Section
71.01 Purpose and intent
71.02 Definitions
71.03 Permitted operation of a recreational motor vehicle
71.04 Restrictions of recreation motor vehicles
71.05 Designation of public areas for use
71.06 Minimum equipment requirements
71.07 Street crossings
71.08 Compliance
71.09 Permit revocation
71.99 Penalty
The purpose of this chapter is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the city. It is intended to protect life, property, and to prevent public nuisances. No section hereafter shall be construed to minimize regulations set forth in M.S. Ch. 168 (Motor Vehicle Registration), as it may be amended from time to time, M.S. Ch. 169 (Motor Vehicle Operation)/(Driver License Regulations), as it may be amended from time to time, and M.S. §§ 84.81 et seq. (Snowmobile Regulations), as it may be amended from time to time.
(Prior Code, § 9-3-1) (Ord. 777, passed 5-23-2022)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL-TERRAIN VEHICLE or VEHICLE. Has the meaning given in M.S. § 84.92, subd. 8, as it may be amended from time to time.
CLASS 1 ATV. An ATV that has a total width from outside of tire rim to outside of tire rim that is 50 inches or less.
CLASS 2 ATV. A Class 2 all-terrain vehicle means an all-terrain vehicle that has a total width from outside of tire rim to outside of tire rim to outside of tire rim that is greater than 50 inches but not more than 65 inches.
DRIVER-OPERATOR. Every person who drives or operates and is in actual physical control of a recreational vehicle.
ELECTRIC-ASSISTED BICYCLES. A device with two or three wheels; a saddle and fully operable pedals for human propulsion; and an electric motor that is: 1,000 watts or less, incapable of propelling faster than 20 miles per hour, incapable of further increasing the speed of the device when human power alone is used to propel the vehicle at a speed of more than 20 miles per hour and disengages or ceases to function when the vehicles brakes are applied.
GOLF CART. A self-propelled three or four-wheeled vehicle designated for and commonly used for transportation on a golf course that is limited in engine displacement of less than 800 cubic centimeters and total dry weight of less than 800 pounds. Vehicles that are required to be registered with the Minnesota Department of Natural Resources do not fall within the definition of a golf cart for purposes of this code.
MOTORIZED FOOT SCOOTER. A device with handle bars designed to be stood or sat upon by the operator, and powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, and that has no more than two 12-inch or smaller diameter wheels and has an engine or motor that is capable of a maximum speed of 15 miles per hour on a flat surface with not more than 1% grade in any direction when the motor is engaged.
OWNER. A person, other than a lien holder, having the property in or title to a recreational motor vehicle entitled to the use or possession thereof.
RECREATIONAL MOTOR VEHICLE (RMV). Any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes including, but not limited to trail bike, off-highway motorcycle, as defined by M.S. § 84.787, Subd. 7, as it may be amended from time to time, or other all-terrain vehicle as defined by M.S. §§ 84.90 and 84.92, subd. 8 through subd. 10 as they may be amended from time to time, or motorized go-carts, hovercraft, or motor vehicle licensed for highway operation, which is being used for off-road recreational purposes, but not including motorized golf carts, personal electric mobility devices, motorized foot scooters, neighborhood electric vehicles, medium-speed electric vehicles, or mini-trucks.
SEGWAYS OR ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing device with two tandem wheels, designed to transport not more than one person, and operated by an electric propulsion system that limits the maximum speed of the device to 15 miles per hour.
SNOWMOBILE. A self-propelled vehicle designed for travel on snow or ice steered by skis or runners.
(Prior Code, § 9-3-2) (Ord. 777, passed 5-23-2022)
The following recreational motor vehicles shall be specifically permitted.
(A) An all-terrain vehicle Class 2 ATV as defined M.S. § 84.92, subd. 10, as it may be amended from time to time, shall be permitted to operate on city street, or other city roadway and parking lot designed for vehicular traffic.
(1) Owner-operator must present proof of registration and display if the registration is required by M.S. § 84.92, as it may be amended from time to time and must be permitted by the city, fee set forth in the city's fee schedule.
(B) Snowmobiles may be operated for general recreational use as a direct route for access to and from the operator's residence for the purpose of entering or leaving the city on the extreme right-hand side of the right-of-way streets, roadways, or alleys that are used for other public motor vehicular travel and that are under the jurisdiction of the city and follow all regulations described in M.S. § 84.87, subd. 1, as it may be amended from time to time. Map of designated route on file at City Hall.
(C) Owner-operator must hold valid insurance complying with M.S. § 658.48, subd. 5, as it may be amended from time to time.
(D) Class 1 and Class 2 ATVs, golf carts and snowmobiles shall obey all city and state traffic laws when operating vehicles on city streets.
(E) A Class 1 ATV and golf-carts as permitted by the city and allowed in specific locations as noted in the City of Monticello Class 1 ATV/Golf Cart Street Map. Application for a permit must be made on a form with fee set forth in city fee schedule supplied by the city and must contain all of the following information:
(1) The registered owner's name, address, and telephone number;
(2) The make, model, year and ATV or golf cart;
(3) Proof of insurance. The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes;
(4) Current driver's license or reason for not having a current license; and
(5) Golf carts and Class 1 ATVs are only permitted to be operated on designated city streets. Designated streets are those which are considered to be local in nature, under Monticello jurisdiction, and 30 mph or less. Golf carts and Class 1 ATVs are not permitted to travel down county, state, or roads built with state-aid funds. the streets which are designated for golf cart operation are shown on the city's ATV/Golf Cart Street Map, which is on file and of record with the City Clerk. Golf carts and Class 1 ATVs are permitted to cross over any non-designated street or highway that intersects a designated city street. With this exception, golf carts and Class 1 ATVs shall not, for any period of time or distance, travel down any streets or highways not permitted for golf cart use.
(F) Motorized foot scooters as defined by M.S. § 169.011, subd. 46, as it may be amended from time to time, may be operated within the city pursuant to and in accordance with M.S. § 169.225, as it may be amended from time to time.
(G) Segways or electric personal assistive mobility devices as defined by M.S. § 169.011, subd. 26, as it may be amended from time to time, may be operated within the city pursuant to and in accordance with M.S. § 169.212, as it may be amended from time to time.
(H) Electronic assisted bicycles as defined by M.S. § 169.011, subd. 27, as it may be amended from time to time, may be operated in the city pursuant to and in accordance with M.S. § 169.223, as it may be amended from time to time.
(Prior Code, § 9-3-3) (Ord. 777, passed 5-23-2022)
(A)
Recreational motor vehicles shall not be allowed, except as specifically permitted in this chapter.
(B) It is a misdemeanor for any person to operate any recreational motor vehicle as listed below. Class 1 and Class 2 ATVs and snowmobiles may not operate:
(1) Between the hours of 11:00 p.m. and 7:00 a.m. within 300 feet of a residence;
(2) At a rate of speed greater than reasonable, prudent, or proper under all the surrounding circumstance, but in no case exceeding 15 mph for snowmobiles and 20 mph for Class 1 ATV;
(3) On publicly owned land, including school, city street, park property, playgrounds, or recreation areas, nor on any sidewalks or pathways in the city provided for pedestrian and/or bicycle travel;
(4) Class 1 and Class 2 ATVs cannot be operated on the road ditch bottom or outside ditch slope unless on a trail designated;
(5) At any place in a careless, reckless, or negligent manner so as to endanger or be likely to endanger any person or property or to cause injury or damage thereto;
(6) On private property or another without specific permission of the owner or person in control of the property;
(7) While under the influence of alcohol or drugs as defined in M.S. § 169A.20, as it may be amended from time to time;
(8) So as to intentionally chase, run over, or kill any animal;
(9) On any roadway, shoulder, or inside bank or slope of any city trunk, county state aid, or county highway in the city, except as provided in this chapter, nor shall operation on any such highway be permitted where the roadway directly abuts a public sidewalk or walkway;
(10) Without headlight and taillight lighted at all times if the vehicle is equipped
with headlight and taillight;
(11) Without a brake operational by either hand or foot; or
(12) No person under 18 years of age shall operate a Class 2 ATV while carrying a passenger except for a parent or lawful guardian.
(Prior Code, § 9-3-4) (Ord. 777, passed 5-23-2022)
Penalty, see § 71.99
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