A. Permit Required.
1. It shall be unlawful for any person to operate a class 2 all-terrain vehicle or a utility task vehicle on any roadways and intersections in the city without having first obtained a permit, as provided in this chapter. Persons who obtain a permit hereunder are authorized to operate a class 2 all-terrain vehicle or a utility task vehicle on designated roadways or portions, as identified in herein.
2. Every class 2 All-terrain vehicle or utility task vehicle operator must have proof of insurance in possession while operating the class 2 all-terrain vehicle or utility task vehicle on designated streets and shall produce such proof of insurance on demand of a police officer, as specified in M.S. § 169.791.
B. Permits.
1. Operator permits. All persons operating a class 2 all-terrain vehicle or a utility task vehicle that are not being operated in connection with a community event must first obtain an operator permit from the city.
a. Application. The application shall be made on a form supplied by the city and shall contain the following:
(1) The name and address of the applicant and address of where the vehicle is stored if different than applicant’s home address;
(2) The make, model name, year, serial number and DNR registration number of the class 2 all-terrain vehicle or utility task vehicle;
(3) The applicant’s driver’s license number;
(4) Proof of insurance in compliance with M.S. § 65B.48;
(5) Payment of the permit fee in an amount established by resolution of the City Council, and any amendments thereto; and
(6) Such other information as the city may require.
2. Term of permit. Operator permits shall be granted for a period of three years. The operator may seek a renewal after said three-year period from the city. Operator permits shall expire on December 31 of the third year.
3. Operator permit conditions. No operator permit shall be granted or renewed unless the following conditions are met:
a. The city is in receipt of a complete application and permit fee as provided by this chapter;
b. The applicant is 16 years of age or older and provides a valid driver’s license;
c. The applicant provides proof of insurance in compliance with M.S. § 65B.48;
d. The class 2 all-terrain vehicle or utility task vehicle identified in the application is in good working condition and safe for the transportation of passengers; and
e. The vehicle is not in such a state as to create unreasonably loud grating, grinding, rattling, or other noise.
4. Community event permits. Operators of a class 2 all-terrain vehicle or utility task vehicle in connection with a community event are not required to obtain individual operator permits.
C. Occupants. The number of occupants in the class 2 all-terrain vehicle or utility task vehicle shall not exceed the design occupant load. Each occupant must be seated in a seat designed for occupants and seatbelts must always be worn by the driver and all passengers. A driver and all passengers under the age of 18 must wear a helmet (Department of Transportation-approved) while riding on the roadway.
D. Designated Roadways And Intersections. Class 2 all-terrain vehicles or utility task vehicles that are permitted hereunder may be operated within the city on public roadways. Class 2 all-terrain vehicles or utility task vehicles must not be operated on state trunk highways or county roads, unless such highways or roads are under the city’s jurisdiction through the issuance of a permit or approval to the city from the county or the Minnesota Department of Transportation and the class 2 all-terrain vehicle or utility task vehicle is listed on the community event permit issued by the city. The operator of any class 2 all-terrain vehicle or utility task vehicle permitted hereunder may make a direct crossing of any intersecting roadways. Operators must exercise all due care to avoid travel on roadways with a high frequency of automobile usage.
E. Times Of Operation. Class 2 all-terrain vehicles or utility task vehicles permitted hereunder may only be operated on designated roadways and intersections from sunrise to 10:00 p.m.
F. Application Of Traffic Laws. Persons operating a class 2 all-terrain vehicle or a utility task vehicle on designated roadways and intersections have all the rights and duties applicable to drivers or operators of any other motor vehicle under the provisions of any ordinance of the city and any state laws, except when these provisions cannot reasonably be applied to class 2 all-terrain vehicle or utility task vehicles.
G. Operation.
1. All class 2 all-terrain vehicles or utility task vehicles shall be operated at all times in the proper traffic lane and not exceed the designated speed limit.
2. Operators should operate the vehicles at prudent speeds and always exercise due care and control of the vehicle.
3. Operators are prohibited from allowing any passengers on an attached trailer to a class 2 all-terrain vehicles or utility task vehicles permitted hereunder while operating such vehicles on designated roadways and intersections.
4. All class 2 all-terrain vehicle or utility task vehicles must be in good working condition and safe for the transportation of passengers.
5. All class 2 all-terrain vehicle or utility task vehicles must not be in such a state as to create unreasonably loud grating, grinding, rattling, or other noise.
H. Required Equipment. It is unlawful for any person to operate a class 2 all-terrain vehicle or utility task vehicles unless it is equipped with the following:
1. At all times and weather conditions: headlights, taillights, turn signals, and rear-facing brake lights; and
2. Windscreen, windshield, or eye protection.
I. Operation On Sidewalks And Trails. No person shall operate a class 2 all-terrain vehicle or a utility task vehicle on a public sidewalk or trail unless otherwise authorized by the city.
J. Suspension Or Revocation Of A Permit. The Chief of Police may suspend or revoke a permit granted hereunder upon a finding that the permit holder has violated any of the provisions of this chapter or M.S. Ordinance 169, or if there is evidence that the operator cannot safely operate the class 2 all-terrain vehicle or utility task vehicle on designated roadways. A suspension or revocation may be reviewed by appeal to the City Council.
K. No Assumption Of Liability. Nothing in this chapter shall be construed as an assumption of liability by the city for injuries to persons or property which may result from the operation of any class 2 all-terrain vehicle or utility task vehicle by a permit holder or the failure by the Chief of Police or City Council to suspend or revoke a permit.
L. Penalty. In addition to the revocation or suspension of the permit, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 184, 6-8-2021)