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HomeMy WebLinkAboutOrdinance - 148 - Regulating the Operation of Snowmobiles - 01/26/1971 VILLAGE OF EDEN PRAIRIE ORDINANCE NO. 148 5 AN ORDINANCE REGULATING THE OPERATION OF SNOWMOBILES. The Village Council of the Village of Eden Prairie ordains as follows: 4 Section 1 a . Ordinance No. 140 is hereby repealed. Section 1 b . DEFINITIONS. For the purposes of this Ordinance the terms defined herein shall have the following meanings ascribed to them. # Subdivision 1. "Person" includes an individual, partnership, corporation, the state and its agencies and subdivisions and any body of persons , whether incorporated or not. Subd. 2 . "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels , skis or runners . Subd. 3 . "Owner" means a person, other than a lien holder having the d property in or title to snowmobile entitled to the use or possession thereof. Subd. 4. "Operate" means to ride in or on and control the operation of a snowmobile. Subd. 5 . "Operator means every person who operated or is in actual physical control of a snowmobile . Subd. 6 . "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder. Subd. 7 . Street or highway" means the entire width between boundary lines of any way or place when any part thereof is open to the use of the }public, as a matter of right, for the purpose of vehicular traffic. Subd. 8 . "Right of Way" means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes . Subd. 9 . "Safety or deadman" throttle is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track Section 2 . OPERATION ON STREETS AND HIGHWAYS Subdivision 1. No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any trunk, county state aid, county high- way in this Village and in the case of a divided trunk or county highway, on the right of way between the opposing lanes of traffic. ,No person shall operate a snowmobile within the right of way of any trunk, county state aid, or county highway between the hours of one-half hour after sunset to one-half hour before sunrise, except on the outside slope or ditch of such right- of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate highway or freeway within the state . Subd. 2 . No person shall operate a snowmobile upon the roadway of any Village street except for the purpose of direct travel from the persons home to the closest snowmobile area by the shortest possible route and then only if travel on the adjacent street right-of-way is restricted be- cause of developed yards or physical barriers . Subd. 3 . A snowmobile may make a direct crossing of a highway or street except an interstate highway or freeway, provided: a. The crossing is made at an angle of approximately 90 degrees to the direction of the highway or street 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 or street. C. The driver yields the right-of-way to all oncoming roadway traffic, d. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another ' public street or highway. e. If the crossing is made between the hours of one-half hour a,aer sunset to one-half hour- before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. Subd. 4. No snowmobile shall be operated on streets or highways at a speed exceeding 10 miles per hour. Subd. S . No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right-of-way to any vehicels or pedestrains. Subd. 6 . Notwithstanding any prohibition in this Ordinance, a snowmobile may be operated on a public throughfare in an emergency during the period of time when and at locations where snow upon the roadway renders travel by automobile impractical. Section 3 . OPERATION GENERALLY. Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the Village of Eden Prairie: { -2- 4 i Subd. 1. On a public sidewalk or walkway provided or used for pedestrain travel Subd. 2 . On private property of another without lawful authority or consent of the owner or occupant . Subd. 3. On any publicly owned lands and frozen waters, including but not limited to school grounds, park property, playgrounds , recreation areas , golf courses and lakes except areas previously listed or authorized for such use by the proper public authority, in which case such use should be lawful r and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the Village of Eden Prairie owned and/or regulated by the Village including frozen waters shall be designated by Council resolution. Operation on public lands and frozen waters where authorized 4 will be regulated by the provisions of this ordinance governing operation on streets and highways , except as follows: F a . Maximum speed limits will be enforced as follows: Publi c lands 30 mph Frozen Waters 50 mph s Subd. 4. At any place, while under the influence of intoxicating liquor or M narcotics or habit forming drugs . Subd. 5 . At a rate of speed greater than reasonable or proper under all the surrounding circumstances . Racing is prohibited unless speciffically authorized ,_. as a part of an organized event by permit issued by the Village Manager. Subd. 6 . At any place in a careless , reckless , or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. Subd. 7 . To tow any person or thing on a public street or highway except through the use of a rigid tow bar attached to the rear of the snowmobile . Subd. B. At a speed greater than ten miles an hour when within 100 feet of any lakeshore, except in channels, or of fishermen, ice house or skating rinks , nor shall operation be permitted within 100 feet of any sliding area , nor where the operation would conflict with the lawful use of property or would endanger other persons or property. Subd. 9 . In a manner so as to create a loud, unnecessary or unusual noise which disturbs , annonys or interferes with the peace and quiet of other persons. Subd. 10. During the hours from 11:0 0 p.m. to 7-,0 0 a. m. of any day except as a means of transportation to the residence of the operator and then at a reduced speed. Section 4. EQUIPMENT. It is unlawful for any person to operate a snowmobile any place within the limits of the Village of Eden Prairie unless it is equipped with the following: -3- Subd. 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 September ' 1, 1970. No person shall use a muffler cutout, 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. Subd. 2 . Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation . Subd. 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. Subd. 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 doncitions . Such a 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. Subd. 5 . Reflective material at least 16 square inches on each side, forward of the handlebars , so as to reflect or bean light at a ninety degree angle . Section 5 . APPLICATION OF OTHER LAWS. Village traffic ordinances shall apply to the operation of snowmobile upon streets and highways , and Minnesota Statutes 1969 , Sections 84. 81 to 84. 88 , and Minnesota Statutes 1969, Chapter 169 except for those provisions relating to required equipment, are hereby adopted by reference , except those provisions which by their nature have no application. Section 6 . PERSONS UNDER 18 . Subd. 1. No person under 14 years of age shall operate on streets, highways , public lands or frozen water 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, highways , public lands or frozen waters as permitted under this ordinance and make a direct crossing of a street or highway only if he has in his immediate possession a valid snowmobile safety certificate issued by the commissioner of conservation as provided by Minnesota Statutes 1969 , Section 84,86 . Subd. 2 . It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. { i -4- Section 7 . LEAVING SNOWMOBILE UNATTENDED, Every person leaving a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. a Section 8 . CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile. Section 9 . VIOLATIONS. Every person convicted of a violation of any of the provisions of this ordinance shall be punished by a fine of not more than three hundred dollars ($300. 00) or by imprisonment for a period of not more than ninety (90) days, or both but in either case the costs of prosecution may be added. Section 10 . SEVERABILITY. Should any section, subdivision, clause or other provision of this ordinance be held to be invalid by a court of competent 1 Jurisdiction, such decision shall not affect the validity of the ordinance as a whole, or of any part thereof, other than the part held to be invalid. Section 11. EFFECT. This ordinance shall be published in the Eden Prairie Sun Newspaper and shall be effective upon publication. Adopted by the Village Council of the Village of Eden Prairie th is 26th day of January 19 71 . =4; Mayor 6� Attest: Clerk �r Published in Sun Newspaper on FE . 4th & 11 19 71 SUN EWSPAPERS .. AFFIDAVIT OF PUBLICATION ' Minnetonka - Eden Prairie Sun - � 6601 W. 78th St. Bloomington, Minnesota ,4 - � F State of Minnesota ss. County of Hennepin , t J. R. RITCRAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known as The Minnetonka-Eden Prairie l Sun and has full knowledge of the facts herein stated as follows: (1) Said newspaper is 4 gPrinted 1n the English language in newspaper format and in column and sheet form equivalent in printed apace to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 M of its news columns devoted to news of local ' Interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total -' circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post-office. (5) Said newspaper --ppurports to serve the City of Minne- tonka tonka and Village of Eden Prairie In Hennepin County and it has its known, office of issue In the City of Bloomington in Hennepin County, established and open during its regular ,4 business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular " ( business hours to the business of the newspaper and business related thereto. (6) Said newspaper s files a copy of each issue immediately with the State Historical Society, (7) Said newspaper has complied with all foregoing conditions for at least two years preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of y Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn z +7¢ r . to before a notary public stating that the newspaper is a legal newspaper. He further states on oath that the printed Ordinance no* 148 hereto attached as a art hereof was cut from the columns of said newspaper, and ted P was grin � and published therein in the English language, once each week, for___Y111—_successive weeks; g * that it was first so published on thur, the tlth day of Feb. "� ` and was thereafter printed and published on every thuro to and including k' 5 � [} � the 1 l t.h day of FAh- 19-22 and that the following Is a printed copy of the lower case alphabet from A to Z, -votl: inclusive, and is hereby acknowledged as being ` the size and kind of type used in the composition and publication of said notice, to-wit: : abedefghijklmnopgrstuvwscyz a hcde(S h i j k i m nopq rst u vwxys START OF RETAKE i The images appearing between this point and the End of Retake target are true, accurate, and complete copies of records that previously were not filmed or were filmed incorrectly. { � k4 UN E;WSPAPE� � �r `..6 AFFIDAVIT OF PUBLICATION . Minnetonka - Eden Prairie Sun { 6601 W. 78th St. Bloomington, Minnesota State of Minnesota n Couy of Hennepin } ss. nt J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated �. has been the vice president and printer of the newspaper known as The Minnetonka-Eden Prairie Sun and has full knowledge of the facts herein stated as follows: il) Said newspaper is printed in r 4� the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least 4 . once each week. (3) Said newspaper has 5017, of its news columns devoted to news of local4 interest to the community which it purports to serve and does not wholly duplicate any other Y �' publication and is not made up entirely of patents, plate matter and advertisements. (4) Said y newspaper is circulated in and near the muntrinality which (t. purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75:'o of its total circulation currently paid or no more than three months in arrears and has entry as second- class matter in its local post-office. 15) Said newspaper purports to serve the City of Minne- tonka and Village of Eden Prairie in Hennepin County and it has its known office of issue In the City of Bloomington in Hennepin County, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of suhscriptions and maintained by the managing officer or persons in its employ and subject to his direction and , control during all such regular business hours and devoted exclusively durtng such regular business hours to the business of the newspaper and business related thereto. (6) Said newspaper a s", Wes a copy of each issue immediately with the State Historical Society. (7) Said newspaper has cnmplied with all foregoing conditions for at least two years preceding the day or date$ of d,,.arba:x publication mentioned below. (8) Said newspaper has filed with the Secretary of State of � Minnesota prior to January 1. 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper. s ` He further states on oath that the printed. Ordinance no, 148 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed a4z, and published therein in the English language, once each week, for tid0 successive weeks; s' that it was first so published on t�]ur. the L th day of Feb. ! �f 7 and was thereafter printed and thur• 3 published on every to and including 1 1�h ,—the day of FPt`I_ - 19_n and that the following is a printed copy 1V of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being w the size and kind of type used in the composition and publication of said notice, to-wit: �r«��-�--------�----- abcdefghijklmnopgrstuvwxyz * abcdefithilklmnopgntuvwrn X. r nk �7 5 �� Subscribed and sworn to before me this llth day of Feb. 1g r l ' (Notarial Seal) a Alice: J. Nelson, Notary Public, nnepin County, Minn. � l My Commission. Expires December 26, 1973 i :c