegs while sitting upright on the seat of an all-terrain vehicle with, straddle-style seating;
(2) Properly reach the steering wheel and foot controls of an all-terrain vehicle with side-by-side-style seating, or a golf cart while sitting upright in the seat with the seat belt fully engaged.
(G) No person under 18 years of age shall operate a special use vehicle while carrying a passenger except for a parent or lawful guardian. The number of occupants on any special use vehicle may not exceed the designed occupant load.
(H) Parents and/or legal guardians shall not allow their minor children to operate special use vehicles in violation of this chapter (M.S. § 84.9256, subd. 2).
(Ord. 232, passed 10-4-2022)
Special use vehicles may only be operated on city streets from sunrise to sunset unless they are equipped with functional and original equipment headlights, taillights, and rear-facing brake lights. Except when used for snow removal, special use vehicles shall not be operated on city streets in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions, or at any time when there is insufficient visibility to clearly see persons and vehicles on the roadway at a distance of 500 feet.
(Ord. 232, passed 10-4-2022)
It is unlawful for any person to operate a special use vehicle at any place within the limits of the city unless it is equipped with the following:
(A) Standard mufflers are required and 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 an all-terrain or utility task vehicle motor. The exhaust system shall not emit or produce a sharp popping or crackling sound;
(B) Brakes, that are operational by either hand or foot, are required and shall be adequate to control the movement of and to stop and hold under any conditions of operation;
(C) All-terrain and utility task vehicles must have a functioning headlight, taillight, and stoplight if so equipped;
(D) Special use vehicles must have a rearview mirror so located as to reflect to the driver a view of the highway for a distance of at least 200 feet (M.S. § 169.70); and
(E) Properly licensed within the state.
(Ord. 232, passed 10-4-2022)
(A) Every application for a permit shall be made on a form supplied by the city and shall contain all of the following information:
(1) Name, DOB, and address of the applicant;
(2) Nature of any physical handicap of the applicant, if any, that may limit the applicant's ability to operate an all-terrain or utility task vehicle(s);
(3) Model name, make, year, DNR registration number, and current liability insurance for all of the all-terrain or utility task vehicles that the applicant intends to operate on city streets. Each approved special use vehicle will be issued a City of Braham special use vehicle registration sticker which must be displayed on the rear of the UTV/ATV or golf cart while it is operating on city streets;
(4) Copy of ATV certificate or driver's license/ID card that has a valid all-terrain vehicle safety certificate indicator (if applicant was born after July 1, 1987);
(5) Parent and/or guardian information and acknowledgment of parent/guardian consent for permit (if applicant is under 18 years of age); and
(6) Any other information as the city may require.
(B) Operator permits shall be granted for a period of three years and may be renewed.
(C) No operator permit shall be granted or renewed if the permit application is deemed incomplete and unless the following conditions are met:
(1) The applicant must provide evidence of liability insurance in compliance with the provisions of Minnesota Statutes concerning insurance coverage for every special use vehicle they operate on city streets (M.S. § 169.045 and M.S. § 65B.48, subd. 5);
(2) The applicant may be required to submit a certificate signed by a physician that the applicant is able to safely operate a special use vehicle; and
(3) The applicant must not hold a driver's license that is currently revoked, suspended, or canceled due to an alcohol, controlled substance, or intoxicating substance.
(Ord. 232, passed 10-4-2022)
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