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TITLE VII: TRAFFIC CODE

TITLE VII:  TRAFFIC CODE
 
Chapter
 
   70.      TRAFFIC REGULATIONS
   71.      PARKING REGULATIONS
  
72.      SNOWMOBILES
 
  73.      RECREATIONAL AND OTHER VEHICLE
  
74.      BICYCLES, ROLLER BLADES, ROLLER SKATES, ROLLER SKIS AND SKATEBOARDS
 
 
CHAPTER 70:  TRAFFIC REGULATIONS
 
 
Section
                                                                    General Provisions
 
70.01     State highway traffic regulations adopted by reference
70.02     Trucks prohibited on certain streets
70.03     Stop intersections
70.04     Through streets and one-way streets
70.05     Turning restrictions
70.06     U-turns restricted
70.07     Excessive noise
70.08     Exhibition driving prohibited
70.09     Cruising prohibited
70.10     Motor vehicle noise
70.11     Pedestrian crossings
70.12     Crossings for seniors or disabled persons
 
                                                                             Parades
 
70.20     Definitions
70.21     Permit required
70.22     Application for permit
70.23     Standards for issuance of permit
70.24     Notice of rejection of permit application
70.25     Appeal procedure when permit denied
70.26     Alternative permit
70.27     Notice to city and other officials when permit issued
70.28     Contents of permit
70.29     Duties of permittee
70.30     Public conduct during parades
70.31     Revocation of permit
 
 
                                                  Minnesota Basic Code - Traffic Code
 
 
                                                             GENERAL PROVISIONS
 
 
' 70.01  STATE HIGHWAY TRAFFIC REGULATIONS ADOPTED BY REFERENCE.
 
(A)  The Highway Traffic Regulations Act is hereby adopted by reference.  The regulatory provisions of M.S. Chapter 169, as it may be amended from time to time, are hereby adopted as a traffic
ordinance regulating the use of highways, streets and alleys within the city and are hereby incorporated in and made a part of this section as completely as if set out in full herein.
 
(B)  The penalty for violation of the provisions of state statutes adopted by reference in this section shall be identical with the penalty provided for in the statutes for the same offense.
 
 
' 70.02  TRUCKS PROHIBITED ON CERTAIN STREETS.
 
(A)  As authorized by M.S. ' 169.87, as it may be amended from time to time, the City Council by resolution may designate streets on which travel by commercial vehicles in excess of 10,000 pounds axle weight is prohibited.  The Chief of Police shall cause appropriate signs to be erected on those streets.  No person shall operate a commercial vehicle on posted streets in violation of the restrictions posted.
 
(B)  The weight restrictions established in division (A) shall not apply to city or emergency vehicles, public school buses, garbage and refuse trucks making regular collections and are under contract with the city, recycling trucks used exclusively for collection of recycling materials pursuant to a city mandate to provide curbside recycling, and implements of husbandry operated in compliance with M.S. ' 169.801, as it may be amended from time to time, and city, county and state road authority vehicles engaged in snow and ice removal or flood control operations on behalf of a state or local government, nor shall the weight restrictions in division (A) apply if a commercial vehicle must use the particular street in question for the purpose of local pick-up or delivery.
 
(C)  Pursuant to M.S. ' 169.832 Subd. 11a, the city may designate by resolution any exclusive city street or highway route or segment of a route to carry gross weights that exceed the limits in (A) provided that such a route may not be designed if it:
 
(1)   Creates an undue hazard to traffic safety; or
 
(2)   Is inconsistent with structural capacity of the route, including consideration of the volume of traffic expected to occur on the route after designation.
 
(3)   The city may undesignate any route when continued designation is inconsistent with the provisions of this subdivision.
 
(D)  Pursuant to M.S. ' 169.84, the gross weight of any vehicle or combination of vehicles driven onto or over a bridge on any city street or highway shall not exceed the safe capacity of the bridge, as may be indicated by warning posted on the bridge or the approaches thereto.
 
(E)  Pursuant to M.S. ' 169.86, M.S. ' 169.862 and M.S. ' 169.865, the City Clerk may issue a permit for heavier loads to travel on streets where otherwise restricted.  The City Clerk may issue such a permit upon applicant provision of adequate insurance, execution of a written agreement to pay the city costs of any repairs the roadway, curbs, ditches and right?of?way necessitated by the permittee=s damage to the roadway and to defend and indemnify the city against all claims related to the permittee=s use of the roadway, and posting of a bond or other financial security in an amount adequate to cover city expenses, including but not limited to repair costs related to any damage to the road.  Any person aggrieved by a permit denial may appeal the denial to the City Council within 30 days of such denial.  Permits issued under this provision are good for five consecutive business days.  No person, corporation or other entity may obtain more than three permits per year.  The permit fee shall be set by the Ordinance establishing fees and charges for the city.
Penalty, see ' 10.99
 
 
' 70.03  STOP INTERSECTINS.
 
Pursuant to M.S. ' 169.04, as it may be amended from time to time, the city may designate intersections as a stop intersection and require all vehicles to stop at one or more entrances to those intersections.  The city shall post signs at those designated intersections, giving notice of the designation as a stop intersection.  It shall be unlawful for any person to fail to obey the markings or signs posted under this section.
Penalty, see ' 10.99
 
 
' 70.04  THROUGH STREETS AND ONE-WAY STREETS.
 
Pursuant to M.S. ' 169.04, as it may be amended from time to time, the City Council by resolution may designate any street or portion of a street as a through street or one-way street where necessary to preserve the free flow of traffic or to prevent accidents.  No trunk highway shall be so designated unless the consent of the Commissioner of Transportation to the designation is first secured.  The city shall cause appropriate signs to be posted at the entrance to designated streets.  It shall be unlawful for any person to fail to obey the markings or signs posted under this section.
Penalty, see ' 10.99
 
 
' 70.05  TURNING RESTRICTIONS.
 
(A)  (1)   Pursuant to M.S. ' 169.04, as it may be amended from time to time, the City Council by resolution may, whenever necessary to preserve a free flow of traffic or to prevent accidents, designate any intersection as one where turning of vehicles to the left or to the right, or both, is to be restricted at all times or during specified hours.  No intersection on a trunk highway shall be so designated until the consent of the Commissioner of Transportation to the designation is first obtained.
 
(2)   The city shall mark by appropriate signs any intersection so designated.
 
(3)   No person shall turn a vehicle at any intersection contrary to the direction on those signs.
 
(B)  Except at intersections, and then only if not posted otherwise, it shall be unlawful for any person operating a motor vehicle on any street to cross the center of the street for the purpose of parking on the side of the street opposite the original direction of travel.
 
(C)  It shall be unlawful for any person operating a motor vehicle on any street to back up or drive from a parked position and commence travel in the opposite direction from which the motor vehicle faced when parked.
Penalty, see ' 10.99
 
 
' 70.06  U-TURNS RESTRICTED.
No person shall turn a vehicle so as to reverse its direction on any street in the business district or at any intersection where traffic is regulated by a traffic control signal.
Penalty, see ' 10.99
 
 
' 70.07  EXCESSIVE NOISE.
(A)  As used in this section:
 
(1)   LIGHT-MOTOR VEHICLES means any automobile, van, motorcycle, motor-driven cycle, motor scooter, go-cart, minibike, trail bike, neighborhood electric vehicle, golf cart, mini truck, all terrain vehicle, truck with a gross vehicular weight of less than 10,000 pounds or low power vehicle.
 
(2)   LOW POWER VEHICLE for the purposes of this section means a vehicle with a gas, electric or battery powered engine that may achieve a maximum vehicle speed of 35 miles per hour.
 
(B)  It shall be unlawful for any person to operate, or cause to operate, or use a light-motor vehicle in a manner as to cause, or allow to be caused, excessive noise levels as a result of unreasonable rapid accelerations, deceleration, revving of engine, squealing of tires, honking of horns, or as a result of the operation of audio devices including but not limited to radios, phonograph, tape players, compact disc players or any other sound-amplifying device on or from the light-motor vehicle.
 
(C)  No person shall operate, or cause to operate, or use a light-motor vehicle in violation of the noise standards contained in Minn. Rules parts 7030.1050 and 7030.1060, as it may be amended from time to time.
 
(D)  No person shall operate, or cause to operate, or use a light-motor vehicle that discharges its exhaust other than through a muffler or other device that effectively prevents loud or explosive noises. No person shall operate, or cause to operate, or use a light-motor vehicle whose exhaust system has been modified, altered, or repaired in any way, including the use of a muffler cut-out or by-pass, that amplifies or otherwise increases noise above that emitted by the light-motor vehicle as originally equipped.
 
(E)  The following are exempted from the provisions of this section:
 
(1)   Sound emitted from sirens of authorized emergency vehicles;
 
(2)   Burglar alarms on light-motor vehicles of the electronic signaling type which also transmit an audible signal to a receiver which can be carried by the owner or operator of the vehicle; and
 
(3)   Celebrations on Halloween and other legal holidays and celebrations in connection with duly authorized parades.
Penalty, see ' 10.99
 
 
' 70.08  EXHIBITION DRIVING PROHIBITED.
No person shall turn, accelerate, decelerate or otherwise operate a motor vehicle within the city in a manner which causes unnecessary engine noise or backfire, squealing tires, skidding, sliding, swaying, throwing of sand or gravel, or in a manner simulating a race.  Unreasonable squealing or screeching sounds emitted by tires or the unreasonable throwing of sand or gravel by the tires is prima facie evidence of a violation of this section.
Penalty, see ' 10.99
 
 
' 70.09  CRUISING PROHIBITED.
(A)  As used in this section, CRUISING means the operation of a motor vehicle as defined in M.S. ' 169.011, Subd. 42, as it may be amended from time to time, past a traffic control point as determined by a peace officer on a street in an area designated ANo Cruising Zone@ by City Council resolution four or more times between the hours of 9:00 p.m. and 3:30 a.m.
 
(B)  The passing of a traffic control point under the conditions previously stated, shall constitute unnecessary repetitive driving and is a violation of this section.
 
(C)  The following use of vehicles shall constitute valid exceptions to this prohibition: taxicabs for hire, buses, authorized emergency vehicle, vehicles use used by or under contract with any governmental jurisdiction, any vehicle being used to conduct legitimate business activities.
 
(D)  This section may be enforced only in an area that has been posted as a ANo Cruising Zone.@  Signs shall be posted at the beginning and the end of any public street, alley or highway, or portion thereof which is a no cruising zone.
 
 
' 70.10  MOTOR VEHICLE NOISE.
(A)  Definitions. For the purposes of this section, the following phrases are defined as follows:
 
ABNORMAL OR EXCESSIVE NOISE.
 
(a)   Distinct and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort and repose of any person or precludes their enjoyment of property or affects their property's value;
 
(b)   Noise in excess of that permitted by M.S. ' 169.69, as it may be amended from time to time, which requires every motor vehicle to be equipped with a muffler in good working order; or
 
(c)   Noise in excess of that permitted by M.S. ' 169.693 and Minn. Rules parts 7030.1000 through 7030.1050, as this statute and these rules may be amended from time to time, which establish motor vehicle noise standards.
 
ENGINE-RETARDING BRAKE.  A dynamic brake, jake brake, Jacobs brake, C-brake, Paccar brake, transmission brake or other similar engine-retarding brake system which alters the normal compression of the engine and subsequently releases that compression.
 
(B)  It shall be unlawful for any person to discharge the exhaust or permit the discharge of the exhaust from any motor vehicle except through a muffler that effectively prevents abnormal or excessive noise and complies with all applicable state laws and regulations.
 
(C)  It shall be unlawful for the operator of any truck to intentionally use an engine-retarding brake on any public highway, street, parking lot or alley within the city which causes abnormal or excessive noise from the engine because of an illegally modified or defective exhaust system, except in an emergency.
 
(D)  Minnesota Statutes '' 169.69 and 169.693 (motor vehicle noise limits) and Minn. Rules parts 7030.1000 through 7030.1050, as these statutes and rules may be amended from time to time, are hereby adopted by reference.
 
(E)  Signs stating AVEHICLE NOISE LAWS ENFORCED@ may be installed at locations deemed appropriate by the City Council to advise motorists of the prohibitions contained in this section, except that no sign stating AVEHICLE NOISE LAWS ENFORCED@ shall be installed on a state highway without a permit from the Minnesota Department of Transportation. The provisions of this section are in full force and effect even if no signs are installed.
 
 
' 70.11  PEDESTRIAN CROSSINGS.
Pursuant to M.S. ' 169.2151, as it may be amended from time to time, the city is authorized to designate pedestrian safety crossings on exclusive city streets where pedestrian safety considerations require extra time for pedestrian crossing in addition to the time recommended under the Minnesota Manual on Uniform Traffic Control Devices for pedestrian signals.  The city may provide for timing of pedestrian signals for such crossings, consistent with the recommendations of the uniform manual for pedestrian signal timing at senior citizen and disabled pedestrian crossings.  The location of such crossings may be designated by resolution.
 
' 70.12  CROSSINGS FOR SENIORS OR DISABLED PERSONS.
Pursuant to M.S. ' 169.215, as it may be amended from time to time, the city may designate a crossing for senior citizens or disabled persons on any exclusive city street in the vicinity of a senior citizen housing project, senior citizen nursing home, or residential care facility for disabled persons on the basis of an engineering and traffic investigation prescribed by the Commissioner and subject to the uniform specifications adopted by the Minnesota Commissioner of Transportation.
 
 
 
                                                                          PARADES
 
 
' 70.20  DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
 
PARADE.  Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or on any street, sidewalk, park, or other public place in the city.
 
PARADE PERMIT.  A permit required by this subchapter.
 
PARKING LOT.  Any paved or unpaved area used by a place of business or shopping center for the parking of vehicles of their customers, but shall not include those operated for hire.
 
 
' 70.21  PERMIT REQUIRED.
(A)  No person or persons shall engage or participate in, aid, form or start any parade unless a parade permit has been obtained from the City Clerk or other authorized city official.
 
(B)  This subchapter shall not apply to:
 
(1)   Funeral processions;
 
(2)   Students going to and from school classes or participating in educational activities; provided, that the conduct is under the immediate direction and supervision of the proper school authorities;
 
(3)   A governmental agency acting within the scope of its functions.
Penalty, see ' 10.99
 
 
' 70.22  APPLICATION FOR PERMIT.
(A)  Generally.  A person seeking issuance of a parade permit shall file an application with the City Clerk.
 
(B)  Filing period.  The application for a parade permit shall be filed not less than 72 hours but not more than 60 days before the date on which it is proposed to conduct the parade.  Failure to file an application 72 hours in advance will not result in automatic denial of the permit; provided, that the applicant shows reasonable grounds why the application could not be filed 72 hours in advance.
 
(C)  Required information.  The application for a parade permit shall set forth the following information:
 
(1)   The name, address, and telephone number of the person seeking to conduct the parade;
 
(2)   If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization;
 
(3)   The name, address, and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct;
 
(4)   The date when the parade is to be conducted;
 
(5)   The route to be traveled, the starting point, and the termination point;
 
(6)   The approximate number of persons, animals, and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;
 
(7)   The hours when the parade will start and terminate;
 
(8)   A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalk, park or other public place proposed to be traversed;
 
(9)   The location by street of any assembly area for the parade;
 
(10)   The time at which units of the parade will begin to assemble at any assembly area or areas;
 
(11)   The interval of space to be maintained between units of the parade;
 
(12)   If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for the permit shall file a communication in writing from the person authorizing the applicant to apply for the permit on his or her behalf;
 
(13)   Any additional information reasonably necessary to a fair determination as to whether a permit should be issued.
 
(D)  There shall be paid at the time of filing an application for a parade permit a fee in an amount as established in the Ordinance Establishing Fees and Charges pursuant to ' 30.11 of this code, as it may be amended from time to time. In addition, the applicant must provide proof of a valid insurance policy in the amount of $500,000 per individual claim and $1,500,000 for all claims arising from the same event, that names and agrees to defend and indemnify the city from any and all claims arising from the parade.
Penalty, see ' 10.99
 
 
' 70.23  STANDARDS FOR ISSUANCE OF PERMIT.
The City Clerk shall issue a permit when, from a consideration of the application and from other information obtained, he or she finds that:
 
(A)  The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;
 
(B)  The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the city;
 
(C)  The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;
 
(D)  The conduct of the parade will not interfere with the movement of firefighting equipment en route to a fire;
 
(E)  The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.
Penalty, see ' 10.99
 
 
' 70.24  NOTICE OF REJECTION OF PERMIT APPLICATION.
If the City Clerk disapproves the application, he or she shall mail to the applicant within the three regular business days after the date on which the application was filed a notice of his or her action stating the reasons for his or her denial of the permit.
 
 
' 70.25  APPEAL PROCEDURE WHEN PERMIT DENIED.
Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council.  The appeal shall be taken within 30 days after notice of denial.  The City Council shall act on the appeal within 30 days after its receipt.
 
 
' 70.26  ALTERNATIVE PERMIT.
The City Clerk or other authorized city official, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different than that named by the applicant.  An applicant desiring to accept an alternate permit shall file a written notice of his or her acceptance.  An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this subchapter.
 
 
' 70.27  NOTICE TO CITY AND OTHER OFFICIALS WHEN PERMIT ISSUED.
Immediately on the issuance of a parade permit, a copy thereof shall be sent to the Police Chief and the Fire Chief.
 
 
' 70.28  CONTENTS OF PERMIT.
Each parade permit shall state the following information:
 

 
                                                                   Traffic Regulations                                                              13
 
 
(A)  Starting time;
 
(B)  Minimum speed;
 
(C)  Maximum speed;
 
(D)  Maximum interval of space to be maintained between the units of the parade;
 
(E)  The portions of the street, sidewalk, park or other public place to be traversed that may be occupied by the parade;
 
(F)   The maximum length of the parade in miles or fractions thereof;
 
(G)  Other information as is reasonably necessary to the enforcement of this subchapter.
Penalty, see ' 10.99
 
 
' 70.29  DUTIES OF PERMITTEE.
A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.  The parade chairperson or other person heading or leading the activity shall carry the parade permit on his or her person during the conduct of the parade.
Penalty, see ' 10.99
 
 
' 70.30  PUBLIC CONDUCT DURING PARADES.
(A)  Interference.  No person shall unreasonably hamper, obstruct, impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.
 
(B)  Driving through parades.  No driver of a vehicle except a police car or other emergency vehicle shall drive between the vehicles or persons comprising a parade when the vehicles or persons are in motion and are conspicuously designated as a parade.
 
(C)  Parking on parade route.  The Police Chief or other authorized city official shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part thereof constituting a part of the route of a parade.  Signs shall be posted to the effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof.  No person shall be liable for parking on a street or other public thoroughfare unless signs have been posted in accordance with this section.
Penalty, see ' 10.99
 
' 70.31  REVOCATION OF PERMIT.
The city shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth.
 

 
                                            CHAPTER 71: PARKING REGULATIONS
 
 
Section
71.01     No parking where posted
71.02     Limited parking
71.03     Other parking restrictions
71.04     Declaration of snow emergency; parking prohibited
71.05     Parking certain semi-trailers or tractors on public streets prohibited
71.06     Overnight parking
71.07     Repairing of vehicles
71.08     Prohibiting parking areas in front yards in residential zones
71.09     Impoundment
71.10     Prima facie violation
Cross-reference:
Abandoned vehicles, see Chapter 90
 
 
 
' 71.01  NO PARKING WHERE POSTED.
(A)  No person shall stop, stand or park a vehicle upon the public streets of the city at any place where official signs or where appropriate devices, marks, or painting, either upon the surface of the street or the curb immediately adjacent thereto, prohibit these acts.
 
(B)  Pursuant to M.S. ' 169.041, Subd. 2, the City Police Chief, if any, or the City Council may appoint as many parking enforcement officers as are needed to enforce the provisions of this chapter.  The parking enforcement officers shall be subordinate to the Chief of Police, if there is one, or the City Clerk. A PARKING ENFORCEMENT OFFICER is an individual whose services are utilized by a law enforcement agency to provide parking enforcement and administrative or clerical assistance and who is not a sworn and licensed police officer. A parking enforcement officers duties shall not include enforcement of the general criminal laws of the state, and the parking enforcement officer does not have full powers of arrest or authorization to carry a firearm on duty.
Penalty, see ' 10.99
 
' 71.02  LIMITED PARKING.
No person shall stop, stand or park a vehicle upon the public streets of the city where official signs are erected limiting the parking time thereon, for a period of time in excess of the time as designated by the official signs.
Penalty, see ' 10.99
 
 
' 71.03  OTHER PARKING RESTRICTIONS.
(A)  The City Council may by resolution order the placing of signs, devices or marks, or the painting of streets or curbs prohibiting or restricting the stopping, standing or parking of vehicles on any street where, in its opinion, as evidenced by a finding in its official minutes, the stopping, standing or parking is dangerous to those using the highway, or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic.  The signs, devices, marks or painting shall be official signs, devices, marks or painting, and no person shall stop, stand or park any vehicle in violation of the restrictions thereon or as indicated thereby.
 
(B)  A no parking sign may be placed by city employees on any street of the city to permit construction, repair, snow removal, street cleaning or similar temporary activities.  While the signs are in place, it shall be unlawful to park any vehicle on the streets or portion thereof so posted.
 
(C)  It shall be unlawful for a person to park in an area designated by Council resolution and posted as a fire lane.
 
(D)  It shall be unlawful for a person to park a vehicle or permit it to stand, whether attended or unattended, on an alley within the city, provided that this does not prohibit the parking of vehicles for less than one hour on an alley for the purpose of access to abutting property for loading or unloading merchandise or other material when parking on the property itself is not available.
 
(E)  It shall be unlawful for a person to park a motor vehicle in an area designated by posted signs pursuant to Council resolution for certain types of vehicles, unless the motor vehicle is one of the types of vehicles specifically permitted.
 
(F)   Every vehicle parked upon any street with a curb shall be parked parallel to the curb, unless angle parking is designated by appropriate signs or markings. On streets with a curb, the right-hand wheels of any vehicle parked shall be within one foot of the curb. On streets without a curb, the vehicle shall be parked to the right of the main traveled portion of the street and parallel to it and in such a manner as not to interfere with the free flow of traffic, unless angle parking is designated by appropriate signs or markings.
Penalty, see ' 10.99
 
 
' 71.04  DECLARATION OF SNOW EMERGENCY; PARKING PROHIBITED.
(A)  The Mayor, Police Chief or other designated official may declare a snow emergency in the city.  The emergency shall continue in effect for a period of 24 hours or until the snow has been removed from the city's streets or until the snow emergency has been rescinded by action of the Mayor, Police Chief or other designated officer.
 
(B)  Notice of the declaration of a snow emergency shall be given by notifying the local news media; however, the notification shall be a service aid only and not a duty on the part of the officials.
 
(C)  During a declared snow emergency or after two inches or more of snow have accumulated, no motor vehicle shall be left parked on any street or public way in the city until the declared emergency is canceled or, if no emergency is declared, until the street is cleared on both sides of accumulated snow.
 
(D)  During a declared snow emergency, any police officer or city appointed parking enforcement officer, appointed pursuant to M.S. ' 169.041, Subd. 2, who finds a motor vehicle in violation of this section shall attempt to contact the owner of the motor vehicle and require the owner to immediately move the motor vehicle so as not to be in violation of this section.  If the owner does not immediately remove the motor vehicle or the owner cannot be located, the police officer or city appointed parking enforcement officer, appointed pursuant to M.S. ' 169.041, Subd. 2, is authorized to have the motor vehicle removed at the owner's expense.
Penalty, see ' 10.99
 
 
' 71.05  PARKING CERTAIN SEMI-TRAILERS OR TRACTORS ON PUBLIC STREETS PROHIBITED.
No person shall park a semi-tractor or trailer, or any truck rated with a gross vehicle weight in excess of 10,000 pounds, in any area of the city zoned for residential use or other area designated by City Council resolution except when the vehicle is parked in a completely enclosed garage.
Penalty, see ' 10.99
 
 
' 71.06  OVERNIGHT PARKING.
The following vehicles shall not be allowed to park on city streets overnight: repair, delivery, rented vehicles with commercial plates and refuse and recycling haulers or any other vehicle not registered as a passenger vehicle.
Penalty, see ' 10.99
 
 
' 71.07  REPAIRING OF VEHICLES.
Minor repairs and tune-ups, such as replacement of spark plugs, spark plug wires, thermostat, radiator or heater hoses, oil changes and brake jobs shall be permitted on city streets; provided, that they can be accomplished within the same day and completed by 10:00 p.m.  All other repairs shall be considered major repairs and shall not be permitted on any city street, unless the repairs are made within an enclosed structure allowed within the zoning district.  Damage to city streets because of repairs or lack of repairs shall be charged to the person responsible for the damage to the city streets.
 
 
' 71.08  PROHIBITING PARKING AREAS IN FRONT YARDS IN RESIDENTIAL ZONES.
(A)  The construction, operation or maintaining a parking area, either paved or unpaved, in the front yard of any lot is prohibited in any area zoned for residential use.  For the purpose of this section, front yard shall mean and include that area between the sidewalk, or street line in the event there is no sidewalk, and the front line of the principal building, extending in both directions to the side lot lines.
 
(B)  Use of that portion of a vacant lot within 30 feet of the sidewalk lines for parking in an area zoned for residential use is prohibited.
 
(C)  Driveways in any area zoned for residential use shall not exceed 25% of the width at the front or side lot line.  Where more than one driveway is desired or required, they shall be at least 70 feet apart.
 
(D)  The front part of any lot shall not be used for the parking of an automobile, truck, trailer, tractor, recreational vehicle, camper, travel trailer, camper top, tent, wagon, boat, boat trailer, storage area or motor home.
 
(E)  No person, being the owner or having control of any building, shall violate or fail to conform to any provision of this section, or fail to obey any lawful order of an officer charged with its enforcement.  Each and every day on which any person continues to violate the provisions of this section, after having been notified of the violation, shall constitute a separate offense.  This conviction shall not relieve any person from thereafter complying with the provisions of this section, and shall be sufficient cause to refuse further building or land use permits to the offender until a time as the orders have been complied with.
Penalty, see ' 10.99
 
 
' 71.09  IMPOUNDMENT.
Any police officer or city appointed parking enforcement officer, appointed pursuant to M.S. ' 169.041, Subd. 2, may order the removal of a vehicle from a street to a garage or other place of safety when the vehicle is left unattended and constitutes an obstruction to traffic or hinders snow removal, street improvements or maintenance operations.  The vehicle shall not be released until the fees for towing and storage are paid in addition to any fine imposed for violation of this chapter.
 
 
' 71.10  PRIMA FACIE VIOLATIONS.
Pursuant to M.S. ' 169.34, Subd. 2, as it may be amended from time to time, the presence of any motor vehicle on any street when standing or parked in violation of this chapter is prima facie evidence that the registered owner of the vehicle committed or authorized the commission of the violation.
 

 
                                                      CHAPTER 72:  SNOWMOBILES
 
 
Section
72.01     Intent
72.02     Definitions
72.03     Application of traffic ordinances
72.04     Restrictions
72.05     Stopping and yielding
72.06     Persons under 18
72.07     Equipment
72.08     Unattended snowmobiles
72.09     Emergency operation permitted
 
 
 
' 72.01  INTENT.
It is the intent of this chapter to supplement M.S. '' 84.81 to 84.91, and M.S. Ch. 169, as these statutes may be amended from time to time and Minn. Rules parts 6100.5000 through 6100.6000, as these rules may be amended from time to time, with respect to the operation of snowmobiles.  These statutes and rules are incorporated herein by reference.  This section is not intended to allow what the state statutes and rules prohibit, nor to prohibit what the state statutes and rules allow.
 
 
' 72.02  DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
 
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.
 
OPERATE.  To ride in or on and control the operation of a snowmobile.
 
OPERATOR.  Every person who operates or is in actual physical control of a snowmobile.
 
OWNER.  A person, other than a lien holder having the property in or title to a snowmobile, or entitled to the use or possession thereof.
 
PERSON.  Includes an individual, partnership, corporation, the state and its agencies and subdivision, and any body of persons, whether incorporated or not.
 
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.  That portion of a highway or street improved, designed or ordinarily used for vehicular travel.
 
SNOWMOBILE.  A self-propelled vehicle designed for travel on snow or ice, steered by skis or runners.
 
STREET.  A public thoroughfare, roadway, alley or trail used for motor vehicular traffic which is not an interstate, trunk, county-state aid, or county highway.
 
 
' 72.03  APPLICATION OF TRAFFIC ORDINANCES.
The provisions of Ch. 70 of this code 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.
Penalty, see ' 10.99
 
 
' 72.04  RESTRICTIONS.
(A)  It is unlawful for any person to enter, operate or stop a snowmobile within the limits of the city:
 
(1)   On the roadway of any street, except the most right hand lane then available for traffic or as close as practicable to right hand curb or edge of the roadway, except when overtaking and passing another vehicle stopped in the lane or proceeding in the same direction, or in making a left turn.  Snowmobiles may also be operated upon the outside slope of trunk, county-state aid and county highways where the highways are so configured within the corporate limits.  The City Council may, pursuant to M.S. ' 84.87, Subd. 3, as it may be amended from time to time, adopt a resolution designating certain city streets as available for snowmobile operation and prescribe such time and speed limits as are necessary.
 
(2)   On a public sidewalk provided for pedestrian travel.
 
(3)   On boulevards within any public right-of-way.
 
(4)   On private property of another without specific permission of the owner or person in control of the property.
 
(5)   Upon any school grounds, except as permission is expressly obtained from responsible school authorities.
 
(6)   On public property, playgrounds and recreation areas, except areas previously listed or authorized for the use by resolution of the City Council, in which case the use shall be lawful, and snowmobiles may be driven in and out of those areas by the shortest route.
 
(7)   On streets as permitted by this chapter at a speed exceeding 10 miles per hour.
 
(8)   During the hours of 10:00 p.m. to 7:00 a.m., Sunday through Thursday, and 12:01 a.m. to 8:00 a.m. on other days closer than 100 feet from any residence.  This provision is not intended to prohibit snowmobiles from operating on city streets during the hours specified herein.
 
(B)  It is unlawful for any person to operate a snowmobile within the limits of the city:
 
(1)   So as to tow any person or thing in a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile; provided, that a disabled snowmobile may be towed to a private residence or a place of business where snowmobiles are repaired without the use of a rigid tow bar.
 
(2)   Within 100 feet of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with use or endanger other persons or operation.
 
(3)   To intentionally drive, chase, run over or kill any animal.
Penalty, see ' 10.99
 
 
' 72.05  STOPPING AND YIELDING.
No snowmobile shall enter any uncontrolled intersection without making a complete stop.  The operator shall then yield the right-of-way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard.
Penalty, see ' 10.99
 
 
' 72.06  PERSONS UNDER 18.
(A)  No person under 14 years of age shall operate on streets or make a direct crossing of a 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 as permitted under this chapter and make a direct crossing of those streets only if he or she has in his or her immediate possession a valid snowmobile safety certificate issued pursuant to M.S. ' 84.872, as it may be amended from time to time.
 
(B)  It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provision of this section.
Penalty, see ' 10.99
 
 
' 72.07  EQUIPMENT.
It is unlawful for any person to operate a snowmobile 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, by-pass straight pipe or similar device on a snowmobile motor.
 
(B)  Brakes adequate to control the movement of and to stop and hold the snowmobile under any condition of operation.
 
(C)  A safety or so called deadman throttle in operating condition.
 
(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 under normal atmospheric conditions.  The head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator.  It shall also be equipped with at least one red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.
 
(E)  Snowmobiles shall fly a pennant flag or red or blaze material, of a size not less than 12 inches by 9 inches, at a height of not less than six feet from ground level at any time when the vehicle is operated on public streets.
 
(F)   Reflective material at least 16 square inches on each side, forward of the handlebars and at the highest practical point on any towed object, so as to reflect lights at a 90 degree angle.
Penalty, see ' 10.99
 
 
' 72.08  UNATTENDED SNOWMOBILES.
Every person leaving a snowmobile on a public place shall lock the ignition, remove the key and take the same with him or her.
Penalty, see ' 10.99
 
' 72.09  EMERGENCY OPERATION PERMITTED.
Notwithstanding any prohibitions in this chapter, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time and at locations where snow upon the roadway renders travel by automobile impractical.
 
 

 
                             CHAPTER 73:  RECREATIONAL AND OTHER VEHICLES
 
 
Section
73.01     Purpose and intent
73.02     Definition
73.03     Operation requirements
73.04     Street crossings
73.05     Hours of operation
73.06     Minimum equipment requirements
73.07     Designation of public areas for use
73.08     Motorized golf carts and mini trucks
73.09     Mobility devices
73.10     Motorized foot scooters
73.11     Neighborhood electric vehicles
 
 
 
' 73.01  PURPOSE AND INTENT.
(A)  (1)   The purpose of this chapter is to provide reasonable regulations for the use of recreational motor vehicles on public and private property in the city.
 
(2)   This chapter is not intended to allow what the Minnesota Statutes prohibit nor to prohibit what the Minnesota Statutes expressly allow.
 
(B)  It is intended to ensure the public safety and prevent a public nuisance.
 
 
' 73.02  DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
 
ALL-TERRAIN VEHICLE.  Any all-terrain vehicle as defined by M.S. ' 84.92, as it may be amended from time to time.
 
RECREATIONAL MOTOR VEHICLE.  Any self-propelled vehicle and any vehicle propelled or drawn by a self-propelled vehicle used for recreational purposes including, but not limited to trail bike, off-highway motorcycle, as defined by M.S. '  84.787, Subd. 7, as it may be amended from time to time, or other all-terrain vehicle as defined by M.S. ' 84.92, Subd. 8, as it may be amended from time to time, motorized go-carts, hovercraft or motor vehicle licensed for highway operation which is being used for off-road recreational purposes, but not including golf carts defined by ' 73.08, personal electric mobility devices defined by ' 73.09, motorized foot scooters defined by ' 73.10, neighborhood electric vehicles or medium speed electric vehicle as defined by ' 73.11, and mini-trucks defined by ' 73.08.
 
 
' 73.03  OPERATION REQUIREMENTS.
It is unlawful for any person to operate a recreational motor vehicle:
 
(A)  On private property of another without specific written permission of the owner of the property; (Written permission may be given by a posted notice of any kind or description, so long as it specifies the kind of vehicles allowed, that the owner, occupant or lessee prefers, such as by saying ARecreational Vehicles Allowed,@ ATrail Bikes Allowed,@ AAll-Terrain Vehicles Allowed@ or words substantially similar.)
 
(B)  On publicly-owned land, including school, exclusive city streets, park property, playgrounds, recreation areas and golf courses, except where permitted by this chapter;
 
(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 a place while under the influence of intoxicating liquor or narcotics or habit-forming drugs;
 
(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 and registered pursuant to Minnesota law;
 
(I)   To intentionally drive, chase, run over or kill any animal, wild or domestic;
 
(J)   By halting any recreational motor vehicle carelessly or heedlessly in disregard of the rights or the safety of others or 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; and/or
 
(K)  Within 150 yards of any public recreational area or gathering of people. This provision does not apply to the occasional use of recreational motor vehicles on private property for the purpose of loading or unloading it from a trailer or for mechanically checking it;
 
(L)  Without headlight and taillight lighted at all times if the vehicle is equipped with headlight and taillight;
 
(M)  Without a functioning stoplight if so equipped;
 
(N)  Without a brake operational by either hand or foot;
 
(O)  At a speed exceeding ten miles per hour on the frozen surface of public waters within 100 feet of a person not on an all-terrain vehicle or within 100 feet of a fishing shelter;
 
(P)   Helmet and seat belts required.
 
(1)   A person less than 18 years of age shall not ride as a passenger or as an operator of a vehicle regulated herein 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.
 
(2)   A person less than 18 years of age shall not ride as a passenger or as an operator of a vehicle regulated herein without wearing a seat belt when such seat belt has been provided by the manufacturer.
 
(Q)  All-terrain vehicles and passengers.
 
(1)   No person under 18 years of age shall operate a class 1 all-terrain vehicle while carrying a passenger. A person 18 years of age or older may operate a class 1 all-terrain vehicle carrying one passenger.  For the purposes of this division a CLASS 1 ALL-TERRAIN VEHICLE means an all-terrain vehicle that has a total dry weight of less than 900 pounds.
 
(2)   No person under 18 years of age shall operate a class 2 all-terrain vehicle while carrying a passenger.  A person 18 years of age or older may operate a class 2 all-terrain vehicle while carrying a passenger, or up to the number of passengers for which the vehicle was designed, whichever is greater.  For the purposes of this division a CLASS 2 ALL-TERRAIN VEHICLE means an all-terrain vehicle that has a total dry weight of 900 to 1,500 pounds.
Penalty, see ' 10.99
 
 
' 73.04  STREET CROSSINGS.
(A)  No person under 12 years of age operating the vehicles regulated herein shall make a direct crossing of any street, highway or public right-of-way or operate a vehicle regulated herein on a public street, highway or road right-of-way or operate a vehicle regulated herein on public lands or waters, except that a person at least 10 years of age but under 12 years of age may operate an all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if accompanied by a parent or legal guardian.
 
(B)  Additional restrictions for all-terrain vehicles. An all-terrain vehicle may make a direct crossing of a public road right?of?way provided:
 
(1)   The crossing is made at an angle of approximately 90 degrees to the direction of the road and at a place where no obstruction prevents a quick and safe crossing;
 
(2)   The vehicle is brought to a complete stop before crossing the shoulder of main?traveled way of the road;
 
(3)   The driver yields the right?of?way to all oncoming traffic that constitutes an immediate hazard;
 
(4)   In crossing a divided road, the crossing is made only at an intersection of the road with another public road; and
 
(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.
Penalty, see ' 10.99
 
 
' 73.05 HOURS OF OPERATION.
Hours for use are 8:00 a.m. to 10:00 p.m.
Penalty, see ' 10.99
 
 
' 73.06 MINIMUM EQUIPMENT REQUIREMENTS.
(A)  Standard mufflers shall be properly attached and in constant operation to 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 recreational motor vehicle motor. The exhaust system shall not emit or produce a sharp popping or crackling sound.
 
(B)  Brakes shall be adequate to control the movement of and to stop and hold under any conditions of operation.
 
(C)  At least one clear lamp shall be 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. The head lamp shall be so 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 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 shall be required and shall be in operating condition when the vehicle is operated between the hours of one-half hour after sunset and one-half hour before sunrise, or at times of reduced visibility.
Penalty, see ' 10.99
 
 
' 73.07  DESIGNATION OF PUBLIC AREAS FOR USE.
(A)  The Council may designate areas and exclusive city streets for use of recreational motor vehicles by approval of a resolution by a majority of the members of the City Council. The areas designated may be changed from time to time by the City Council. Any area designated shall be published in the official newspaper of the city in a conspicuous place after the approval. If an area is changed, the change shall be published in like manner in the official newspaper of the city. An up-to-date map of any designated park areas open for recreational motor vehicle use shall be kept on file in the office of the City Clerk, who shall provide on request a copy of the map together with the applicable rules, regulations and this chapter to each person requesting the information from the city.
 
(B)  Unless designated by the City Council as an area for recreational motor vehicles, the use on city park property and city streets shall be unlawful. Further, the use of city parks designated by the City Council shall be in accordance with all of the applicable provisions of this chapter.
Penalty, see ' 10.99
 
 
' 73.08  MOTORIZED GOLF CARTS AND MINI TRUCKS.
(A)  (1)   No person shall operate a motorized golf cart or mini truck on streets, alleys, sidewalks or other public property without obtaining a permit as provided herein.
 
(2)   Every application for a permit shall be made on a form supplied by the city and shall contain the following information:
 
(a)   The name and address of the applicant;
 
(b)   The nature of the applicant's physical handicap, if any;
 
(c)   Model name, make and year and number of the motorized golf cart or mini truck;
 
(d)   Current driver's license or reason for not having a current license; and
 
(e)   Other information as the city may require.
 
(3)   The annual permit fee shall be as set forth in the Ordinance Establishing Fees and Charges adopted pursuant to ' 30.11 of this code, as that ordinance may be amended from time to time.
 
(4)   Permits shall be granted for a period of one year and may be renewed annually January 1 to December 31.
 
(5)   No permit shall be granted or renewed unless the following conditions are met:
 
(a)   The applicant must demonstrate that he or she currently holds or has held a valid Minnesota driver's license;
 
(b)   The applicant may be required to submit a certificate signed by a physician that the applicant is able to safely operate a motorized golf cart or mini truck on the roadways designated;
 
(c)   The applicant must provide evidence of insurance in compliance with the provisions of Minnesota Statutes concerning insurance coverage for the golf cart or mini truck;
 
(d)   The applicant has not had his or her driver's license revoked as the result of criminal proceedings.
 
(6)   Motorized golf carts and mini trucks are permitted to operate only on city streets, not state or federal highways, except to cross at designated intersections.
 
(7)   Motorized golf carts or mini trucks may only be operated on designated roadways from sunrise to sunset. They shall not be operated in inclement weather conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.
 
(8)   Motorized golf carts or mini trucks  shall display the slow-moving vehicle emblem provided for in M.S. ' 169.522, as it may be amended from time to time, when operated on designated roadways.
 
(9)   Motorized golf carts or mini trucks shall be equipped with a wing-style rear view mirror to provide the driver with adequate vision from behind.
 
(10)  The operator of a motorized golf cart or mini truck may cross any street or highway intersecting a designated roadway.
 
(11)  Every person operating a motorized golf cart or mini truck under permit on designated roadways has all the rights and duties applicable to the driver of any other vehicle under the provisions of M.S. Ch. 169, as it may be amended from time to time, except when these provisions cannot reasonably be applied to motorized golf carts or mini trucks and except as otherwise specifically provided in M.S. ' 169.045(7), as it may be amended from time to time.
 
 (12)  The City Council may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of this section or M.S. Ch. 169, as it may be amended from time to time, or if there is evidence that the permit holder cannot safely operate the motorized golf cart or mini truck on the designated roadways.
 
(13)  The number of occupants in the golf cart or mini truck may not exceed the design occupant load.
 
(B)  For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
 
DRIVER.  The person driving and having physical control over the motorized golf cart or mini truck and being the licensee.
 
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.
 
MINI TRUCK.  A motor vehicle that has four wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an internal combustion engine with a piston displacement capacity of 660 cubic centimeters or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo area or bed located at the rear of the vehicle; and was not originally manufactured to meet federal motor vehicle safety standards required of motor vehicles in the Code of Federal Regulations, title 49, sections 571.101 to 571.404, and successor requirements. A mini truck does not include: a neighborhood electric vehicle or a medium speed electric vehicle as defined by ' 73.11; or a motor vehicle that meets or exceeds the regulations in the Code of Federal Regulations, title 49, section 571.500, as it may be amended from time to time.
 
(C)  Authorized city staff may operate city owned motorized golf carts and mini trucks without obtaining a permit within the city on city streets, sidewalks, trails, rights?of?way and public property when conducting city business.
 
(D)  Mini truck equipment requirements:
 
(1)   A mini truck may be operated under permit on designated roadways if it is equipped with:
 
(a)   At least two headlamps;
 
(b)   At least two tail lamps;
 
(c)   Front and rear turn-signal lamps;
 
(d)   An exterior mirror mounted on the driver=s side of the vehicle and either an exterior mirror mounted on the passenger=s side of the vehicle or an interior mirror;
 
(e)   A windshield;
 
(f)   A seat belt for the driver and front passenger; and
 
(g)   A parking brake.
 
 
' 73.09  OPERATION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.
(A)  ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE  means a self-balancing device with two nontandem wheels, designed to transport not more than one person, and operated by an electric propulsion system that limits the maximum speed of the device to 15 miles per hour.
 
(B)  Except as otherwise provided by law, a person operating an electric personal assistive mobility device has the rights and responsibilities of a pedestrian.
 
(C)  Operation.
 
(1)   An electric personal assistive mobility device may be operated on a bicycle path.
 
(2)   No person may operate an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path at a rate of speed that is not reasonable and prudent under the conditions.  Every person operating an electric personal assistive mobility device on a roadway, sidewalk, or bicycle path is responsible for becoming and remaining aware of the actual and potential hazards then existing on the roadway or sidewalk and must use due care in operating the device.
 
(3)   An electric personal assistive mobility device may be operated on a roadway only;
 
(a)   While making a direct crossing of a roadway in a marked or unmarked crosswalk;
 
(b)   Where no sidewalk is available;
 
(c)   Where a sidewalk is so obstructed as to prevent safe use;
 
(d)   When so directed by a traffic control device or by a peace officer; or
 
(e)   Temporarily in order to gain access to a motor vehicle;
 
(f)   An electric personal assistive mobility device may not be operated at any time on a roadway with a speed limit of more than 35 miles per hour except to make a direct crossing of the roadway in a marked crosswalk;
 
(g)   As provided in division (7) below by Council resolution.
 
(4)   An electric personal assistive mobility device may not be operated at any time while carrying more than one person.
 
(5)   A person operating an electric personal assistive mobility device on a sidewalk must yield the right?of?way to pedestrians at all times.  A person operating an electric personal assistive mobility device on a bicycle path must yield the right?of?way to bicycles at all times.
 
(6)   An electric personal assistive mobility device may not be operated unless the device bears reflectorized material on the front, back, and wheels, visible at night from 600 feet when illuminated by the lower beams of headlamps of a motor vehicle.
 
(7)   Designated exclusive city streets.  The City Council may, by resolution, designate exclusive city streets within its jurisdiction where the operation of electric personal assistive mobility devices is permissible, provided that no street so designated has a speed limit of more than 35 miles per hour.
 
 
' 73.10  MOTORIZED FOOT SCOOTERS.
(A)  MOTORIZED FOOT SCOOTER means a device with handlebars designed to be stood or sat upon by the operator, and powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion, and that has no more than two 12-inch or smaller diameter wheels and has an engine or motor that is capable of a maximum speed of 15 miles per hour on a flat surface with not more than 1% grade in any direction when the motor is engaged.  An electric personal assistive mobility device, a motorized bicycle, an electric-assisted bicycle, or a motorcycle is not a motorized foot scooter.
 
(B)  Operation of a motorized foot scooter on city bicycle paths, bicycle lanes, bicycle trails, or bikeways is prohibited except as provided in division (C) below.
 
(C)  The City Council may by resolution designate specific bicycle paths, bicycle lanes, bicycle trails, or bikeways as available for use by motorized foot scooters.
 
(D)  Every person operating a motorized foot scooter shll have all rights and duties applicable to the operator of a bicycle, except in respect to those provisions relating expressly to motorized foot scooters and in respect to those provisions of law that by their nature cannot reasonably be applied to motorized foot scooters.
 
(E)  No person may operate a motorized foot scooter upon a sidewalk, except when necessary to enter or leave adjacent property.  No person may operate a motorized foot scooter that is carrying any person other than the operator.
 
(F)   No person under the age of 12 years may operate a motorized foot scooter.
 
(G)  No person under the age of 18 years may operate a motorized foot scooter without wearing properly fitted and fastened protective headgear that complies with standards established by the Commissioner of Public Safety.
 
(H)  A motorized foot scooter must be equipped with a headlight and a taillight that comply with standards established by the Commissioner of Public Safety if the vehicle is operated under conditions when vehicle lights are required by law.
 
(I)   A person operating a motorized foot scooter on a roadway shall ride as close as practicable to the right-hand curb or edge of the roadway, except in the following situations;
 
(1)   When overtaking and passing another vehicle proceeding in the same direction;
 
(2)   When preparing for a left turn, in which case the operator shall stop and dismount at the right-hand curb or right edge of the roadway, and shall complete the turn by crossing the roadway on foot, subject to restrictions placed by law on pedestrians; or
 
(3)   When reasonably necessary to avoid impediments or conditions that make it unsafe to continue along the right-hand curb or edge, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or narrow lanes.
 
 
' 73.11  NEIGHBORHOOD ELECTRIC VEHICLES.
(A)  Definitions.
 
(1)   MEDIUM SPEED ELECTRIC VEHICLE means an electrically powered four-wheeled motor vehicle, equipped with a roll cage or crushproof body design, that can attain a maximum speed of 35 miles per hour on a paved level surface, is fully enclosed and has at least one door for entry, has a wheelbase of 40 inches or greater and a wheel diameter of ten inches or greater, and except with respect to maximum speed, otherwise meets or exceeds regulations in the Code of Federal Regulations, title 49, section 571.500, and successor requirements.
 
(2)   NEIGHBORHOOD ELECTRIC VEHICLE means an electrically powered motor vehicle that has four wheels, and has a speed attainable in one mile of at least 20 miles per hour but not more than 25 miles per hour on a paved level surface.
 
(B)  Operation of neighborhood electric vehicles on city streets is prohibited except as provided in (C) below.
 
(C)  Use on designated exclusive city streets. The City Council may, by resolution, designate exclusive city streets within its jurisdiction where the operation of neighborhood electric vehicles or medium speed electric vehicles is permissible, provided that no street so designated has a speed limit of more than 35 miles per hour.
 
(D)  A neighborhood electric vehicle or a medium-speed electric vehicle may be operated on public streets and highways only if it meets all equipment and vehicle safety requirements in Code of Federal Regulations, title 49, section 571.500, as it may be amended from time to time.
 
(E)  Authorized city staff may operate city owned neighborhood electric vehicles and medium speed electric vehicles within the city on city streets, sidewalks, trails, rights-of-way and public property when conducting city business.

 
                     CHAPTER 74:  BICYCLES, ROLLER BLADES, ROLLER SKATES,
                                                 ROLLER SKIS AND SKATEBOARDS
 
 
Section
 
                                                                             Bicycles
 
74.01     Definition
74.02     Traffic laws apply
74.03     Manner and number riding
74.04     Hitching rides
74.05     Where to ride
74.06     Right-of-way; sidewalks
74.07     Carrying articles
74.08     Lighting and brake equipment
74.09     Sale with reflectors
 
                                    Roller Blades, Roller Skates, Roller Skis and Skateboards
 
74.25     Definitions
74.26     Unlawful acts
74.27     Right-of-way
74.28     Hours of use
 
74.99     Violations
 
 
 
                                                                         BICYCLES
 
 
' 74.01  DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
 
BICYCLE.  Every device propelled solely by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices, and including any device generally recognized as a BICYCLE though equipped with two front or rear wheels.
 
 
' 74.02  TRAFFIC LAWS APPLY.
Every person riding a bicycle on a street or upon any path set aside for the exclusive use of bicycles shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except as to special regulations in this chapter and except as to those provisions of this chapter which by their nature can have no application.
 
 
' 74.03  MANNER AND NUMBER RIDING.
(A)  It is unlawful for any person propelling a bicycle to ride other than upon or astride a permanent and regular seat attached thereto.
 
(B)  No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped, except on a baby seat attached to the bicycle, provided that the seat is equipped with a harness to hold the child securely in the seat and that protection is provided against the child's feet hitting the spokes of the wheel, or in a seat attached to the bicycle operator.
Penalty, see ' 74.99
 
 
' 74.04  HITCHING RIDES.
It is unlawful for any person riding upon any bicycle, coaster, roller skates, roller blades, skate board, sled, or toy vehicle to attach the same or themselves to any vehicle upon a street.
Penalty, see ' 74.99
 
 
' 74.05  WHERE TO RIDE.
(A)  Every person operating a bicycle upon a street shall ride as near to the right side of the street as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
 
(B)  Persons riding bicycles upon a street shall not ride more than two abreast except on paths or parts of streets set aside for the exclusive use of bicycles.
Penalty, see ' 74.99
 
 
' 74.06  RIGHT-OF-WAY; SIDEWALKS.
Whenever a person is riding a bicycle upon a sidewalk, the person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing the pedestrian.
Penalty, see ' 74.99
 
 
' 74.07  CARRYING ARTICLES.
It is unlawful for any person operating a bicycle to carry any package, bundle, or article which prevents the driver from keeping at least one hand upon the handlebars.
Penalty, see ' 74.99
 
 
' 74.08  LIGHTING AND BRAKE EQUIPMENT.
(A)  Every bicycle, when in use at night time, shall be equipped with, or its operator shall carry a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front, and with a red reflector on the rear of a type approved by the Department of Public Safety which is visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle.  A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.  No person may, at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of 500 feet ahead, operate a bicycle unless the bicycle or its operator is equipped with reflective surfaces that shall be visible during the hours of darkness from 600 feet when viewed in front of lawful lower beams of headlamps on a motor vehicle. The reflective surfaces shall include reflective materials on each side of each pedal to indicate their presence from the front or the rear and with a minimum of 20 square inches on each side of the bicycle or its operator of white reflective material. All reflective materials used in compliance with this section shall meet the requirements as prescribed by the Commissioner of Public Safety.
 
(B)  Every bicycle shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level, clean pavement.
Penalty, see ' 74.99
 
 
' 74.09  SALE WITH REFLECTORS.
It is unlawful for any person to sell or offer for sale any new bicycle unless it is equipped with such reflectors as are prescribed in ' 74.08.
Penalty, see ' 74.99
 
 
 
               ROLLER BLADES, ROLLER SKATES, ROLLER SKIS AND SKATEBOARDS
 
 
' 74.25  DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
 
BUSINESS DISTRICT.  That part of the City so designated by council resolution.
 
OPERATE.  To ride on or upon or control the operation of roller blades, roller skates, or a skateboard.
 
OPERATOR.  Every person who operates or is in actual physical control of roller blades, roller skates, or a skateboard.
 
ROLLER BLADES/ROLLER SKATES.  A shoe with wheels attached or a device with wheels which is designed to be attached to a shoe.
 
ROLLER SKIS.  A pair of skis platformed with wheels attached which is intended to simulate skiing.
 
SKATEBOARD.  A device for riding-upon, usually while standing, consisting of an oblong piece of wood, or of other composition, mounted on skate wheels.
 
 
' 74.26  UNLAWFUL ACTS.
(A)  It is unlawful for any person to operate roller blades, roller skates, roller skis or a skateboard under the circumstances set forth hereafter:
 
(1)   On any public sidewalk, street, or public parking lot within the Business District;
 
(2)   On private property of another without the express permission to do so by the owner or occupant of the property; or
 
(3)   In any careless, reckless, or negligent manner so as to endanger or be likely to endanger the safety of any person or property of any other person.
 
(B)  It is unlawful for any person operating roller blades, roller skates, roller skis or a skateboard to attach the same, or the person of the operator, to any vehicle upon a street.
 
(C)  Every person operating roller blades, roller skates, roller skis or a skateboard upon a street shall ride as close as possible to the right-hand curb or edge of the street.
 
(D)  Every person operating roller blades, roller skates, roller skis or a skateboard upon a street shall observe the same rules of the road as required of bicycles, pursuant to M.S. ' 169.222.
Penalty, see ' 74.99
 
 
' 74.27  RIGHT-OF-WAY.
The operator of roller blades, roller skates, roller skis or a skateboard emerging from any alley, driveway, or building, upon approaching a sidewalk or the sidewalk area extending across any alleyway, shall yield the right-of-way to all pedestrians approaching on the sidewalk or sidewalk area and upon entering the street shall yield the right-of-way to all vehicles approaching on the street.
Penalty, see ' 74.99
 
 
' 74.28  HOURS OF USE.
It is unlawful for any person to use roller blades, roller skates, roller skis or a skateboard upon a public street, sidewalk, or other roadway from 10:00 p.m. to 6:00 a.m., except on private property with express permission of owner, and except if the roller blades, roller skates, roller skis, skateboard or operator are equipped with reflective surfaces that shall be visible during the hours of darkness from 600 feet when viewed in front of lawful lower beams of head lamps on a motor vehicle. The reflective material shall be a minimum of 40 square inches. All reflective materials used in compliance with this section shall meet the requirements as prescribed by the Commissioner of Public Safety.
Penalty, see ' 74.99
 
 
 
' 74.99  VIOLATIONS.
A person apprehended by a peace officer in violation of the provisions of this chapter does, by his or her use of the public sidewalks, streets, and public parking lots, consent to the impoundment by a police officer of the roller blades, roller skates, roller skis or skateboard for a period of three days upon a first offense, a week upon the second offense and 30 days upon a third or additional offense. Any operator aggrieved by the impoundment of his or her roller blades, roller skates roller skis or skateboard may petition the Council for a hearing thereon at the next regular Council meeting following the impoundment. This provision is in addition to the provisions for fines and penalties as set forth in ' 10.99.