(A) Applicable state statutes.
(1) All operation of an all-terrain vehicle, or ATV, in the city shall, at all times, conform to M.S. §§ 84.92 and 169.045, as may be amended from time to time.
(2) All operation of a utility task vehicle, or UTV, in the city shall, at all times, conform to M.S. § 169.045, 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.
ALL-TERRAIN VEHICLE (ATV). As defined in M.S. § 84.92, Subd. 8, 9, and 10 as may be amended from time to time.
ROADWAY OR STREET. A public roadway is defined as the entire right-of-way including the paved portion as well as all banks, ditches, shoulders and medians.
UTILITY TASK VEHICLE (UTV). As defined by M.S. § 169.045, Subd. 1(3), a side- by-side, four-wheel drive, 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.
(C) Application process.
(1) ATV registration. 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 the vehicle license plates are normally purchased. All-terrain vehicle registration is also available at the DNR License Bureau.
(2) Permit required. No operation of an ATV or UTV is allowed on any right-of- way within the city unless issued a permit by the city and the permit fee paid. The cost of the permit shall be set by the city from time to time and is valid for one year from the issuance date. A permit will not be granted or renewed unless the following conditions are met:
(a) The applicant must provide evidence of insurance.
(b) The applicant has not had his or her driver's license revoked as a result of criminal proceedings.
(c) The applicant may be required to provide a certificate signed by a physician that the applicant is able to safely operate a recreational vehicle.
(3) Permit application. Every application for an ATV or UTV permit shall be made on a form supplied by the city and shall contain all of the following:
(a) Application date;
(b) Applicant's name and address;
(c) Make, model, and year for each ATV and UTV;
(d) Driver's license or reason for not having a current license;
(e) Proof of at least one of the following training requirements for an ATV permit if born after July 1, 1987 in compliance with M.S. § 84.925, Subd. 5:
1. A valid all-terrain vehicle safety certificate issued by the Commissioner;
2. A driver's license that has a valid all-terrain vehicle safety certificate indicator; or
3. An identification card that has a valid all-terrain vehicle safety certificate indicator.
(f) Proof of insurance, company, and policy number for the operation of the recreational vehicle;
(g) Proof of DNR registration for ATVs; and
(h) Other information as the city may require.
(D) Special restrictions.
(1) Noise. While in operation within the city, the ATV or UTV must have the exhaust muffled to assure quiet operation.
(2) Insurance. No person shall operate an ATV or UTV without valid insurance in compliance with M.S. § 65B.48, Subd. 5.
(3) Hours of operation. ATVs and UTVs may operate between sunrise and sunset.
(4) Location. ATVs and UTVs may be operated on city streets but may not be operated on state or federal highways except to cross at designated intersections. All persons operating an ATV on roads and rights-of-way shall do so in compliance with M.S. § 84.928.
(5) Poor conditions. ATVs and UTVs may not be operated in inclement weather or when visibility is impaired due to weather, smoke, fog, or any condition when there is insufficient light to see persons or vehicles on the roadway at a minimum distance of 500 feet.
(6) Rear-view mirrors required. ATVs and UTVs shall be equipped with a rear-view mirror in compliance with M.S. § 169.70.
(7) Minors. No person under the age of 16 shall operate an ATV or UTV in the city, except on private property and with the permission of the owner of the property. No person under the age of 18 shall operate or ride an ATV or UTV without wearing protective headgear and seat belt that meets standards established by the Commissioner of public safety.
(E) 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; Ord. 2022-01(71), passed 6-20-2022) Penalty, see §
71.99