(A) 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 or ATV. Trail bikes, amphibious vehicles, and similar devices, other than snowmobiles, used at least partially for travel on natural terrain, but not “special mobile equipment” as defined in M.S. § 168.02, Subdivision 31, as it may be amended from time to time, which is hereby incorporated herein by reference.
MOTOR VEHICLE. Every vehicle which is self-propelled and not deriving its power from overhead wires.
MOTORIZED BICYCLE. A bicycle with fully operable pedals which may be propelled by human power or a motor, or both, with a motor of a capacity of less than 50 cubic centimeters piston displacement, and a maximum of two break horsepower, which is capable of a maximum speed of not more than 30 m.p.h. on a flat surface with not more than 1% grade in any direction when the motor is engaged.
OPERATE. To ride in, or on, and have control of a recreational motor vehicle.
OPERATOR. The person who is in physical control of a recreational motor vehicle.
OWNER. A person other than a lien holder, having a property interest in, or title to, a recreational motor vehicle, who is entitled to the use of possession thereof.
RECREATIONAL MOTOR VEHICLE. Any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including, but not limited to, a motorized bicycle, all terrain vehicle, snowmobile, hovercraft or motor vehicle licensed for highway operation which is being used for off-road recreational purposes.
SNOWMOBILE. The self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners.
(B) Motor vehicle and recreational motor vehicle operating restrictions. It is unlawful for any person to operate a motor vehicle or recreational motor vehicle under the following circumstances:
(1) On private or public property of another without the expressed permission to do so by the owner or occupant of said property;
(2) By taming, accelerating, decelerating or otherwise operating a motor vehicle or recreational motor vehicle or motorcycle in a manner causing unnecessary engine noise or backfire, squealing tires, skidding, sliding, swaying, throwing of sand or gravel, or in a manner simulating a race. Unreasonable squealing or screeching sounds emitted by tires, or the throwing of sand or gravel is prima facie evidence of a violation of this provision;
(3) In a manner so as to create loud, unnecessary, or unusual noise so as to disturb or interfere with the peace and quiet of other persons;
(4) In a careless, reckless, or negligent manner so as to endanger the safety of any person or the property of any other person or cause injury or damage thereto; or
(5) At a rate of speed greater than reasonable under all of the surrounding circumstances.
(C) Recreational motor vehicle operating restrictions. It is unlawful for any person to operate a recreational motor vehicle under the following circumstances:
(1) On public school grounds, park property, playgrounds, recreational areas, skating rinks, cemeteries, provided however, that the Council may, by resolution specifically permit use on city property, in which event the shortest route to and from areas so permitted shall be used;
(2) On a public sidewalk or walkway provided or used for pedestrian travel, or to park a recreational motor vehicle on any public sidewalk;
(3) Towing any person or thing on a public street or highway except through the use of a rigid tow bar attached to the rear of an automobile;
(4) On boulevards within any public right of way;
(5) Chasing, running over, or killing any animal, wild or domestic;
(6) Without having such recreational motor vehicle registered as provided by state statute;
(7) While under the influence of intoxicating beverages or narcotics or habit forming drugs;
(8) Without a lighted head and tail light when required for safety;
(9) During the hours between 12:00 midnight and 7:00 a.m., except when that operation is permitted on a sign-posted recreational motor vehicle route, and if such operation does not exceed a speed of 15 miles per hour;
(10) If 14 years of age but less than 18 years of age without having in his or her possession a valid snowmobile safety certificate issued pursuant to the provisions of M.S. § 84.86, as it may be amended from time to time; or
(11) If under the age of 14 years, on public property, including, but not limited to, streets, alleys, and highways within the city.
(D) Owner responsibility. It is unlawful for the registered owner of any recreational motor vehicle to permit its operation in violation of this section. For the purposes of this section, the owner shall be conclusively presumed to have given such permission unless the recreational motor vehicle so operated shall have been reported stolen to a law enforcement agency at the time of the violation.
(Ord. 16-4, passed 11-8-1993) Penalty, see § 70.99