AN ORDINANCE REGULATING AND CONTROLLING THE USE OF SNOWMOBILES AND ALL TERRAIN VEHICLES
The City Council of the City of Wabasso Ordains:
Section 1. DEFINITIONS. Subdivision 1. For the purposes of this Ordinance the terms defined herein shall have the meaning ascribed to them.
Subd. 2. “Person” includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not.
Subd. 3. “Snowmobile” means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners.
Subd. 4. “All-Terrain Vehicle” or “ATV” refers to “trail bikes”, “mini bikes”, amphibious vehicles and similar devices other than snowmobiles used at least partially for travel on natural terrain but not “special mobile equipment” defined in M.S. 168.011, Subd. 22.
Subd. 5. “Owner” means a person, other than a lien holder having the property in or title to snowmobile or ATV entitled to the use or possession thereof.
Subd. 6. “Operate” means to ride in or on and control the operation of a snowmobile or ATV.
Subd. 7. “Operator” means every person who operates or is in actual physical control of a snowmobile or ATV.
Subd. 8. “Deadman throttle” or “safety throttle” means a device which when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism.
Subd. 9. “Natural Terrain” means areas other than roadways or driveways (public or private), parking lots and other areas the surface of which has been intentionally modified for motor vehicle operation thereon.
Section 2. Except as herein specifically permitted and authorized, it is unlawful for any person to operate a snowmobile or ATV not licensed as a motor vehicle within the city limits of the City of Wabasso:
- On the portion of the right of way of the following described public highways, streets, roads, trails or alleys used for motor vehicle travel:
That part of May Street lying West of County Road 6 and East of Maple Street;
That part of Maple Street lying South of May Street and North of Dewey Street;
That part of Dewey Street lying East of Maple Street and West of County Road 6.
Snowmobiles may also be operated on the ditch bottom or the outside bank of trunk, county state-aid and county highways where such highways are so configured within the corporate limits.
- On a public sidewalk provided for pedestrian travel.
- On boulevards within any public right of way.
- On private property of another without specific permission of the owner or person in control of said property.
- On any other public place except as may be specifically permitted by other provisions of the City ordinances.
Section 3. A snowmobile my make a direct crossing of a street or highway, except an interstate highway or freeway provided:
- 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.
- The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way.
- The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard.
- In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another street or highway.
- 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.
Section 4. City traffic ordinances shall apply to the operation of snowmobiles upon streets and
Highways except for those relating to required equipment, and except those which by their nature have no application.
Section 5. No snowmobile shall enter any intersection without yielding right of way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard.
Section 6. Persons under 18. Subd. 1. No persons under 14 years of age shall operate on streets or the roadway surface of highways or make a direct crossing of a trunk, county state-aid, county highway, or city street 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 and highways as permitted under this ordinance and make a direct crossing of such streets and highways only if he has in his immediate possession a valid snowmobile safety certificate issued by the commissioner, as provided by M.S.A. Section 84.872.
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.
Section 7. It is unlawful for any person to operate a snowmobile, ATV not licensed for highway use or ATV licensed for highway use when operating on natural terrain within the limits of the City of Wabasso:
- At any place, while under the influence of alcohol or drugs as defined in M.S. 169.121, which is hereby incorporated herein by reference;
- At a rate of speed greater than reasonable or proper under all surrounding circumstances, and in no event shall exceed the speed of 20 miles per hour;
- 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 another person or property;
- During the hours of from 1:30 a.m. to 7 a.m. of any day;
- So as to tow any person or thing except through the use of a rigid tow bar attached to the rear of the snowmobile or ATV;
- Within 100 feet of any pedestrian, skating rink or sliding area where the operation would conflict with use or endanger other persons or property;
- I In a manner that simulates a race or temporary race, or creates or causes unnecessary engine noise or, in the case of ATV’s, tire squealing, or causes the tires to spin or slide upon the acceleration or stopping of said vehicle or that causes said vehicle to unnecessarily turn abruptly or sway from side to side.
Section 8. It is unlawful for any person to operate a snowmobile or ATV any place within the limits of the City of Wabasso unless it is equipped with the following:
- 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, by-pass, straight pipe or similar device on a snowmobile or ATV motor.
- Brakes adequate to control the movement of and to stop and hold the snowmobile or ATV under any condition of operation.
- A safety or so-called “dead man” throttle in operating condition.
- 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 headlamp 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 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.
Section 9. Every person leaving a snowmobile or ATV on a public place shall lock the ignition,
Remove the key and take the same with him.
Section 10. Notwithstanding any prohibitions 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.
Section 11. It is unlawful to intentionally drive, chase, run over or kill any animal with a snowmobile or ATV.
Section 12. Every person convicted of a violation of any of the provisions of this ordinance shall be punished by a fine of not more than seven hundred ($700.00) dollars 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 13. Effect. This ordinance shall take effect and be in force from and after its adoption and publication according to law.
Passed by the council this 8th day of February, 1993.
Doug Strand, Mayor
Marilyn J. Davis. City Clerk