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1970-33Bi11 No. 1970-33 AMENDMENT TO CHAPTER V, PART IV, OF THE ORDINANCE CODE OF THE CITY OF RICHFIELD CITY OF RICHFIELD DOES ORDAIN: The following section shall be added to Chapter V, Part IV, of the ordinance code of the City of Richfield, Minnesota, after Section 5.36 thereof: "5.37 SNOWMOBILES. Subdivision 1. Definitions. For the purposes of this ordinance the terms defined herein shall have the following meanings ascribed to them. (1) 'Person' includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not. (2) 'Snowmobile' means a self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners. (3) 'Owner' means a person, other than a lien holder having the property in or title to snowmobile entitled to the use or possession thereof. (4) 'Operate' means to ride in or on and control the operation of a snowmobile. (51 'Operator' means every person who operates or is in actual physical control of a snowmobile. (6) 'Roadway' means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, (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 purposes of vehicular traffic, (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, (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. Subd, 2. Operation on Streets and Highways, No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any street or highway within the city. 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 city ordinances, unless the roadway directly abuts a public sidewalk or walkway or property used far 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 such street or highway and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. Subd. 3. Crossings, A snowmobile ma y make a direct crossing of a street or highway excep t an interstate highway or freeway, provided: (1) The crossing is made at an ang le of app roximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe c rossing. (2) The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highwa y. 2 ~3) The driver yields the right of way to a.11 oncoming. .traffic which con- stitutes 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. (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, only if both front and rear lights are on. Subd. 4. Emergencies, Notwithstanding any prohibition in this ordinance, 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. Subd. 5. Operation Generally, Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the city: (1) On a public sidewalk or walkway provided or used for pedestrian travel. (2) On private property of another without lawful authority or consent of the owner or occupant, (3) At any place, while under the influence of intoxicating liquor or narcotics or habit-forming drugs. (~)_ At a rate of speed greater than reasonable or proper under all the surrounding circumstances. (5) endanger the At an person y place in a or property careless, reckless or negligent manner so as to of another or to cause injury or damage thereto. (6) So as to tow any person or thing on a public street or highway except through use of a ri gid tow bar attached to the rea r of the snowmobile, (7) 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, (8) Durin g the hours from 11:00 p.m. to 7:00 a.m, of any day. Subd. 6. Equipment, It is unlawful for anv person to operate snowmobile an place within the limits of the city 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 September 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 cr.~scking sound, (2) Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of 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, Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle opera- tor. It shall also be equipped with at least one red tail 1~amp 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. (5) Reflective material at least 16 square inches on each side, forward of the handlebars, so as to reflect or beam light at a ninety degree angle, - 3 - Subd, 7, Application of Other Laws. Minnesota Statutes 1969, Sections 84,81 to 84,88, and Minnesota Statutes 1969, Chapter 169 are hereby adopted by reference, except those provisions which by their nature have no application, Subd, 8, Persons Under 18, (1) 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 I4 ~7ears of age or older, but less than 18 years of age, may make a direct crossing thereof 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. (2) It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section, Subd. 9, 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, Subd, 10. Chasing Animals Forbidden, It is unlawful to intentionally drive, chase, run over or kill any animal, wild or domestic, with a snowmobile." Passed by the City Council of the City of Richfield, Minnesota, this 2~$th day of December 1970. 1 Attest: Clerk t~ ;, . C ,; t .__ ;~~ ~ ~..W ~, _~__.~ . ~,~ '~ ~ '~ - ~~ Mayor 1 me a ., w.,g Chapter V VPart. 1V ~of the ordinance code of ~, the City of Richfield, Minnesota, after Section 5.36 thereof: "5.37 SNOWMOBILES. Subdivision L Definitions. For.the purposes of this ordinance the terms defined herein shah have the following meanings ascribed to them. 111 'Person' includes an individual, part- nership corporation, thestate and its agen- cies and subdivisions, and any body of per- ~i sons whether incorporated or not. '~ sUN NEWSPAPERS ! I'ZI `Snowmobile' means a seH-propelled vehicle designed for travel on snow or ice or ~ natural terrain steered b wheels, skis or rannpra. ~- , .:, , ' ~' f31 'Ohala° du~N'a AFFIDAVIT OF PUBLICATION '~. finder k«a1r ~,~ ., '; tan 131 At any place, while under the ioflu• ' I~`. ,.,.,.. ence of intoximting liquor or narcotics or 6 ~, ~r-~ 1 1 Operate means 4o ride fn or on and habit-forming drugs. ~t+~ ^ . ~~~ ~ ~ ~ ~~ ~ ~ T ~ control the operation of a snowmobile. 141 At a rate of speed greaflk tkaa rea- ,2yo/„~pg K U (51 'Operator' means every person wbo sorable or proper dueler a1L fie' lwiiroa°din6 operates or is in actual physical control of a circumatancea..~ - ' .c}'". snowmobile. 151 At aa~p~"'!".i~>t ens or 161 `Roadway' means that portion of a aegJBgemt,,~la ~. Per-' highway improved, designed, or ordinarily soh ~Or. ~ ''taiary ~'0~ w. Tath S}, B~pp used for vehicular travel, including the shunt- ` # @'~}~,'~~4 t ~~el der. 'idi~'t`-Y~kM~ •._ oo a (71 `Street or highway' means the entire - hose width between boundary Goes of any way or ~`~¢ilt~tt~,}~. 'of tbe place when aay part thereof is open to the use : ;ye load of the public, as a matter of right, for the ,i, ~In9i~i•,.$1 a'a ~~ rbs purposes of vehicular traffic. p. ~ -~;' ~ uiet 181 `Right of way' means the entire stri ,q State of Minnesota I of land traversed by a highway or street in r 7 y~ - SS. I which the public owns [he fee or an easemem aG theara~ ~~ , m. to Couny~r of Henna Ht } for roadway purposes. ala.4'~4! ` any '7 p 19) Safety or deadman' throttle is ~ rry (t defined as a device which, when pressure is pe' .' ~ a Place removed from the engine accelerator, or wltWa~ qie nuts -ef the ,'~., throttle, causes the motor to be disengaged rgnipjled wi~d.tke folbw `:< ~•r ~'. from the driving track. ` ~' ~ p~hicb Subd. 2. Operation on Streets and High- attscYed $ad in comet fpt. ~, ways. No person shall operate a snowmobile rednCe~~tjle noipe>:f• 66' motor to '~ upon the roadway, shoulder or inside bank or tbe~mittlAOims ry:forjattrrstlop,: Muf- R. P. WANDr.R, L' cing duly sworn, on oath says he is and during ''~ slope of any street or highway within the city. fler4 ahaU comply wilb"Hegohdon CO15S. 55 has been the secretary and printer of the newspaper known as ~ Operation io the ditch or oo the outside bank wbfeb is,'~2r'eby adopted by referency as it within the right of way of any street or high- existed uh Sep-gmber 1, 1870. No pardon shall and has full knowledge of the facts herein stated as follows: ~ way except interstace highways or freeways uee,y,mWflertctRenl, by-pass, straight pipe or is printed in the English language in newspaper format and in colt is permitted in conformance with state taw sfmf4rw4ovioe on,,a snowmabile motor, and and city ordinances, unless the roadway the a;Y~,oct, ey9tom/shnH ant emit or produce equivalent in printed space to at least 900 square inches. (2) Said newsp{ directly abuts a public sidewalk or walkway a ahaip popping or crodcBag sound. is distributed at least once each week. (3) Said newspaper has 50% of its or property used for private purposes. IE/ Brakes adequate to control the to news of local interest to th,e community which it purports to serve Between the hours of one-half hour after movement of and., }o. atop and bold the snow duplicate any other publication and is not made up entirely of patents sunset to one-half hour before sunrise, any mobfk under aay'conditfons ~ operation. operation may only be on the right-hand side (31Aslfety or.so-called 'deadman' throb advertisements. (4) Said newspaper is circulated in and near the municipa of suck street or kfghway and rn the same tle In operating codditloa, so that when pres to serve, has at least 500 copies regularly delivered to paying subscribe direction as the highway traffic on the near- sure is removed from 46e accelerator o~ at least 75% of its total circulation currently paid or no more than thr eat lane of the roadway adjacent thereto. throttle,"ebe ,motor is disengaged from thi ,~ aYld has entr as second-class matter in its local ~ Subd. 3. Crossings. A snowmobile may drives track. y llost-Office. (5) Said nl make a direct crossing of a street or highway (41 At least. one clear lamp attached ti ve the City of Richfield in the Cotmty of Hennepin and it has except an interstate highway or freeway, the front, with sufficient intensity to raved e in the Cityi of Bloomington in said county, established and open durst provided: persons and veldcles at a distance of at leas 111 The crossing is made at an aiigle of 100 feet apead during the hours of darhaes s for the gathering of news, sale of advertisements and sale of sub approximately 90 degrees to the direMion of under normal atmosphere coaditioos. Sucl - eel by the managing officer or persons in its employ and subject to h the street or highway and at a place where no head lamp shaft be so aimed that glaring ray obstruction prevents a quick and safe cross- are not projected.into the eyes of an oncom trot during all such regular business hours and devoted exclusively in ing vehiele operator. It shall also be equippe business hours to the business Of the newspaper and business related' thq' 8 121 The snowmobile is brought to a cum- with at least one red tail lamp having paper files a copy of each issue immediately with the State Historical Sol Plate stop before crossing the shoulder or minimum candle power of sufficient intensit main traveled way of the highway. to exNbit a red Gght plainly visible from paper has complied with all the foregoing conditions for at least two yea °g 131 The driver yields the right of way to distance of 500 feet to the rear dart t or dates of publication mentioned below. (8) Said newspaper has filed all oncoming traffic which constitutes an hours of darkness udder normal atmospberi State of Minnesota prior to January 1. 1966 and each January 1 thereafte immediate hazard. condltfons. The equipment to'be in operatoo form rescribed b the Secretar of State and si eel b the ublisher of 141 In crossing a divided street orhfgb- condition when the vehicle is operate P Y Y Bn Y P way, the crossing is made Daly at an intersec- between the hours of oce-baH boor afte sworn to before a notary public stating that the newspaper is a legal news ~ lion of such street or highway with another sunset to Doe-heH hour before sunrise or ~ public street or highway. times of reduced ~visibitity. 151 IF the crossing is made between the 151 Reflectlye matbnal at least 16 squat hours of one-haH hour after sunset to one-haH inches on each side, forward of the handl hour before sunrise or in conditions of bars, so as toretleM or beam light at seduced visibility, only if hoth front and rear nicety degree eagle. ~ n lights are on. Subd. 7. AppGeatfoo of Other laws. Mina He further states on oath that the printed ~ ~'~''' 1`~' C ; ~'7 ~O%' Sabd• 4. Emergenices. Notwithstanding any sofa Slamtes 1969, Secttaaa 84.81 to 84.88, ~i prohibition in this ordinance, a snowmobile Miaoesota Statutes 1909, Chapter 101 ~a1 hereto attached as a part hereof was cut from the columns of said newspax may be operates on a public thoroagbfarein hereby adopted by reference, except ,tpa~ an emergency during the period of time when provisions which Dy their nature have and at locations where snow upon the road- appGeation. '~4 way renders travel by automobile impracti- Subd. B. Persons Udder 18. ~ ~N. cal. Ill No permuodef k0~eaxs ~ abi Subd. 5. Operation Generally. Except as operate oa a a<'lii~~ and published therein in the English language, once each week, for CnC otherwise specifiglly permitted and author- direct. crud .?~ t 14' ea fzed, it is unlawful for any person to operate operator,.,, ~ Nan Y a snowmobile within the limits of the city: of age tr18years of of (11 On a public sidewalk or walkway may ~ ~ ling thereof only if Provided or used for pedestrian travel. has in jell'- ediate possession a va ~7 (21 On private property of another with- snowmobile safety certificate issued by t that it Was first SO published On v1.1 ~.r • the f ~~i day of ~ out lawful authority or consent of the owner ~an°isota Stamtes 1960, Section 84 86 d~ or occupant. and was thereafter printed and published on and including the day of 19 and that the following is a printed copy the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being size and kind of type used in the composition and publication of said notice, to-wit: abcdefghi j klmnop grstuvwxyz abcdefghijklmnopgrstuvwxyz `1i'-'~ Subscribed and sworn to before me this (~~'. day of Jan_ 19 t.~ (Notarial Seal) ~ ~~ / / L-''L'CD- CiG GC~i~ lice J. Nelson, Notary Public, Hen~in County, Minn. Commission Expires December 26, 1973 121 It is note snowmobile to per operated contrary section. Subd. 9. I.eaviw Every person lesv is place shall Ice ray and take the st Sobel. 10. Chasm unlawinV to fnten over or kill any witb a snowmobile Passed by the ~ Richfield, Minnest ber, 1970: tttest: s/ THOMAS J. M ;lark (Jar