A. Permit Required: It is unlawful for any person to operate a special use vehicle on public streets in the city without first obtaining a permit as provided herein. Persons who obtain a permit as required below are authorized to operate a special use vehicle on designated public roadways and shared use paths or portions thereof under the jurisdiction of the city. Operators must have proof of insurance in possession while operating a special use vehicle on designated streets and shared use paths and shall produce such proof of insurance on demand of a police officer as specified in Minnesota Statutes section 169.791.
1. Term Of Permit: Except as otherwise provided herein, all permits issued shall be issued for a specified three (3) year term and must be renewed following their expiration. All permits issued during 2019, shall be issued for the remainder of 2019 and the three (3) year term beginning on January 1, 2020.
2. Permit Fee: All applications for a permit under this chapter shall be accompanied by the fee set forth in the city fee schedule, as it may be amended from time to time. The permit fee shall not be prorated.
a. Replacement Permit: If the issued permit is lost or damaged, a new application for a permit shall be required and shall be accompanied by the fee set forth in the city fee schedule, as it may be amended from time to time.
3. Exemption: Authorized city staff may operate city owned special use vehicles without obtaining a permit within the city on city streets, sidewalks, shared use paths, rights-of-way, and other public property when conducting city business.
B. Application For Permit: Application for a permit shall be made at least two (2) regular business days before the applicant desires to begin operating special use vehicles unless otherwise approved by the city clerk or their designee. Application for a permit shall be made on a form available from the office of the city clerk. All applications shall be signed by the applicant and include the following information:
1. The name, address and contact information of the applicant.
2. The make, model name, year and serial number of the special use vehicle.
3. Proof of insurance complying with Minnesota Statutes section 65B.48.
4. All additional information deemed necessary by the city.
C. Permit Display: All permits shall be issued for a specific special use vehicle. A current city-issued permit tag/sticker shall be plainly visible from the front or driver's side of the special use vehicle.
D. Suspension Or Revocation Of Permit: The police chief 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 Minnesota Statute chapter 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the special use vehicle on the designated roadways.
Appeal: The permit holder may appeal a permit suspension, revocation or nonrenewal to the city council. The permit holder must file with the city clerk a notice of appeal within ten (10) days of a suspension, revocation or nonrenewal. The council shall consider the appeal at a regularly or specially scheduled council meeting on or after fifteen (15) days from service of the notice of appeal upon the city clerk by the permit holder. Hearing on the appeal shall be open to the public. At the conclusion of the hearing, or as soon thereafter as practicable, the council may order:
1. The revocation, suspension or non-renewal of the permit; or
2. The revocation, suspension or non-renewal by the police chief be lifted and the permit be returned to or re-issued to the permit holder.
E. Operation Regulations:
1. Prohibited Hours; Exceptions: No person shall operate a special use vehicle upon any public property, street, alley, lot, lake or stream within the city between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M.; provided, however, that if the special use vehicle is being driven for the purpose of going in the most direct, practicable route possible from a point outside the city limits to the residence of the operator within the city limits, or from the residence of the operator inside the city limits in the most direct, practicable route to a specific destination outside the city limits, then, and for that purpose only, operation of a special use vehicle between the aforesaid hours shall be lawful.
2. Operation On Banks Of Highways: Upon county state aid and county highways within the corporate limits, special use vehicles shall only be operated upon the ditch bottom or outside bank of trunk, except as otherwise provided by this section.
3. Driving On Roadways: Upon any public highway, street, road, or alley used for motor vehicle travel, a special use vehicle shall only be operated upon the most right hand portion, except as otherwise provided by this section. In passing or making a left hand turn, it is lawful for a special use vehicle to operate on other lanes which are used for vehicle traffic in the same direction, only when going to or from a designated trail or non-highway area of permissible operation outside the city limits to the operator’s place of residence or establishment within the city limits.
4. Compliance With State Law: No special use vehicle shall be operated within the city in violation of the requirements under Minnesota Statutes sections 84.92 through 84.928.
F. Prohibited Operation:
1. On Sidewalks: No special use vehicle shall be operated at any time whatsoever upon any sidewalk within the corporate limits of the city.
2. On Shared Use Paths: No special use vehicle shall be operated at any time whatsoever upon any shared use path within the corporate limits of the city; except, along County Road 2 or County Road 91. All special use vehicles must yield to pedestrians when operating on a shared use path.
3. In Parks: It shall be unlawful to operate a special use vehicle in any city park unless authorized by the city as part of an event.
4. Occupants: The number of occupants on the special use vehicle shall not exceed the design occupancy load. Each occupant must be seated in a seat designed for occupants.
5. Hurting Or Chasing Animals: It is unlawful to intentionally drive, chase, run over or kill any animal with a special use vehicle.
6. Established Public Places: In addition to the regulations provided in this subsection, it is unlawful to operate a special use vehicle on any public place where prohibited by order of the city council. The city council shall have the power, by resolution, to prohibit the operation whenever, in its discretion, the same would be likely to produce damage to property or endanger the safety or repose of other persons. The areas shall be appropriately signposted following the enactment of the city resolution, and the prohibition shall become effective upon the posting.
7. Mini-Trucks: It shall be unlawful to operate a mini-truck upon any public sidewalk, shared use path, street or other public place within the corporate limits of the city.
G. Unsafe Operation: It shall be unlawful for any person to drive or operate any special use vehicle in the following unsafe or harassing ways:
1. Speed: At a rate of speed greater than the posted limit or reasonable or proper under all surrounding circumstances.
2. Carelessness, Negligence: In a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto.
3. Noisy Conditions: In such a manner so as to create loud, unnecessary and excessive noise or in any way which shall unduly disturb the peace and quiet of other persons in the city or in any manner which creates a public nuisance thereby.
4. Lights: Without a lighted headlight and taillight when required for safety.
5. Tree Nurseries: In any tree nursery or planting in a manner which damages or destroys growing stock.
6. Private Property: On private property of another without specific permission of the owner or person in control of said property.
7. Under Influence Of Intoxicants: At any place while under the influence of "alcohol" or a "controlled substance", as those terms are defined in Minnesota Statutes. Minnesota Statutes section 169A.20, "driving while impaired", is incorporated herein by reference.
H. Equipment Requirements:
1. ATVs And UTVs: It is unlawful for any person to operate an ATV or UTV to any place within the city unless it is equipped with the following:
a. Mufflers: Standard mufflers which are properly attached and which reduce the noise of operation of the motor to the minimum necessary for operation (no person shall use a muffler cutout, bypass, straight pipe or similar device on an ATV or UTV motor);
b. Brakes: Brakes adequate to control movement of and to stop and hold the ATV or UTV under any condition of operation;
c. Safety Throttle: A safety or so called "dead man" throttle in operating condition;
d. Lights: When operated between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or at a time of reduced visibility, at least one (1) clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100') ahead during the hours of darkness and under normal atmospheric conditions; and the headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming special use vehicle operator. It shall also be equipped with at least one (1) red taillamp having a minimum power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500') to the rear during the hours of darkness under normal atmospheric conditions; and
e. Reflective Material: Reflective material at least sixteen (16) square inches on each side, forward of the handlebars or steering device of an ATV or UTV and at the highest practicable point of any towed object, as to reflect light at a ninety degree (90°) angle.
2. Golf Carts: It is unlawful for any person to operate a golf cart to any place within the city unless it is equipped with the following:
a. Slow Moving Vehicle Emblem: Golf carts must display a slow moving vehicle emblem in accordance with Minnesota Statutes section 169.522.
I. Age of Operator:
1. ATVs And UTVs:
a. A person sixteen (16) years of age or older may operate an ATV or UTV, as permitted under this chapter, only if the individual has, in the individual's possession, a safety certificate issued by the commissioner of natural resources in accordance with Minnesota Statutes section 84.925 and a valid driver's license.
b. A person fifteen (15) years of age or older may operate an ATV or UTV, as permitted under this chapter, only if the individual has, in the individual's possession, a safety certificate issued by the commissioner of natural resources in accordance with Minnesota Statutes section 84.925 and a valid learner's permit, and is accompanied by a person eighteen (18) years of age or older who meets the requirements of subsection I1a of this section.
c. A person twelve (12) years of age or older, but less than fifteen (15) years of age may operate an ATV or UTV upon the most right hand lane of a municipal street or alley and may, in passing or making a left hand turn, operate on other lanes which are used for vehicle traffic in the same direction, for purposes of going to or returning from a nonhighway area of permissible operation outside the city, by the most direct route, only if the individual has, in the individual's possession, a safety certificate issued by the commissioner of natural resources in accordance with Minnesota Statutes section 84.925 and is accompanied by a person eighteen (18) years of age or older who meets the requirements of subsection I1a of this section.
d. Any person born prior to July 2, 1987 is not required to have a safety certificate issued by the commissioner of natural resources.
2. Golf Carts:
a. A person sixteen (16) years of age or older may operate a golf cart, as permitted under this chapter, only if the individual has, in the individual's possession, a valid driver's license.
b. A person fifteen (15) years of age or older may operate a golf cart, as permitted under this chapter, only if the individual has, in the individual's possession, a valid learner's permit and is accompanied by a person eighteen (18) years of age or older who meets the requirements of subsection I2a of this section.
3. It is unlawful for the owner of a special use vehicle to permit the special use vehicle to be operated contrary to the provisions of this section. (Ord. 201, 10-24-2019; amd. Ord. 217, 5-28-2020)