A. Definitions:
ALL-TERRAIN VEHICLE: A class 1 all-terrain vehicle and class 2 all-terrain vehicle as defined by Minnesota statutes 84.92(8).
RECREATIONAL VEHICLE: Any motorized bicycle, moped or motorcycle, motor vehicle licensed for highway operation but used for off road recreational purposes.
B. Equipment:
1. No person shall operate an all-terrain or recreational vehicle any place within the limits of the city unless it is equipped as follows:
a. With headlights and taillights lighted at all times.
b. With a functioning stoplight.
c. With standard mufflers which are properly attached and which reduce the noise operation of the motor to the minimum necessary for operation. No person shall use a cut-out, by-pass, straight pipe, or similar device on an all-terrain or recreational vehicle.
d. Each vehicle shall be equipped with a working spark arrestor.
e. Each vehicle shall meet noise emission standards of the United States environmental protection agency, and in no case shall the noise from the vehicle exceed eighty two (82) decibels of sound pressure at fifty feet (50') on the A scale as measured by Society Of Automotive Engineers (SAE) standards, and under no circumstance may an owner or operator modify the exhaust system in such a manner as to cause noise emitted from the vehicle to exceed these emission standards.
f. The vehicle shall be equipped with a rear-view mirror to provide the driver with adequate vision from behind as required by Minnesota statutes 169.70, as it may be amended from time to time.
g. The number of occupants in the vehicle may not exceed the design occupant load.
C. Operation:
1. No person shall operate any vehicle or machine on public land under the jurisdiction of the city of Moorhead except in compliance with Minnesota statutes 84.92 to 84.929, or its successor, and rules referred therein.
2. It shall be unlawful for any person to drive or operate any all-terrain vehicle, or recreational vehicle on public lands within the city, or on private lands within the city without the express permission of the owner or occupant of said private lands. No person shall operate any all-terrain or recreational vehicle on any designated bikeway or pedestrian walkway within the city limits except when crossing said areas by the most direct means practicable.
3. A person may operate a class 1 all-terrain vehicle designed by the manufacturer for off road use to be driven by a steering wheel and equipped with operator and passenger seatbelts and a roll-over protective structure on streets, roadways, or alleys that are used for other motor vehicle travel and that are under the jurisdiction of the city. Class 1 all terrain vehicles that do not meet these specifications may not be operated on any streets, roadways, or alleys that are used for other public motor vehicle travel and that are under the jurisdiction of the city.
4. No person shall operate any all-terrain vehicle or recreational vehicle without the use of a windshield or eyewear.
5. All occupants are required to use seatbelts when riding in any all-terrain vehicle or recreational vehicle when seatbelts are provided by the manufacturer.
6. If the all-terrain vehicle or recreational vehicle is not equipped with turn signals all operators are required to use hand signals to indicate turning or stopping intentions.
D. Unlawful Acts:
1. Anyone operating an all-terrain or recreational vehicle within the city shall adhere to the following:
a. Except on city streets, no all-terrain or recreational vehicle shall be operated in the city between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
b. No person shall operate an all-terrain or recreational vehicle in a manner as to create a loud or unnecessary or unusual noise which disturbs, annoys, or interferes with the peace and quiet of others.
c. No all-terrain or recreational vehicle shall be operated at a rate of speed greater than the posted speed limit or speed limit set by city ordinance or Minnesota statutes, and in no event greater than reasonable or proper under all surrounding circumstances.
d. Any operator under the age of eighteen (18) shall comply with all state laws regulating underage operators, including those set forth in Minnesota statutes chapter 84, as well as any rules and regulations promulgated by the commissioner of conservation in regard to underage operators, as such laws, rules, and regulations may from time to time be amended.
e. No person shall operate an all-terrain or recreational vehicle at any place in a careless, reckless, or negligent manner or heedlessly in disregard for the rights and safety of others or in a manner as to endanger, or likely to endanger, or cause injury or damage to any person or property.
f. It is unlawful for any person who is the owner or in lawful control of an all-terrain or recreational vehicle to permit the vehicle to be operated contrary to the provisions of this chapter.
E. Exemptions:
1. All-terrain and recreational vehicles may be operated on public lands under the jurisdiction of the city and approved by the council specifically designated by the parks and recreation advisory board for the operation of such vehicles.
2. Notwithstanding any prohibitions in this chapter, an all- terrain vehicle may be operated contrary to regulations prescribed in this section in a police designated emergency or by any recognized government employees involved in performing essential services for the city, by any on duty law enforcement officers in accordance with the performance of their duties, or by construction or maintenance authorized by the city.
3. A class 2 all-terrain vehicle may be operated upon roadways in accordance with Minnesota statutes 84.92 to 84.928.
4. An all-terrain vehicle may be used to move snow from a driveway, parking lot, sidewalk, or boulevard.
F. Permits:
1. All-terrain vehicles or recreational vehicles may be operated upon designated city roadways as long as the operator has obtained a permit from the city containing, at a minimum, the following information:
a. The name and address of the applicant;
b. Model, make, year, and vehicle identification number of the permitted vehicle;
c. Proof of insurance;
d. Current driver's license information; and
e. Other information as the city may require.
2. The permit application is available from the city police department and must be completed and submitted to the police department along with an application fee, which fee is to be established by resolution of the council, amended from time to time.
3. The permit application will be reviewed by the city police chief, or his/her designated representative, and a permit shall be issued by the city police chief, or his/her designated representative, as long as the application is complete and satisfactory to the city police chief, or his/her designated representative, the permit fee is paid, and other conditions of this section are satisfied. The city police chief, or his/her designated representative, has the authority and discretion to deny a permit application if these conditions are not satisfied.
4. The applicant must demonstrate evidence of insurance complying with the provision of Minnesota statutes 65B.48, subd. 5.
5. The permit may be granted for a period not to exceed two (2) three (3) years and be renewed upon expiration to coincide with the required State of Minnesota permit. The fee will be prorated by year in order to align the city permit with the state permit for future renewals.
6. Permits are effective from January 1 through December 31 of the second year.
7. Applicants must be age sixteen (16) or greater holding a valid driver's license recognized by the State of Minnesota, and where necessary, a Department of Natural Resource's certification permitting operation of all-terrain vehicles or recreational vehicles; the permit to be issued under this section is only valid during the time and under the circumstances that the applicant's driver's license allows operation of a motor vehicle in the State of Minnesota.
8. The permit may be suspended or revoked at any time if there is evidence that the permit holder violated any provisions of this ordinance or state law, or cannot safely or legally operate, or has not safely or legally operated, the all-terrain vehicle or recreational vehicle within the city or if the applicant's driver's license is no longer recognized as valid in the State of Minnesota. An applicant may appeal any such suspension, revocation, or denial to the council by filing notice of appeal with the city clerk no later than fourteen (14) days after the date of notice of the action to be appealed.
G. Penalty: Any person convicted of violating any provision of this chapter shall be penalized in accordance with the provisions of section 1-4-2 of this code. (Ord. 2014-21, 10-27-2014; amd. Ord. 2021-16, 10-25-2021)