(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALL-TERRAIN VEHICLE or ATV. Trail bikes, amphibious vehicles and similar devices, other than snowmobiles, used at least partially for travel on natural terrain, but not “special mobile equipment” as defined in M.S. § 168.002, subd. 2, as it may be amended from time to time, which is hereby incorporated herein by reference.
MOTORIZED BICYCLE. A bicycle with fully operable pedals which may be propelled by human power or a motor, or by both, with a motor of a capacity of less than 50 cubic centimeters piston displacement, and a maximum of two break horsepower, which is capable of a maximum speed of not more than 30 mph on a flat surface with not more than 1% grade in any direction when the motor is engaged.
OPERATE. To ride in or on and have control of a recreational motor vehicle.
OPERATOR. The person who operates or is in actual physical control of a recreational motor vehicle.
OWNER. A person, other than a lienholder, having a property interest in, or title to, a recreational motor vehicle, who is entitled to the use or possession thereof.
RECREATIONAL MOTOR VEHICLE. Any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes, including, but not limited to, a motorized bicycle, all-terrain vehicle, snowmobile, hovercraft or motor vehicle licensed for highway operation which is being used for off-road recreational purposes.
SNOWMOBILE. A self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners.
(B) Recreational motor vehicle operating restrictions. It is unlawful for any person to operate a recreational motor vehicle as follows:
(1) On a public sidewalk or walkway provided or used for pedestrian travel;
(2) On private property of another without lawful authority or permission of the owner or occupant;
(3) On any lands owned or occupied by a public body or on frozen waters, including, but not limited to, school grounds, park property, playgrounds, recreational areas, private roads, platted but unimproved roads, utility easements, public trails and golf courses; provided, however, that, the Council may, by resolution, specifically permit use on city property, in which event the shortest route to and from areas so permitted shall be used;
(4) While the operator is under the influence of liquor or narcotics or habit-forming drugs;
(5) At a rate of speed greater than reasonable or proper under all of the surrounding circumstances;
(6) In a careless, reckless or negligent manner so as to endanger the person or property of another or cause injury or damage thereto;
(7) Towing any person or thing on a public street or highway, except through the use of a rigid tow bar attached to the rear of an automobile;
(8) At a speed greater than ten mph when within 100 feet of any lakeshore, except in channels, or of a fisherman, ice house, skating rink or sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property;
(9) 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;
(10) Chasing, running over or killing any animal, wild or domestic; and
(11) During the hours between 11:00 p.m. of one day and 7:00 a.m. of the day next following; except that, during these hours, a motorized bicycle, if otherwise lawfully operated, may be operated on a public street.
(C) Operation authorized.
(1) Operation of recreational motor vehicles is hereby authorized on the roadways of all city streets, city alleys, and the county roads that lie within city limits as per St. Louis County Ordinance 64, except as prohibited by resolution of the City Council, and only in strict compliance with this section.
(2) The City Council may by resolution close or restrict any specific city road, city alley or any county road that lies within the city to all-terrain vehicle use. In addition to the city’s customary publication requirements, the city will designate such closure on the city’s official all-terrain vehicle map which shall fulfill the legal requirements of appropriate public notice.
(D) Owner responsibility.
(1) It is unlawful for the owner of any recreational motor vehicle to permit its operation on private property without permission of the owner or occupant, on city property without the permission of the Council, or on other public property without permission of the body in charge thereof. For purposes of this section, the owner shall be conclusively presumed to have given permission unless the recreational motor vehicle so operated shall have been reported stolen to a law enforcement agency.
(2) Every person leaving a recreational motor vehicle in a public place shall lock the ignition, remove the key and take the same with him or her.
(E) Additional snowmobile operating regulations.
(1) It is unlawful for any person to operate a snowmobile upon the roadway, shoulder or inside bank or slope of any street or highway. Operation in the ditch or on the outside bank within the right-of- way of any street or highway, except interstate highways or freeways is permitted in conformance with state law and the city code, unless the roadway directly abuts a public sidewalk or walkway or property used for private purposes. Between the hours of one-half hour after sunset to one-half hour before sunrise, any operation may only be on the right-hand side of the street or highway and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto.
(2) A snowmobile may make a direct crossing of a street or highway, except an interstate highway or freeway; provided:
(a) The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing;
(b) The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway;
(c) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard;
(d) In crossing a divided street or highway, the crossing is made only at an intersection of the street or highway with another public street or highway; and
(e) If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
(3) No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicles or pedestrians which constitute an immediate hazard.
(4) Notwithstanding any prohibition in this section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical.
(5) No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this section and make a direct crossing thereof only if he or she has in his or her immediate possession a valid snowmobile safety certificate issued by the Commissioner of Conservation as provided by M.S. § 84.86, as it may be amended from time to time. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this division (E)(5).
(F) Snowmobile equipment. It is unlawful for any person to operate a snowmobile unless it is equipped with the following:
(1) Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with Regulation Cons. 55 which is hereby adopted by reference as it existed on 9-1-1970. No person shall use a muffler cut-out, by-pass, straight pipe or similar device on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling sound;
(2) Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of the operation;
(3) A safety or so-called “deadman” throttle in operating condition, so that when pressure is removed from the accelerator or throttle, the motor is disengaged from the driving track;
(4) At least one 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 under normal atmospheric conditions. The head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator, it shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions. The equipment to be in operating condition 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; and
(5) Reflective material at least 16 inches on each side, forward of the handlebars, so as to reflect or beam light at a 90-degree angle.
(Ord. passed - - )