§ 72.05 YIELDING RIGHT-OF-WAY.

   No special use vehicle shall enter any intersection without yielding the right-of-way to any vehicle or pedestrians at the intersection, or so cross the intersection as to constitute an immediate hazard.

(Ord. 232, passed 10-4-2022)

§ 72.06 OPERATIONS; PERSONS UNDER THE AGE OF 12 OR 16.

   (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)

§ 72.07 HOURS OF OPERATION.

   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)

§ 72.08 EQUIPMENT REQUIRED.

   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)

§ 72.09 SPECIAL USE VEHICLE OPERATOR'S PERMIT APPLICATION.

   (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)

§ 72.10 PERMIT FEES.

   Any applicable permit fees shall be as set forth in the adopted city's fee schedule.

(Ord. 232, passed 10-4-2022)

§ 72.11 PERMIT REVOCATION AND ADMINISTRATIVE FINES.

   (A)   Revocations are subject to the severity of the offense alleged or observed and investigated by the Police Department. The Chief of Police may revoke an operator's permit at any time upon a finding that the holder thereof has violated any of the provisions of this chapter or if there is evidence that the permittee cannot safely operate the all-terrain or utility task vehicle on city roadways.

   (B)   Operators/drivers are subject to administrative fines for any violations listed elsewhere in city ordinances.

   (C)   The permit holder may appeal a permit revocation or administrative fine to the City Council. The permit holder may request a hearing, in writing, within ten business days of the permit revocation. The Council shall consider the appeal at a regularly or specially scheduled Council meeting open to the public. Failure to properly request a hearing within ten business days will terminate the person's right to a hearing.

   (D)   Reinstatement of a permit requires a new permit registration to be completed and submitted.

(Ord. 232, passed 10-4-2022)