(A) Applicable state statutes.
(1) All operation of an ATV or a golf cart in the city shall, at all times, conform to M.S. §§ 84.92 and/or 169.045, as may be amended from time to time.
(2) For the purpose of this section, the terms used within shall be defined under M.S. §§ 84.92 and 169.045, as may be amended from time to time, which is hereby made a part of this section as completely as if it were fully set out herein.
(3) All ATVs operated within the right-of-way of any public roadway including direct crossings are subject to the applicable provisions of state highway traffic statutes (M.S. Ch. 169, as may be amended from time to time).
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ATV. As defined in M.S. § 84.92, Subd. 8, 9, and 10 as may be amended from time to time, as set out below:
(1) ALL-TERRAIN VEHICLE or VEHICLE. A motorized flotation-tired vehicle of not less than three low pressure tires, but not more than six tires, that is limited in engine displacement of less than 800 cubic centimeters and includes a Class 1 all-terrain vehicle and Class 2 all-terrain vehicle, as may be amended from time to time;
(2) CLASS 1 ALL-TERRAIN VEHICLE. An all-terrain vehicle that has a total dry weight of less than 900 pounds, as may be amended from time to time.
(3) CLASS 2 ALL-TERRAIN VEHICLE. An all-terrain vehicle that has a total dry weight of 900 to 1,500 pounds, as may be amended from time to time.
GOLF CART. A motorized (gas or electric) three- or four-wheel vehicle commonly used to transport golfers and their golfing equipment while playing the sport of golf.
ROADWAY. A public roadway is defined as the entire right-of-way including the paved portion as well as all banks, ditches, shoulders and medians.
(C) Registration.
(1) No person may operate an ATV anywhere within the state unless it has first been registered with the Department of Natural Resources (DNR). This requirement does not apply to ATVs being operated on private lands with the permission of the landowner, and to certain other situations enumerated at M.S. § 84.922, Subd. 1a, as may be amended from time to time. The off-road registration of ATVs is through deputy registrars where vehicle license plates are normally purchased. All-terrain vehicle registration is also available at the DNR License Bureau.
(2) Golf carts, by their very nature, are not required to be registered.
(D) Driver’s licensed required. No person may operate an ATV on any public roadway without a valid driver’s license, except as provided below. Persons 12 years and over may make direct crossings of city streets.
(1) Persons between their twelfth and fourteenth birthdays may make direct crossings of trunk, county, highways and county state-aid highways if the persons possess a valid ATV safety certificate issued by the DNR and are accompanied by a person over 18 years of age on another ATV who holds a valid driver’s license.
(2) Persons who have reached their fourteenth birthday may make a direct crossing of trunk, county and county state-aid highways if the persons possess a valid ATV safety certificate issued by the DNR.
(3) On any state grants-in-aid ATV trail located within a public roadway, driver’s licenses are not required. Persons who have not yet reached their fourteenth birthdays may not operate ATVs on the trail unless accompanied by an adult on the same vehicle or on an accompanying ATV, except that persons who have reached their twelfth birthdays may operate an ATV on the trail if the persons possess a valid ATV safety certificate issued by the DNR.
(E) Operation prohibited on certain roads.
(1) No person shall operate an ATV within the right-of-way of any trunk, county or state-aid highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same directions as the highway traffic on the nearest land of the adjacent roadway with appropriate front and rear lights as prescribed by law.
(2) No person shall operate an ATV on any paved portion, median, shoulder or inside bank or slope of the right-of-way of any trunk, county or county state-aid highway, except when making a direct crossing. An operator with a driver’s license may operate in the outside slope of the above rights-of-way.
(3) Licensed drivers may operate ATVs on the road or street surface of city streets only if in compliance herewith. No person shall operate a golf cart or ATV upon a city street at speeds in excess of 20 mph.
(4) No person shall operate an ATV within the right-of-way of any interstate highway including a direct crossing.
(F) Special restrictions.
(1) Permit required. No operation of a golf cart or ATV is allowed on any right-of-way within the city unless issued a permit by the Chief of Police or his or her appointee.
(2) Off-road operation. An ATV may be operated on the ice of lakes within the city and on private property, out of residential areas. While operating on private property, the owner of that property must be present or the operator must have on his or her person written permission from the property owner.
(3) Noise. While in operation within the city, the ATV or golf cart must have the exhaust muffled to assure quiet operation.
(4) Hours of operation. No operation of a golf cart within the city will be allowed after sunset or before sunrise. No ATV shall be operated on any city street between the hours 11:00 p.m. and 7:00 a.m. except in an emergency or, after having been out of the city, returning, by the shortest route, to the operator’s residence, building or property where the ATV is stored when not in use. No ATV may be operated on a city street without proper lighting as prescribed by state statute.
(G) Effective date. This section shall take effect and be in force from and after its passage and publication. The ordinance codified herein was published on 8-7-1998.
(Ord. 81, passed 8-3-1998) Penalty, see § 71.99