A. Definitions:
OPERATE: To ride in or on and control the operation of a snowmobile.
OPERATOR: Every person who operates or is in actual physical control of a snowmobile.
OWNER: A person, other than a lienholder, having the property in or title to a snowmobile or entitled to the use or possession thereof.
REGISTER: The act of assigning a registration number to a snowmobile.
ROADWAY: That portion of a street, highway or road which is improved, designed, or ordinarily used for vehicular travel.
SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice or on natural terrain steered by wheels, skis, or runners. (Ord. 219, 11-5-1985)
B. State Regulations Adopted: Minnesota statutes sections 84.81 through 84.88, as amended, are hereby adopted as snowmobile regulations of the city and made a part of this section by reference as if fully set forth herein. One copy of said statute provisions is on file in the office of the city clerk for public use and inspection.
C. Registration Required; Exceptions: Except as herein provided, no person shall operate any snowmobile within the city, unless such snowmobile has been registered in accordance with the laws of the state. No registration hereunder shall be required for the following described snowmobiles: (Ord. 219, 11-5-1985; amd. 2003 Code)
1. Snowmobiles owned and used by the United States, any state, county or municipality.
2. Snowmobiles registered in a country other than the United States temporarily used within the state.
3. Snowmobiles covered by a valid license of another state and which have been within the state for not more than thirty (30) consecutive days.
D. Permitted Areas Of Operation:
1. Except as herein provided, no person shall operate a snowmobile within the city except upon private property with the written permission of the owner of such private property.
2. A snowmobile may be operated upon a public street or highway in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical.
3. A snowmobile may be operated at any time, anywhere within the city, under emergency circumstances by any police officer or duly authorized official, agent, or employee of the city.
E. Operation Of Snowmobiles: It shall be unlawful for any person to drive or operate any snowmobile in the following unsafe or harassing ways:
1. Speed: At a rate of speed greater than reasonable or proper under all the surrounding circumstances;
2. Careless, Reckless Operation: In a careless, reckless or negligent manner so as to endanger the operator or the person or property of another or to cause injury or damage thereto.
3. Under Influence Of Liquor Or Drugs: While under the influence of intoxicating liquor or narcotics or habit forming drugs.
4. At Certain Times Without Lights: Without a lighted headlight and taillight after sunset and before sunrise or when otherwise required for safety.
5. Unattended On Public Property: To leave or allow a snowmobile to be or remain unattended on public property.
6. Noisy Conditions: In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons.
7. Near Skating Rinks Or Sliding Areas: Within one hundred feet (100') of any skating rink or sliding area, or in any other area where the operation would conflict with use or endanger other persons or property.
F. Required Equipment: All snowmobiles shall have the following equipment:
1. Muffler: Standard mufflers which are properly attached and which reduce the noise of operation of the machine to the minimum noise necessary for operating the machine, and no person shall use a muffler cutout, bypass, or similar device on said machine.
2. Lights: A headlight and taillight if the snowmobile is operated after dark.
3. Brakes: Brakes adequate to control the movement of and to stop and hold a snowmobile.
4. Safety Throttle: A safety or deadman throttle which automatically cuts the fuel supply to the engine whenever the operator releases pressure on the throttle. (Ord. 219, 11-5-1985)
G. Liability Of Registered Owner:
1. A person registered as owner of a snowmobile may be fined as provided in section 1-4-1 of this code if a snowmobile bearing his registration number is operated contrary to the provisions of this section. The registered owner may not be so fined if: a) the snowmobile was reported as stolen to a law enforcement agency at the time of the alleged unlawful act; or b) the registered owner demonstrates that the snowmobile either was stolen or was not in use at the time of the alleged unlawful act; or c) the registered owner furnished to law enforcement officers, upon request, the identity of the person in actual physical control of the snowmobile at the time of such violation. (Ord. 219, 11-5-1985; amd. 2003 Code)
2. The provisions of this subsection do not apply to any person who rents or leases a snowmobile if such person keeps a record of the name and address of the person or persons renting or leasing such snowmobile, the registration number thereof, the departure date and time and expected time of return thereof. Such record shall be preserved for at least six (6) months and shall be prima facie evidence that the person named therein was the operator thereof at the time it was operated contrary to this section. The provisions of this subsection do not prohibit or limit the prosecution of a snowmobile operator for violating any provisions of this section. (Ord. 219, 11-5-1985)