2004-12
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ORDINANCE NO. 2004-12
AN ORDINANCE RELATING TO THE USE
OF RECREATIONAL MOTOR VEHICLES AND
OFF-ROAD VEHICLES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Chapter XIII of the Richfield City Code is amended to add the following new
Section 1355:
1355.01. Purpose. The purpose of this section is to provide reasonable regulations for the
use of recreational motor vehicles on public and private property in the City. This section
is not intended to allow what is prohibited under Minnesota Statutes nor is it intended to
prohibit what is expressly allowed under Minnesota Statutes.
1355.03. Definitions. For purposes of this section, the terms defined in this subsection
have the meanings given them.
Subdivision. 1. "Recreational motor vehicle" means any self-propelled vehicle,
power-assisted vehicle and any vehicle propelled or drawn by a self-propelled vehicle
powered by a motor having a piston displacement capacity of 25 cubic centimeters or less
or an electric motor that is incapable of propelling the vehicle at a speed in excess of 20
miles per hour on a flat surface, including but not limited to trail bike, mini-bike, go-cart,
motorized scooter, or motorized skateboard (also known as "powerboard").
Subd. 2. "Off-road vehicle" means any self-propelled vehicle, power-assisted
vehicle and any vehicle propelled or drawn by a self-propelled vehicle powered by a motor
having a piston displacement capacity of over 25 cubic centimeters or an electric motor
that is capable of propelling the vehicle at a speed in excess of 20 miles per hour on a flat
surface, including but not limited to all-terrain vehicle, hovercraft, or motor vehicle licensed
for highway operation that is being used for off-road recreational purposes.
1355.05.1. Exemptions. This section does not apply to:
(a) snowmobiles as defined in Minn. Stat. 984.81 and regulated by Minn. Stat. 9
84.81, et seq;
(b) licensed mopeds and motorized bicycles as defined by Minn. Stat. 9 169.01,
subd. 4a, and regulated by Minn. Stat. 99 169.222 - 169.223;
(c) electric personal assistive mobility devices (also known as "segways") as
defined in Minn. Stat. 9 169.01, subd. 90, and regulated by Minn. Stat. 9
169.212;
(d) electric-assisted bicycles as defined in Minn. Stat. 9 169.01, subd. 4b, and
regulated by Minn. Stat. 99 169.222 - 169.223; and
(e) wheelchairs as defined in Minn. Stat. 9 169.01, subd. 24a, and regulated by
Minn. Stat. 9 169.21.
1355.07. Prohibited Areas and Acts. It is unlawful for any person to operate a
recreational motor vehicle or off-road vehicle:
(a) On private property of another without specific written permission of the
owner of said property. Written permission may be given by a posted notice
of any kind or description that the owner, occupant, or lessee prefers, so long
as it specifies the kind of vehicles allowed, such as by saying "Recreational
Vehicles Allowed," "Trail Bikes Allowed," "All-Terrain Vehicles Allowed," or
words substantially similar.
(b) On publicly-owned land including school grounds, park property,
playgrounds, recreation areas and golf courses, except where permitted by
this section.
(c) 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.
(d) On a public sidewalk or walkway provided or used for pedestrian travel.
(e) At any place while under the influence of intoxicating liquor or narcotics or
controlled substances as defined by state law.
(f) At a rate of speed greater than reasonable or proper under all the
surrounding circumstances.
(g) At any place in a careless, reckless, or negligent manner so as to endanger
or be likely to endanger any person or property or to cause injury or damage
thereto.
(h) On any public street, highway, or right-of-way, unless licensed pursuant to
Minnesota law.
(i) To intentionally drive, chase, run over, or kill any animal, wild or domestic.
U) To operate or halt any recreational motor vehicle or off-road vehicle
carelessly or heedlessly in disregard of the rights or the safety of others, in a
manner so as to endanger or be likely to endanger any person or property or
in excess of 25 miles per hour on publicly-owned lands.
1355.09. Street crossinqs. No person under 14 years of age operating a vehicle regulated
by this section may make a direct crossing of any street, highway, or public right-of-way.
1355.11. Hours for use. The vehicles regulated by this section may be operated only
between the hours of 8:00 a.m. and 10:00 p.m.
1355.13. Minimum equipment requirements. All vehicles regulated under this section
must comply with the following equipment requirements. Subdivision 1. Mufflers.
Standard mufflers must be properly attached and in constant operation to reduce the noise
of the gasoline motor of any recreational motor vehicle or off-road vehicle to the minimum
necessary for operation. No person may use a muffler cutout, by-pass, straight pipe, or
similar device on a recreational motor vehicle motor; and, the exhaust system may not
emit or produce a sharp popping or cracking sound.
Subd. 2. Brakes. Brakes must be adequate to control the movement of the vehicle
and to stop and hold the vehicle under any conditions of operation.
Subd. 3. Lamps. At least one clear lamp must be attached to the front of the
vehicle 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. Such head
lamp must be so aimed that glaring rays are not projected into the eyes of an oncoming
vehicle operator. It must 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 the hours of darkness under normal atmospheric
conditions. This equipment is required and must be in operating condition when the
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vehicle is operated between the hours of one-half hour after sunset to one-half hour before
sunrise or at times of reduced visibility.
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1355.15. Desiqnation of public areas for use. Subdivision 1. Process. The City Council
may designate areas for use of recreational motor vehicles and off-road vehicles by
approval with a majority vote. The areas designated may be changed from time to time by
the City Council. Designated areas will be published in the official newspaper of the City in
a conspicuous place after such approval. If an area is changed, the change will also be
published in the official newspaper of the City.
Subd. 2. Map of desiqnated areas. A current map of designated areas open for
recreational motor or off-road vehicle use will be kept on file in the office of the City Clerk.
The City Manager will provide, on request, a copy of such map together with the applicable
rules, regulations, and this section to each person requesting such information from the
City.
Subd. 3. Park property. Unless designated by the City Council as an area for
recreational motor vehicles or off-road vehicles, use on City park property is unlawful. Use
in City parks designated by the City Council must be in accordance with all of the
applicable provisions of this section and the rules and regulations of the Director of
Recreational Services.
1355.17. Penalty. The following penalties apply to violations of this section. Subdivision
1. Misdemeanor. Violations of subsection 1355.07 (e), (g), (i) and 0) are punishable as a
misdemeanor.
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Subd. 2. Petty Misdemeanor. All other violations of this section are punishable as
a petty misdemeanor.
Adopted this 26th day of October, 2004.
ATTEST:
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newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi.
nancial Officer of the newspaper known as Sun-Current , and
has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. ~331A.02, ~331A.07, and other applic-
able laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each
week, for ~ successive week(s); it was first published on Thursday, the ~ day
of November. 2004, and was thereafter printed and published on every Thursday
to and including Thursday, the _ day of . 2004; and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which is herebyacknowl-
edged as being the size and kind of type used in the composition and publication of the
,..(
notice:
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Subscribed and sworn to or affirmed before me
on this ~ day of November. 2004.
Notal!ft; ~/! a-t<<-,
e
MARY ANN CARLSON
NOTARY PUBUC- MINNESOTA
MY COMMISSION EXPIRES 1-3H19
RATE INFORMATION
.~1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6.20 per line
(3) Rate actually charged
$
1.30 per line
City)fRie~eld.. ........ .
..(otficlaI Publi~tt9n).
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AN ORDiNANCE RELATIN . < . .... '.l
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~e CityNc~~cilofthe ~i~ O~Richfield~.is a~o~ted :
, an~ o. 2004-12. The ordinlin~ regulates the
~=~onaI motor ve~cles'8nd'o'ff-road vehicles. Th:
. th ' . "f' bliShes ~easonable regi!lations for
~cr 0 s v es on public and private property .
()rdin:~~t estsoli,fihes penaItiesfo.. violations ofth~
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