§ 70.11 SPECIAL VEHICLE USE.
   (A)   Authorized use.
      (1)   Pursuant to the authority granted by M.S. § 169.045, use of motorized golf carts, mini-trucks, all-terrain vehicles or utility task vehicles are permitted within the city under the conditions set forth below.
      (2)   Only persons who have a valid permit issued by the city shall operate motorized golf carts, mini-trucks, all-terrain or utility task vehicles within the city on streets and alleys only.
      (3)   Motorized golf carts, mini-trucks, all-terrain and utility task vehicles are not authorized within the city on pedestrian paths, on bike trails, on public sidewalks, or in parks unless specifically permitted by the city.
      (4)   Class 1 all-terrain vehicles and motorized golf carts may cross Whitewater Avenue, State Highway 14 and 74, but may not drive on these roads within the city.
   (B)   General permit requirements.
      (1)   Each person desiring a permit for the operation of a special vehicle must submit an application to the Chief of Police with an application fee.
      (2)   Each applicant shall show evidence of insurance which meets the requirements of M.S. § 65B.48, subdivision 5, as it may be amended from time to time.
      (3)   The St. Charles Police Department shall inspect each motorized golf cart, all-terrain or utility task vehicle receiving a permit to ensure that each vehicle has a rear view mirror, a slow-moving vehicle sign attached to the rear of the vehicle, and that it is in generally good working condition.
      (4)   Motorized golf carts may only be operated between sunrise and sunset.
      (5)   Speed limit for all vehicles subject to this section is set at 15 mph in the city limits
      (6)   Each permit must be renewed every 2 years.
      (7)   Standard mufflers properly attached to the vehicle, which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe, or similar device on an vehicle. The apparatus shall not be audible for a distance more than 500 feet from the place or places where such devices or apparatus will be located.
      (8)   Brakes adequate to control the movement of and to stop and hold the vehicle under any condition of operation.
      (9)   At least 1 clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness and under normal atmospheric conditions, when the vehicle is operated between the hours of one-half hour after sunset to one-half hour before sunrise, or at times of reduced visibility. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. The vehicle shall also be equipped with at least 1 red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.
      (10)   A permit may be revoked at any time if it is shown that the permit holder cannot safely operate the motorized golf cart, mini-truck, all-terrain or utility task vehicle on the designated roadway, or if the permit holder has had a driver’s license revoked or suspended and is currently under revocation or suspension.
   (C)   General permit requirements for the handicapped.
      (1)   The general permit requirements as specified in division (B) above must be met.
      (2)   Each application shall be accompanied by a doctor’s certificate dated not more than 30 days prior to the application date certifying that the individual is capable of safely operating a motorized golf cart, all-terrain or utility task vehicle.
      (3)   This requirement shall be deemed satisfied if the applicant has been issued a motor vehicle permit for a handicapped person.
   (D)   Exceptions.
      (1)   Lawn and snow removal equipment. Provided the vehicle also complies with all other regulations above herein, and has a DNR “Public Use” registration tag; a vehicle otherwise defined as an all terrain vehicle in Minnesota Statutes, shall be allowed to travel on city streets and alleys (but not highways, except to cross); provided it is equipped with lawn-mowing or snow-removal attachments, and is being used only for either of those purposes between 5:00 a.m. and 10:00 p.m.
      (2)   For permitted city maintenance. Provided the vehicle also complies with all other regulations herein above, and has a DNR “Public Use” registration tag (if applicable); a vehicle otherwise defined as an all-terrain or utility task vehicle, shall be allowed to travel in city parks and on city paths and trails; provided it has been permitted for city maintenance, and is being used only for those purposes.
      (3)   For permitted emergency vehicle. Provided the vehicle also complies with all other regulations herein above, and has a DNR "Public Use" registration tag (if applicable); a vehicle otherwise defined as an all-terrain or utility task vehicle, shall be allowed to travel in city parks and on city paths and trails; provided it has been permitted for emergency vehicle, and is being used only for those purposes.
   (E)   Operation of vehicles by minors. Vehicle operators who are minors and who wish to operate vehicles within the city limits are subject to the following conditions, in addition to those required for adult operators:
      (1)   No minor under 16 years of age shall be permitted to operate an vehicle in the City of St. Charles.
      (2)   All minors at least 16 years of age but less than 18 years of age may operate an vehicle, subject to the restrictions set forth above, if the minor possesses a valid driver’s license and wears a safety helmet approved by the Commissioner of Public Safety.
      (3)   Effective January 1, 2006, anyone born after July 1, 1987, who is 16 years of age or older, must complete an independent study course component of vehicle safety training before operating a vehicle on public lands.
   (F)   City liability. Nothing in this section shall be construed as an assumption of liability by the city for any injuries to persons or property that may result from the operation of a motorized golf cart or 4-wheel all-terrain vehicle by a permit holder, or from the city’s failure to revoke a permit.
   (G)   Enforcement. The city may authorize any police officer or any other authorized representative of the law to issue a citation to any person, firm, or entity for any alleged violations of this section and any other ordinance or statute that provides the basis for prosecution of violations of this section. Nothing within this section shall be construed to limit the authority of police officers to enforce any provisions of this section or related statutes or ordinances. The police officer, or other official of the city, is authorized to issue a citation to any person, firm, or entity for any alleged violation of this section as often as each day the violation persists.
   (H)   Other requirements for operation. In addition to the provision of state statutes, no person shall drive or operate an all-terrain or utility task vehicle in the city:
      (1)   Upon the private property of another without the express written consent of such other person.
      (2)   In a careless, reckless or negligent manner to endanger the person or property of another or cause injury or damage thereon.
      (3)   With no more passengers than there are seats on the all-terrain or utility task vehicle to carry them. All passengers shall sit on the seats provided, with no infants or young children riding on laps.
      (4)   Without a rearview mirror as required under M.S. § 169.70.
      (5)   While towing a sled, toboggan, wagon, trailer or other object, unless the sled, toboggan, wagon, trailer or other object is attached to the all-terrain or utility task vehicle by a solid hitch.
(Ord. 416, passed 9-12-1996; Am. Ord. 526, passed 5-12-2009; Am. Ord. 576, passed 2-10-2015)