§ 70.08 RECREATIONAL VEHICLES AND GOLF CARTS.
   (A)   Definitions. Unless the language or context clearly indicates that a different meaning is intended, the following terms shall have the following meanings.
      ALL-TERRAIN VEHICLE (ATV) CLASS ONE. Motorized flotation-tired vehicles with at least three but no more than six low pressure tires that have an engine displacement of less than 1,000 cubic centimeters and total dry weight of less than 1,000 to 1,800 pounds.
      ALL-TERAIN VEHICLE (ATV) CLASS TWO. Motorized flotation-tired vehicles with at least three but no more than six low pressure tires that have an engine displacement of less than 1,000 cubic centimeters and total dry weight of 1,000 pounds to 1,800.
      INSURANCE. Motor vehicle liability insurance, which complies with the requirements set forth in Minn. State Statutes. If a person cannot obtain liability insurance in the private market, that person may purchase automobile insurance, including no-fault coverage, from the Minnesota Automobile Insurance Plan at a rate to be determined by the Commissioner of Commerce.
      MOTORIZED GOLF CART. A vehicle usually three or four wheeled, which is self- propelled and is designed to be used to provide transportation on a golf course.
      SLOW MOVING VEHICLE EMBLEM. A sign which complies with the requirements set forth in M.S. § 169.522.
      SNOWMOBILE. A self-propelled vehicle originally manufactured and designed for travel on snow or ice steered by skis or runners. SNOWMOBILE does not include ATVs as defined above that are equipped with aftermarket ski and track configurations.
      PHYSICALLY DISABLED PERSON. Any person meeting the criteria set forth in M.S. § 169.345, subd. 2 that qualifies for a certificate allowing the person to park in a handicapped-parking space.
   (B)   Restricted and prohibited operation. It shall be unlawful for any person to operate a snowmobile or ATV under the following circumstances:
      (1)   On city parks, playgrounds, recreational areas, and the city beach.
      (2)   On private property of another without permission to do so by the owner of said property.
      (3)   On any city sidewalk, designated walking/bike trail.
      (4)   On State Hwy 87 and State Hwy 71; with the exception of crossing as state statute allows.
      (5)   Between the hours of 12:00 a.m. and 6:00 a.m., Sunday through Saturday, within city limits.
      (6)   Exceptions: Emergency vehicles in the course of their duties and vehicles authorized by the city.
   (C)   Operator permits.
      (1)   Persons wishing to operate motorized golf carts on public roadways must obtain application from the City Police Department and shall be issued by the City Clerk. The City Council will set a reasonable fee to cover the cost of issuing such permits.
      (2)   Conditions for issuance of a permit are as follows:
         (a)   (i)   Persons at least 16 years of age and holding a driver’s license recognized by the State of Minnesota as permitting the operation of motor vehicles in the state are eligible for permits. A permit issued under this section shall be valid during the time and under the circumstances that the holder’s driver’s license would allow operation of a motor vehicle in the State of Minnesota.
            (ii)   Persons not holding a driver’s license may apply for an initial or renewal permit. Applications shall be accompanied by a certificate signed by a physician stating that the applicant is capable of safely operating a motorized golf cart or a four-wheel all-terrain vehicle on the roadway of streets.
         (b)   Applicant’s golf cart must be equipped with a rearview mirror.
         (c)   Applicant’s golf cart must have a reflective slow moving vehicle sign on the rear of the vehicle.
         (d)   Applicant’s golf cart must have current vehicle/homeowner’s insurance per M.S. § 169.045, subd. 8.
         (e)   All golf carts and ATVs must have mufflers that are properly attached, which reduce the noise of operation of the vehicle to a minimum. No person shall use a muffler cutout, bypass, or similar device on said vehicles.
         (f)   Each golf cart will be issued is own permit. Permits issued to dealers may be transferred for the purpose of test-driving a vehicle. However, vehicles used for the operation of a business will have their own permit.
         (g)   All vehicles will be inspected by the Police Department at time of initial application for that particular vehicle.
      (3)   If an applicant satisfies the above described conditions, the city shall issue a permit. Permits will be valid for the calendar year in which they were issued. Permits will be issued throughout the year however permits will not be prorated if purchased for less than 12 months.
   (D)   Operation.
      (1)   A person who has been granted a permit shall have the permit displayed on the golf cart. The permit will be placed on the rear of the vehicle in such a fashion as to be visible to following vehicles.
      (2)   Motorized golf carts, snowmobiles and ATVs shall only be operated on city-owned streets, alleys, and county roads or county state-aid highways located within the boundaries of the city. Golf carts, snowmobiles and ATVs are permitted to cross State Hwy 71.
      (3)   Golf carts may not be operated during inclement weather or when visibility is impaired by weather, smoke, fog or other conditions when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.
      (4)   Motorized golf cart, snowmobiles and ATV operators must obey all traffic laws which can be applied to motorized vehicles. Golf carts, snowmobiles and ATVs may not travel at a speed in excess of 15 MPH.
      (5)   Physically disabled persons wishing to park in marked handicap parking spaces are required to display their state issued handicap-parking permit.
      (6)   A permit may be revoked at any time if there is evidence that the permittee cannot safely operate the motorized golf cart on the designated roadways. The city may require, as a condition to obtaining a permit, that the applicant submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart or all-terrain vehicle on the roadways designated.
      (7)   Golf carts, snowmobiles and ATVs not equipped with brake lights or turn signals must use appropriate hand signals as defined by M.S. § 169.19, subd. 8.
      (8)   This section is not all-inclusive. Operators of ATVs and snowmobiles need to comply with all off-road vehicle laws, which are available for review in the Minnesota Department of Natural Resource Off-Highway Vehicle Regulations Manual.
      (9)   The operator is required to obey all Minnesota traffic laws and use hand signals.
      (10)   The operator is required to have a valid driver’s license for legal operation.
      (11)   An operator can be arrested for D.U.I. while operating a golf cart, snowmobile or ATV.
   (E)   Limitation of liability. Nothing in this section shall be construed as an assumption of liability by the city for any injuries to persons or property which may result from the operation of a motorized golf cart, snowmobiles or ATV by a permit holder or the failure by the city to revoke the permit.
   (F)   Violations.
      (1)   Violation of any of the requirements of this section is a misdemeanor punishable by up to 90 days in jail, a fine of up to $1,000 or both.
      (2)   In addition to any criminal sanctions, the permit may be revoked by the city for any violations of this section.
      (3)   The city is notified by any court that a permit holder was convicted of violating a state or local traffic law other than a parking law while operating the motorized golf cart, snowmobile or ATV.
      (4)   An applicant is found to have made fraudulent representations in a permit application.
(Ord. passed 12-11-23)