(A) Purpose and intent.
(1) (a) The purpose of this section is to provide reasonable regulations for the use of special and recreational motor vehicles on public and, in conformance with private property, in the city.
(b) This section is not intended to allow what the Minnesota Statutes prohibit or to prohibit what the Minnesota Statutes expressly allow.
(2) It is intended to ensure the public safety and prevent a public nuisance.
(B) Special vehicles: motorized golf carts, utility task vehicles, all-terrain vehicles, and mini-trucks.
(1) (a) No person shall operate a motorized golf cart, utility task vehicle, all-terrain vehicle, or mini-truck on streets, alleys, sidewalks or other public property without obtaining a permit as provided herein.
(b) Every application for a permit shall be made on a form supplied by the city and shall contain ail of the following information:
1. The name and address of the applicant.
2. The nature of the applicant's physical handicap, if any.
3. Model name, make, and year and number of the motorized golf cart, utility task vehicle, all-terrain vehicle, or mini-truck.
4. Current driver's license or reason for not having a current license.
5. Other information as the city may require.
(c) The annual permit fee shall be as set by resolution of the City Council.
(d) Permits shall be granted for a period of one year and may be renewed annually January 1 to December 31.
(e) No permit shall be granted or renewed unless the following conditions are met:
1.
The applicant must demonstrate that he or she currently holds or has held a valid Minnesota driver's license to operate a mini-truck.
2. The applicant may be required to submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart, utility task vehicle, all-terrain vehicle or mini-trucks on the roadways designated.
3. The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes concerning insurance coverage for the golf cart, utility task vehicle, all-terrain vehicle, or mini-truck.
4. The applicant has not had his or her driver's license revoked as the result of criminal proceedings.
(f) Motorized golf carts, utility task vehicles, all-terrain vehicles, and mini-trucks are permitted to operate only on city streets designated for use of such vehicles by approval of a resolution by a majority of the members of the City Council. Any area designated shall be published in the official newspaper of the city in a conspicuous place after the approval. If an area is changed, the change shall be published in like manner in the official newspaper of the city. An up-to-date map of any designated park areas open for special vehicle use shall be kept on file in the office of the City Administrator, who shall provide on request a copy of the map together with the applicable rules, regulations, and this section to each person requesting the information from the city.
(g) Except as allowed in division (B)(1)(o), motorized golf carts, utility task vehicles and all-terrain vehicles and mini-trucks may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.
(f) Motorized golf carts shall display the slow-moving vehicle emblem provided for in M.S. § 169.045, as it may be amended from time to time, when operated on designated roadways.
(g) Motorized golf carts, utility task vehicles, all-terrain vehicles, and mini-trucks shall be equipped with a rear-view mirror to provide the driver with adequate vision from behind as required by M.S. § 169.70.
(h) The operator of a motorized golf cart, utility task vehicle, all-terrain vehicle, or mini-truck may cross any street or highway intersecting a designated roadway.
(i) Every person operating a motorized golf cart, a utility task vehicle, an all-terrain vehicle, or a mini-truck under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of M.S. Ch. 169, as it may be amended from time to time, except when these provisions cannot reasonably be applied to motorized golf carts or mini-trucks and except as otherwise specifically provided in M.S. § 169.045(7), as it may be amended from time to time.
(j) The City Council may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of this section or M.S. Ch. 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the motorized golf cart, utility task vehicle, all-terrain vehicle, or mini-truck on the designated roadways.
(k) The number of occupants on the golf cart, utility task vehicle, all-terrain vehicle, or mini-truck may not exceed the design occupant load.
(l) A special vehicle may only be used for authorized work activity as designated on the operators permit.
(m) Snow removal shall be regarded as an authorized work activity so long as the permitted vehicle operator provides the Chief of Police with a list of snow removal locations and the vehicle has snow removal attachments such as a plow or blade attached to the vehicle. The vehicle used for snow removal shall display an illuminated safety amber light or a whip flag with a minimum height of five feet above the rear bumper of the vehicle. Permitted vehicles may operate between the hours of 5:00 a.m. and 10:00 p.m. and in inclement weather for purposes of snow removal.
(n) Special vehicles may not be operated in city parks.
(o) No special vehicle may be operated at a speed in excess of 20 mph.
(2) For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL-TERRAIN VEHICLES. All-terrain vehicle as defined in M.S. § 84.92 as now existing, or as modified hereafter, including Class 1 and Class 2 all-terrain vehicles.
MINI-TRUCK. As defined in M.S. § 169.01, subd. 40(a), a motor vehicle that has four wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an internal combustion engine with a piston displacement capacity of 660 cubic centimeters or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo area or bed located at the rear of the vehicle; and was not originally manufactured to meet federal motor vehicle safety standards required of motor vehicles in the C.F.R. Title 49, §§ 571.101 to 571.404, and successor requirements. A mini-truck does not include: a neighborhood electric vehicle or a medium-speed electric vehicle as defined in divisions (C) through (E) of this section; or a motor vehicle that meets or exceeds the regulations in the C.F.R. Title 49, § 571.500, as it may be amended from time to time.
MOTORIZED GOLF CART. Any passenger conveyance being driven with four wheels with four low-pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 800 pounds.
OPERATE. To ride in or on and control the operation of a vehicle referred to herein.
OWNER. A person, other than a person with a security interest, having a property interest in or title to an all-terrain vehicle and entitled to the use and possession of the vehicle.
PUBLIC PROPERTY. Any real property owned by the city, including but not limited to, all city parks, city recreational areas, city streets/roadways.
PUBLIC ROAD RIGHT-OF-WAY. The entire right-of-way of a public road, including the traveled portions, banks, ditches, shoulders, and medians of a street/roadway that is not privately owned.
SNOW REMOVAL. The process of shoveling, blowing, or plowing snow from roadways, sidewalks, driveways, and walkways.
UTILITY TASK VEHICLE. As defined by M.S. § 169.045, subd. 1(3), a side-by-side, four-wheel drive, off-road vehicle that has four wheels, is propelled by an internal combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less, and has a total dry weight of 1,800 but less than 2,600 pounds.
(3) Authorized city staff may operate city owned motorized golf carts, utility task vehicles, all-terrain vehicles and mini-trucks without obtaining a permit within the city on city streets, sidewalks, trails, rights-of-way, and public property when conducting city business.
(4) Mini-truck equipment requirements: A mini-truck may be operated under permit on designated roadways if it is equipped with all of the following:
(a) At least two headlamps.
(b) At least two tail lamps.
(c) Front and rear turn-signal lamps.
(d) An exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror.
(e) A windshield.
(f) A seat belt for the driver and front passenger.
(g) A parking brake.
(C) Operation of electric personal assistive mobility devices.
(1) Definition. ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE means a self-balancing device with two nontandem 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.
(2) Rights and responsibilities. Except as otherwise provided by law, a person operating an electric personal assistive mobility device has the rights and responsibilities of a pedestrian.
(3) Operation.
(a) An electric personal assistive mobility device may be operated on a bicycle path.
(b) No person may operate an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path at a rate of speed that is not reasonable and prudent under the conditions. Every person operating an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path is responsible for becoming and remaining aware of the actual and potential hazards then existing on the roadway or sidewalk and must use due care in operating the device.
(c) An electric personal assistive mobility device may be operated on a roadway only under the following circumstances:
1. While making a direct crossing of a roadway in a marked or unmarked crosswalk.
2. Where no sidewalk is available.
3. Where a sidewalk is so obstructed as to prevent safe use.
4. When so directed by a traffic control device or by a peace officer.
5. Temporarily in order to gain access to a motor vehicle.
6. An electric personal assistive mobility device may not be operated at any time on a roadway with a posted speed limit of more than 35 miles per hour except to make a direct crossing of the roadway in a marked crosswalk.
(d) An electric personal assistive mobility device may not be operated at any time while carrying more than one person.
(e) Designated exclusive city streets. The City Council may, by resolution, designate exclusive city streets within its jurisdiction where the operation of electric personal assistive mobility devices is not permitted, provided that any street so designated has a posted speed limit of more than 35 miles per hour.
(f) A person operating an electric personal assistive mobility device on a sidewalk must yield the right-of-way to pedestrians at all times. A person operating an electric personal assistive mobility device on a bicycle path must yield the right-of-way to bicycles at all times.
(g) An electric personal assistive mobility device may not be operated unless the device bears reflectorized material on the front, back, and wheels, visible at night from 600 feet when illuminated by the lower beams of headlamps of a motor vehicle.
(D) Motorized foot scooters.
(1) MOTORIZED FOOT SCOOTER means a device with handlebars 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. An electric personal assistive mobility device, a motorized bicycle, an electric-assisted bicycle, or a motorcycle is not a MOTORIZED FOOT SCOOTER.
(2) Operation of a motorized foot scooter on city bicycle paths, bicycle lanes, bicycle trails, or bikeways is prohibited except as provided in division (D)(3) below.
(3) The City Council may, by resolution, designate specific bicycle paths, bicycle lanes, bicycle trails, or bikeways as available for use by motorized foot scooters.
(4) Every person operating a motorized foot scooter shall have all rights and duties applicable to the operator of a bicycle, except in respect to those provisions relating expressly to motorized foot scooters and in respect to those provisions of law that by their nature cannot reasonably be applied to motorized foot scooters.
(5) No person may operate a motorized foot scooter upon a sidewalk, except when necessary to enter or leave adjacent property. No person may operate a motorized foot scooter that is carrying any person other than the operator.
(6) No person under the age of 12 years may operate a motorized foot scooter.
(7) No person under the age of 18 years may operate a motorized foot scooter without wearing properly fitted and fastened protective headgear that complies with standards established by the Commissioner of Public Safety.
(8) A motorized foot scooter must be equipped with a headlight and a taillight that comply with standards established by the Commissioner of Public Safety if the vehicle is operated under conditions when vehicle lights are required by law.
(9) A person operating a motorized foot scooter on a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway, except in the following situations:
(a) When overtaking and passing another vehicle proceeding in the same direction.
(b) When preparing for a left turn, in which case the operator shall stop and dismount at the right-hand curb or right edge of the roadway, and shall complete the turn by crossing the roadway on foot, subject to restrictions placed by law on pedestrians.
(c) When reasonably necessary to avoid impediments or conditions that make it unsafe to continue along the right-hand curb or edge, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes.
(E) Medium-speed electric vehicles and neighborhood electric vehicles.
(1) Definitions.
(a) MEDIUM SPEED ELECTRIC VEHICLE. An electrically powered four-wheeled motor vehicle, equipped with a roll cage or crushproof body design, that can attain a maximum speed of 35 miles per hour on a paved level surface, is fully enclosed and has at least one door for entry, has a wheelbase of 40 inches or greater and a wheel diameter of ten inches or greater, and except with respect to maximum speed, otherwise meets or exceeds regulations in the C.F.R. Title 49, § 571.500, and successor requirements.
(b) NEIGHBORHOOD ELECTRIC VEHICLE. An electrically powered motor vehicle that has four wheels, and has a speed attainable in one mile of at least 20 miles per hour, but not more than 25 miles per hour on a paved level surface.
(2) Prohibited acts. Operation of neighborhood electric vehicles on city streets is prohibited except as provided in division (E)(3) below.
(3) Use on designated exclusive city streets. The City Council may, by resolution, designate exclusive city streets within its jurisdiction where the operation of neighborhood electric vehicles or medium-speed electric vehicles is permissible, provided that no street so designated has a posted speed limit of more than 35 miles per hour.
(4) Operation permitted. A neighborhood electric vehicle or a medium-speed electric vehicle may be operated on public streets and highways only if it meets all equipment and vehicle safety requirements in C.F.R. Title 49, § 571.500, as it may be amended from time to time.
(5) Authorized city staff. Authorized city staff may operate city owned neighborhood electric vehicles and medium-speed electric vehicles within the city on city streets, sidewalks, trails, rights-of-way, and public property when conducting city business.
(F) Fee. The fee for the special use vehicle permits as per this section will be $40 per year and becomes effective with the remainder of this section.
(Ord. 203, 3rd Series, passed 2-9-2016; Res. 02-03-06, passed 2-9-2016)