73. RECREATIONAL VEHICLES

CHAPTER 73: RECREATIONAL VEHICLES

Section

73.01 Definitions

73.02 Motor vehicle registration and license required

73.03 Unauthorized use of motor vehicles

73.04 Traffic ordinances apply

73.05 ATVs and golf carts

73.06 Off-highway motorcycles

73.07 Snowmobiles

73.08 Unlawful acts

73.09 Required equipment

73.10 Unattended vehicle

73.11 Emergency operation

73.12 Animals

73.13 ATV and golf cart operations during Downtown Oronoco Gold Rush Days

§ 73.01 DEFINITIONS.

For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.

ALL TERRAIN VEHICLE or ATV. Refers to “trail bikes”, “mini bikes”, “off‑highway motorcycles”, amphibious vehicles and similar devices other than snowmobiles used at least partially for travel on natural terrain but not "tractor" as defined in M.S. § 168.002, subd. 34, as it may be amended from time to time.

CITY. All references in this chapter shall apply to the area within the corporate limits of the City of Oronoco.

DEADMAN THROTTLE or SAFETY THROTTLE. A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism.

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.

NATURAL TERRAIN. Areas other than roadways or driveways (private or public), parking lots and other areas, the surface of which has been intentionally modified for motor vehicle operation thereon.

OFF-HIGHWAY MOTORCYCLE. A motorized, off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under M.S. Ch. 168, as it may be amended from time to time, for highway use if it is also used for off-highway operation on trails or unimproved terrain.

OPERATE. To ride in or on and control the operation of a snowmobile or ATV.

OPERATOR. Every person who operates or is in actual physical control of a snowmobile or ATV.

OWNER. A person, other than a lienholder, having the property in or title to snowmobile or ATV, entitled to the use or possession thereof.

RIGHT-OF-WAY. The entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes.

ROADWAY. Any portion of a highway or street designed or ordinarily used for vehicle travel.

SNOWMOBILE. A self-propelled vehicle designed for travel on snow or ice or a natural terrain steered by wheels, skis or runners.

STREET. A public thoroughfare, roadway, alley or trail used for motor vehicle traffic which is not an interstate, trunk, county state aid or county highway.

UTV (UTILITY VEHICLE or UTILITY TASK VEHICLE). As defined by M.S. § 169.045, subd. 1(3), as it may be amended from time to time, 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.

(Ord. passed - -2018)

§ 73.02 MOTOR VEHICLE REGISTRATION AND LICENSE REQUIRED.

Except as specifically permitted and authorized in this chapter, it is unlawful for any person to operate a snowmobile, ATV or golf cart that can be registered and licensed as a motor vehicle with the Department of Motor Vehicle within the city and permitted with the city, if a permit is applicable.

(Ord. passed - -2018) Penalty, see § 10.99

§ 73.03 UNAUTHORIZED USE OF MOTOR VEHICLES.

Except as specifically permitted and authorized by city staff in this chapter, it is unlawful for any person to operate a snowmobile, ATV and golf cart within the limits of the city on:

(A) The portion of any right-of-way of any public highway, street, road, trail or alley used for motor vehicle travel, except they may operate upon the most right hand lane of a municipal street or alley unless otherwise herein or hereafter restricted, and may, in passing or making a left turn, operate on other lanes which are used for vehicle traffic in the same direction, for purpose of going to or returning from a non‑highway area of permissible operation, by the most direct route; and they may also be operated upon the ditch bottom or the outside bank of trunk, county, state‑aid, and county highways are so configured within the corporate limits;

(B) A public sidewalk provided for pedestrian travel;

(D) Private property of another without specific permission of the owner or person in control of said property; or

(E) School property, municipal parks, municipal recreation areas, cemeteries and on any other public lands and properties, except as may be specifically permitted by other provisions of the city ordinances.

(Ord. passed - -2018) Penalty, see § 10.99

§ 73.04 TRAFFIC ORDINANCES APPLY.

Traffic laws shall apply to the operation of snowmobiles, ATVs, UTVs and golf carts upon city streets, except for those relating to required equipment, and except those which by their nature have no application.

(A) Intersections. No snowmobile, ATV, UTV and golf cart shall enter any intersection without yielding the right-of-way to any vehicles or pedestrians, which are at the intersection, or so close to the intersection as to constitute an immediate hazard.

(B) Operation. In the event that the operating individual’s license has been suspended or revoked as a result of criminal charges, it is unlawful to operate a snowmobile, ATV, UTV or golf cart during the period in which the license has been revoked or suspended.

(Ord. passed - -2018) ) Penalty, see § 10.99

§ 73.05 ATVS AND GOLF CARTS.

(A) Permit application. No person shall operate a motorized golf cart or ATV on any street within the city without obtaining a permit as provided in this chapter.

(1) Every application for a permit shall be made on a form supplied by the city and shall contain all of the following information:

(a) Application date;

(b) Applicant’s name and address;

(d) 1. Applicant must be at least 18 and possess a valid driver’s license.

2. If the applicant does not possess a valid driver’s license, the applicant must submit a certificate signed by a licensed physician that applicant is able to safely operate an all-terrain vehicle or motorized golf cart;

(e) 1. Proof of insurance, company and policy number for the operation of the all-terrain vehicle or motorized golf cart; and

2. Applicant shall carry insurance that is equivalent to motorcycle insurance;

(f) Applicant must have proof of DNR registration for ATVs; and

(g) Other information as the city may require.

(2) The permit fee shall be as set forth by the fee schedule adopted pursuant to § 33.01 of this code of ordinances, as that ordinance is amended yearly.

(3) Permits shall be granted for a period of two years and may be renewed.

(4) No permit shall be granted or renewed unless the following conditions are met within this section.

(B) Rules of operation.

(1) All-terrain vehicles or motorized golf carts are allowed to operate on city streets if the owner obtains a permit under this chapter. Permits shall be valid for a period not to exceed two years and may be renewed at the expiration of each permit period.

(2) All-terrain vehicles are not required to obtain a permit if they are being utilized to clear snow from sidewalks and/or driveways from the operator’s property or from neighbors within 350 feet of the operator’s property.

(3) All-terrain vehicles are not required to obtain a permit if they are being utilized to drag a ball field.

(4) A person who has been granted a permit by the city shall have the permit in possession while operating the all-terrain vehicle or motorized golf cart.

(5) All‑terrain vehicles, utility vehicles or motorized golf carts may be operated on city streets only between sunrise and sunset unless equipped with original equipment headlights, taillights, and rear‑facing brake lights.

(6) No person shall operate an all-terrain vehicle, utility vehicle or motorized golf cart in inclement weather or when visibility is impaired.

(7) All-terrain vehicles or motorized golf carts shall display the slow-moving vehicle emblem provided for in M.S. § 169.522, as it may be amended from time to time.

(8) Operators of all-terrain vehicles, utility vehicles, or motorized golf carts shall obey all traffic laws, except those which by their nature have no application, when traveling on city streets. All-terrain vehicles or golf carts shall operate on the far right-hand side of the road or shoulder.

(9) No towing of people is allowed.

(10) Permitted all-terrain vehicles, utility vehicles or motorized golf carts may only carry the number of passengers for which the vehicle is designed.

(11) All-terrain vehicles or motorized golf carts must be operated on the extreme right-hand side of the roadway and no faster than 20 miles per hour.

(12) No person operating a motorized golf cart or ATV under this chapter shall cross highways or roads that are considered to be a county or township road.

(13) The permit holder is not allowed to drive golf carts or all-terrain vehicles on the city’s walking/bike trail system and/or sidewalks.

(14) Authorized city staff may operate city-owned motorized golf carts, ATVs and utility vehicles without obtaining a permit within the city on city streets, sidewalks, trails, rights‑of‑way, and public property when conducting city business.

(C) Limitation of liability. Nothing in this chapter shall be construed as an assumption of liability by the city for any injuries to persons or property which may result from the operation of a motorized golf cart or ATV by a permit holder, granting of such permit, or the failure by the city to revoke said permit.

(D) ATVs youthful operators; prohibitions.

(1) Except for operation on public right-of-ways that are permitted under M.S. § 84.928, as it may be amended from time to time, a driver’s license issued by the state or another state is required to operate an ATV along or on a public right-of-way.

(2) A person under 12 years of age shall not:

(a) Make a direct crossing of a public road right-of-way;

(b) Operate an ATV on a public road right-of-way in the state; or

(3) Except for public right-of-ways of interstate highways, a person at least 12 years of age but less than 16 years may make a direct crossing of a public right-of-way of a trunk, county state aid, or county highway or operate on public lands and waters, only if that person possesses a valid ATV safety certificate issued by the Commissioner and is accompanied on another ATV by a person 18 years of age or older who holds a valid driver’s license.

(4) ATV safety certificates issued by the Commissioner to persons 12 years old, but less than 16 years old, are not valid for machines in excess of 90cc engine capacity.

(E) Helmet required. A person less than 18 years of age shall not operate an ATV on public land, public waters or on a public road right-of-way unless wearing a safety helmet approved by the Commissioner of Public Safety.

(F) Owner’s duties. It is unlawful for any person who is in lawful control of an ATV to permit it to be operated contrary to this section.

(Ord. passed - -2018) Penalty, see § 10.99

§ 73.06 OFF‑HIGHWAY MOTORCYCLES.

(A) Generally.

(1) A person less than 16 years of age operating an off-highway motorcycle on public lands or waters must possess a valid off-highway motorcycle safety certificate issued by the Commissioner.

(2) Except for operation on the public road right-of-ways that is permitted under M.S. § 84.795, subd. 1, as it may be amended from time to time, a driver’s license issued by the state or another state is required to operate an off-highway motorcycle along or on a public road right-of-way.

(3) A person under 12 years of age may not:

(a) Make a direct crossing of a public road right-of-way;

(b) Operate an off-highway motorcycle on a public road right-of-way in the state; or

(c) Operate an off-highway motorcycle on public lands or waters unless accompanied on another off-highway motorcycle by a person 18 years of age or older.

(4) Except for public right-of-ways of interstate highways, a person less than 16 years may make a direct crossing of a public right-of-way of a trunk, county state aid, or county highway or operate on public lands and waters, only if that person possesses a valid ATV safety certificate issued by the Commissioner and is accompanied on another off-highway motorcycle by a person 18 years of age or older who holds a valid driver’s license.

(5) A person less than 16 years of age may operate an off-highway motorcycle on the public road right-of-ways in accordance with M.S. § 84.795, subd. 1(a), as it may be amended from time to time, only if that person is accompanied on another off-highway motorcycle by a person 18 years of age or older who holds a valid driver’s license.

(B) Helmet required. A person less than 18 years of age may not operate an off-highway motorcycle on public land, public waters or on a public road right-of-way unless wearing a safety helmet approved by the Commissioner of Public Safety.

(C) Owner’s duties. An owner of an off-highway motorcycle may not knowingly allow it to be operated contrary to this section.

(D) Eye protection required. A person may not operate an off-highway motorcycle without an eye protective device.

(Ord. passed - -2018) Penalty, see § 10.99

§ 73.07 SNOWMOBILES.

(A) (1) Notwithstanding anything in M.S. §8 4.87, as it may be amended from time to time, to the contrary, no person under 14 years of age shall make a direct crossing of a trunk, county state aid, or county highway as the operator of a snowmobile, or operate a snowmobile upon a street or highway within a municipality.

(2) A person 14 years of age or older, but less than 18 years of age, may make a direct crossing of a trunk, county state aid, or county highway only if the person has in immediate possession a valid snowmobile safety certificate issued by the Commissioner or a driver’s license or identification card with a valid snowmobile qualification indicator issued under M.S. §171.07, subd. 12, as it may be amended from time to time.

(B) Notwithstanding M.S. § 84.862, as it may be amended from time to time, no person under the age of 14 years shall operate a snowmobile on any public land, public easement, or water or grant‑in‑aid trail unless accompanied by one of the following listed persons on the same or an accompanying snowmobile, or on a device towed by the same or an accompanying snowmobile: the person’s parent, legal guardian, or other person 18 years of age or older designated by the parent or guardian. However, a person 12 years of age or older but under the age of 14 may operate a snowmobile on public lands, public easements, and waters or a grant‑in‑aid trail if the person has in immediate possession a valid snowmobile safety certificate issued by the Commissioner or an identification card with a valid snowmobile qualification indicator issued under M.S. § 171.07, subd. 12, as it may be amended from time to time.

(1) 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;

(2) Is brought to a complete stop before crossing the shoulder or main traveled way;

(3) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard;

(4) 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; or

(5) 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, then only if both front and rear lights are on.

(D) No person under the age of 18 shall operate or ride a snowmobile in this state without wearing protective headgear that complies with standards established by the Commissioner of Public Safety. The provisions of this division (D) shall not apply to persons during their participation in a parade that has been granted a permit or other official authorization by a local unit of government or to a person operating a snowmobile on land that is owned by the person’s parents, grandparents, siblings, uncles or aunts.

(E) It is unlawful for any person who is the owner or in lawful control of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section.

(Ord. passed - -2018) Penalty, see § 10.99

§ 73.08 UNLAWFUL ACTS.

It is unlawful for any person to operate a snowmobile, ATV or UTV not licensed for highway use or licensed for highway use when operating on natural terrain, within the limits of the city:

(A) At any place, while under the influence of alcohol or drugs as defined in M.S. Ch. 169A, as it may be amended from time to time, which is hereby incorporated herein by reference;

(B) At a rate of speed greater than 20 miles per hour;

(C) At any place in a careless, reckless or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property;

(D) At no time shall any snowmobile be driven closer than 30 feet from any residence in the city;

(E) So as to tow any person or thing in a public street or highway except through the use of a rigid tow bar attached to the rear of the snowmobile, ATV or UTV that is in compliance with Minnesota Rules and law;

(F) Within 100 feet of any fisherman or pedestrian not on a snowmobile or an ATV or within 100 feet of a skating rink or sliding area where such operations would conflict with the use of the property or endanger other persons;

(G) Without a lighted headlight and taillight;

(H) In any trees, nursery or planting that damages or destroys growing stock or on any private property without the permission of the owner thereof;

(I) At no time shall a snowmobile, UTV or ATV be driven on the private property of another without the specific permission of the owner or person living on the said property; and

(J) With more persons on the snowmobile, UTV or ATV than it was designed for.

(Ord. passed - -2018) Penalty, see § 10.99

§ 73.09 REQUIRED EQUIPMENT.

It is unlawful for any person to operate a snowmobile, UTV or ATV any place within the limits of the city unless it is equipped with the following:

(A) Standard mufflers which are properly attached and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, bypass, straight pipe or similar device on a snowmobile, UTV or ATV. 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;

(B) Brakes adequate to control the movement of and to stop and hold the snowmobile, UTV or ATV under any condition of operation;

(C) A safety or so-called “deadman” throttle in operating condition. This division (C) is only intended to apply to snowmobiles;

(D) When operated between the hours of one‑half hour after sunset to one‑half hour before sunrise, or at times of reduced visibility, 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 and under normal atmospheric conditions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile, UTV or ATV operator. It shall also be equipped with at least one 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; or

(E) Reflective material at least 16 square inches on each side, forward of the handlebars or steering device of a snowmobile, UTV or ATV and at the highest practical point on any towed object, as to reflect light at a 90-degree angle.

(Ord. passed - -2018) Penalty, see § 10.99

§ 73.10 UNATTENDED VEHICLE.

Every person leaving a snowmobile, UTV or ATV on a public place shall lock the ignition, remove the key and take the same with him or her.

(Ord. passed - -2018)

§ 73.11 EMERGENCY OPERATION.

Notwithstanding any prohibitions in this chapter, a snowmobile or ATV 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, and/or during times of an emergency declared by the city, the Sheriff’s Department, or the Mayor.

(Ord. passed - -2018)

§ 73.12 ANIMALS.

It is unlawful to intentionally drive, chase, run over or kill any animal with a snowmobile, ATV, UTV, or golf cart.

(Ord. passed - -2018) Penalty, see § 10.99

§ 73.13 ATV AND GOLF CART OPERATIONS DURING DOWNTOWN ORONOCO GOLD

RUSH DAYS.

Hauling and/or product delivery require a hauling permit during Downtown Oronoco Gold Rush Days.

(A) Permit. The permit must be obtained at city hall no later than the first day of the event, during regular business hours and to be able to haul over the weekend.

(B) Violation. Violating these terms will result in revoking the permit and/or not being able to obtain a permit for future events.

(Ord. passed - -2018)