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HomeMy WebLinkAbout#246 All Terraine Vehicles a f / ~;~7 fG,,~% G' f f ~ s WIP~ Minutes of the Begt . Page 3 !{arlvn Tramm stated The Planner stattd rastricted ar?d Zisi arise tAe SUP cauld . . itayne 3ohnson ttato the nemDers at tbe i otcurrsd s fav yuri address tbe caac.Em fuzther statad tt?e : socfal c1uD, but to P4eury tsked if ruidf w r STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26 OF THE ARDEN HILLS CODE BY INCREASING PURVIEW THEREOF TO ENCOMPASS RECREATIONAL MOTOR VEHICLES, REORGANIZING SAID ARTICLE, AND ADDING A SECTION REQUIRING MANDATORY PENNANTS FOR SNOWMOBILES The City Council of Arden Hills ordains: Section 1. Change of Title of Article II of Chapter 26 of Arden Hills Code. Article II of Chapter 26 of the Arden Hills Code is hereby amended to read "RECREATIONAL MOTOR VEHICLES". Section 2. Amendment to Section 26-22 of Arden Hills Code. Section 26-22 of the Arden Hills Code is hereby amended to read as follows: "Sec. 26-22. Adoption and Incorporation by Reference of Statutes anc3 Regulations. Sections 84.1 through 84.90 of Minnesota Statutes, as now constituted and as hereafter amended, together with the regulations of the Minnesota Department of Natural Resources, including specifically but not limited to, Sections NR51 through 59 as now constituted and as hereafter amended, are hereby adopted by reference, made a part of this Chapter as though completely set forth herein, and shall regulate the operation of recreational motor vehicles on lands not owned by the operator within the City. At least three (3) copies of said statutes and regulations, as so adopted, shall be marked as official copies and filed in the office of the Clerk-Administrator in the City Hall. Section 3. Repeal of Section 26-22(b) of Arden Hills Code; Addition of New Section 26-23 Thereto. Article II of Chapter 26 of the Arden Hills Code is hereby amended by striking, deleting and repealing subsection (b) of Section 26-22 thereof, and substituting therefor a new Section 26-23 which reads as follows: "Sec. 26-23. Effect of Violation of Statutes and Regulations. Any violation of the statutes and regulations adopted by reference in the previous Section hereof shall be considered a violation of this - 1 - ~ Article of the Arden Hills Code when it occurs within the limits of the City. Any Qerson violating any provision thereof shall be guilty of a misdemeanor and shall be punished as provided in Section 1-10 of this Code." Section 4. Deletion of Title "DIVISION 2. SNOWMOBiLES" and Repea of Sections 26-29 an 26-30 o Arden Hi ls Code. T e title "DIVISION 2. SNOWMOBILES", which appears between Sections 26-22 and 26-29 of the Arden Hills Code, is hereby deleted, and Sections 26-29 and Sections 26-30 thereof are hereby repealed. Section 5. Addition of New Section 26-24 to Arden Hills Code. Artic e II o C apter 26 o t e Arden Hi s Code is hereby amended by adding thereto a new Section 26-24 which reads as follows: Sec. 26-24. Intent. It is the intent of this Article to supplement the laws of this State with respect to the operation of recreational motor vehicles, in particular, and Chapters 168 through 171 of Minnesota Statutes, as amended, in general. This Articl.e is not intended to allow what the State statutes prohibit nor to prohibit what the State statutes expressly allow." Section 6. Addition of New Section 26-25 of Arden Hills Code. Article II o C apter 2 o t e Ar en Hi s Co e is hereby amended by adding thereto a new Section 26-25: "Sec. 26-25. Definitions. For the purposes of this Artic e, t e o owing words and phrases shall have the meanings respectively ascribed to them: (a) All Terrain Vehicle: A three-wheel, off-road vehicle or motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight of less than 600 pounds. (b) Operate: To ride in or on and control the operatio-' n of a recreational motor vehicle. (c) Operator: A person who operates or is in actual physica7 control of a recreational motor vehicle. (d) Owner: A person, other than a lien holder, having ownership of or title to a recreational motor vehicle and entitled to the use or possession thereof. - 2 - (e) Recreational Motor Vehicle: A self-propelled vehicle an any vehic e prope e or drawn by a self- propelled vehicle used for recreational purposes including, but not limited to, any snowmobile, trail bike, all-terrain vehicle, hovercraft and other motor vehicle licensed for highway operation which is being used for off-road recreational purposes." (f) Roadway: That portion of a highway improved, designed or ordinarily designed for vehicular traffic. (g) Snowmobile: A self-propelled vehicle designed for travel on snow or ice on a natural terrain, steered by wheels, skis or runners. Section 7. Change in Notation as to Sections Reserved at End of Division 1 of Article IT o Chapter. The notation at the end of Division 1 of Article II of Chapter 26 of the Arden Hills Code as to Sections reserved for future use is hereby amended to read as follows: "Secs. 26-26 through 26-30. Reszrved. Section 8. Addition of New Title for Division 2 of Article II of Arden Hills Code and P acement Thereof. Immediately prior to Section 26-31 of the Arden Hills Code, the following new title for Division 2 of Article II of Chapter 26 thereof shall be inserted: "DIVISION 2. REGULATIONS" Section 9. Substitution" of Term "Recreational Motor Vehic e" for "Snowmobi e Wherever the Latter Appears in Sections 26-31 through 26-48 of Arden HiTls Code. Wherever the term "snowmobile" appears in Sections 26-31 through 26-48 of the Arden Hills Code, the term "recreational motor vehicle" shall be substituted therefor. Section 10. Substitution of More Comprehensive Adjective in Section 26-36 of Arden Hills Code. At the beginning of the fourth line of Section 26-36 of the Arden Hills Code the adjective "snowmobiling" appears. That adjective is hereby stricken and deleted and replaced with the adjective "recreational motor vehicle". Section 11. Addition of New Section 26-49 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-49 which reads as follows: - 3 - . ~ Sec. 26-49. Mandatory Pennant for Snowmobile. No person shall operate a snowmobile unless such vehicle is equipped with a red or orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of not less than five (5) feet above the treadway." Section 11. Effective Date. This Ordinance shall be effective from and after its passage and publication. Passed by the Council this day of , 1987. Robert Woodburn, Mayor Attest: Patricia J. Morrison, ~ Clerk-Administrator - 4 - MEMORANDUM Date: January 23, 1987 To: Mayor and Council From: Patricia J. Morrison, Clerk Administrator~J Re: Proposed Ordinance - Snowmobiles If the Council determines it appropriate to have first reading on the amendment to our existing Snowmobile Ordinance, I propose the following title, for further consideration by Mr. Lynden: "An Ordinance Providing that the Code of Ordinances, City of Arden Hills, be amended by adding appropriate sections to Article II, Section 26, as it relates to Recreational Vehicles." Proposed Amendment to Snowmobile Ordinance Mayor Woodburn noted that he participated in the original drafting of the ~ Ordinance and advised that something may have been omitted during the codification process. He suggested the Attorney review the prnposed amendment . and return with comments and clarification. . ' ansen agreed that the language is awkward. She suggested Council should consider adding wording to make our ordinance more unified with the neighboring cities; also she would like to include shoreline regulations, such as Shoreview ~has done in their ordinance. Council consensus was to refer all information to the Attorney for his review, recommendation and for use in drafting the amendment. ~ jy~ ~ ~ ~ . , J 26-22 AR.DW IiILIS GODE _ AHy'ICLE II. RECREATIt)NAL VEHICLES DIViSION 1. GENER.ALLY Sec. 26-22. Adoption of statQtes. (a) Subdivieiona 1, 2, 4, 5, 6, snd 7 of Section 84.90 of Minnesota Statutes, as now conatituted and as hereafter emended, are hereby adopted by referrence, made a prert of this chapter as though completely aet forth herein, and shall regulate the operation of reereational motor veluclea and snowmobiles, as defined therein, on landa not owned by the operator within the city. At lesst three (3) copiea of said sttatute, so sdopted, shall be marked as official copies and - filed in the office of the clerk-adminiatrator. (b) Any violation of the statute adopted by reference in thia section ehall be avicrlation of this aection lavhen it occurs within the limita of the city. Any pereon viotating any provision thereof shall be guilty of a misdemeanor and shaIl be puniahed as provided ia eectioa 2-10 of thie Code. (Ord. No. 190, § 1, 7-14-76) Secs. 26-23-26-28. ReservetL DIVISION 2. SNOWMUBILFS* Sea 26-29. Intent. It is the intent of this diviaion ta augplement the laws of the state with respect to Lhe operation o€ anowmobiles, and Chapters 168 through 171, Minnesots Statutea. This divieion ig not intended to allow whet the state statutes prolubit nor to prohibit what the etate statutea exgressly allow. (Ord. No. 125, § 1, 22-8-69) Sec. 26-30. Defmitiona. For the purposes of this divisitan, the following words and phrsses ahall have the meaninp respectively eacribed to them: . 'State 14w retereace-Snowmohiles, MSA ~ 84.81 et eeq. 3upp. No. 3 1524 ~ TRAFFIC § 26-33 Operate: To ride in or on and control the operation of a snowmobile. Operator: A peraon who operates or is in actual physicai control of a snowmobile. Owner: A person, other than a lien holder, having Lhe property in or title to a snowmobile and entitled to the use or possession thereof. ' Roadway: That portion of a highway improved, designed or ordinarily used for vehicular traffic. Snowmobile: A self-propelled vehicle deaigned for travel on snow or ice on a natural terrain steered by wheels, skia or runners. (Ord. No. 125, § 2, 12-$-69) Sec. 26-31. Compliance with statutes. It ahall be unlawful for any person to 'operate a snowmobile upon the traveled portion of any public street or highway egcept in compliance with sil pravisions and requirements of Chapter 169 of the Minnesota Statutea, egcept those which by their nature have no application. (Ord. No. 125, § 3(m), 12-8-69) Sec. 26-32. Regiatration. ° It shall be unlawful for any person to operate a , snowmobile within the city unless such anowmobile ia currently and validly registered with the atate and its registered number is conspicuously displayed thereon in t accordance with state law. (Ord. No. 125, § 3, 12-5-69) ? ; Sec. 26-53. Operator's age. It shall be a violation for any peraon under fourteen (14) yeara of age to make a direct crosaing of a trunk, county state aid, village, or county highway as the operator of a anowmobile. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may make a direct crossing of a trunk, county atate aid, or county highway, or city road, only if he has in his immediate posseasion a valid 1525 ~ • . ~ . 26-33 ARDEN HILLS CODE snowmobile safety certificate iasued by the commisaioner of " public safety. (Ord. No. 125, § 3(q), 12-8-69) ~ Sea 26-84. Permission to operate on public property. f' ~ it ahall be unlawful for any person to operate a snowmobile upon any lands, except public right-of-ways ~ owned by the city, county, state or school district unless permission to do so is lawfully posted upon such land. (Ord. No. 125, § 3, 12-8-69) Sec. 26-36. Operation within right-of-way. a "It shall be unlawful for any peraon: r (a) To operate a anowmobile upon the roadway, shoulder b` or inside bank or elope of any trunk, county state aid, ~ city or county highway in this state, and, in the case ~ of a divided trunk or county highway, on the right of t " way between the opposing lanes of traffic, except as ' pravided herein; - , (b) To operate a snowmobile within the right-of-way of ~ ~ any trunk, county atate aid, city or county highway ! between the houra of one-half hour after sunaet to ! one-half hour before sunrise, except on the right-hand ~ side of auch right-of-way and in the same direction as r the highway traffic on the nearest lane of the roadway [ adjacent thereto; ~ (c) To operate a snowmobile at any time within the ~ right-of-way of any interstate highway or freeway. , (Ord. No. 125, § 3, 12-8-69) ( ~ Sec. 26-36. Operation on streets generally. ~ ; It ahall be unlawful for any peraon to operate a k anowmobile upon the roadway of any city street except in a K direct route from the operator's home to a permitted ; snowmobiling area or return, and then auch operation shall j be in compliance with the following regulationa: (a) Operator shall be in a standing position at all times. (b) Speed shell not egceed eight (8) miles per hour. 2b26 ; ~ TRAFFIC f 26-38 (c) Operator ahall yield right-of-way to sll other vehicles and all pedestrians. (d) Operation shall be on the right side of center line as far as ahall be practicable. (e) Headlight snd taillight shall be illuminated at all times. (t) Operator ahall disffiaunt from machine and walk machine through ell turns with operator walking on the aide of the machine outside of the turn. (g) Operation shall be prohibited between the houre of 10:30 p.m. and 7:00 am, escept for following a direct route from a permitt+ed snowmobiling area to Lhe operator's home. (Ord. No. 125, § 3(p), 12-8-69) Sec. 26-37. Permiseion to ogerate on private land. It she11 be unlawful for any person to operate a snowmobile upon any privately owned lands without the consent and permission of the owner of such Iands, given in the manner provided in Section 84-90, Subd. 2, af Minnesota Statutea, as amended, which is 'incorpozated herein by reference and adapted in Section 26-22 of thia Code. (Ord. _ No. 125, § 3(c), 12-8-69) Sec, 26-38. Crossing streets, highways. With respect to direct crossing of a tsunk, county state aid, city or county highway, such crossings may be 'made provided: ri (a) The crosaing is made at an angle of approzimately ninety (90) degreea to the direction af the highway and at a place where no obstruction prevents a quick and safe crossing; and (b) The anowmobile is brought to a camplete etop before croesing the shoulder or main traveled way of the highway; and " (c) The drivez yielda the right-of-way to all oncoining traffic which constitutes an immediate hezard; and 1527 . " § 26 f38 ARDEN HILLS CODE ~ F r (d) In crossing a divided highway, the crossing is made only at an intersection of such highway with another public atreet or highway; and ; , (e) If the crosaing ie made between tbe hours of one-half ' hour after sunset to one-half hour before sunrise or in } conditions or reduced visibility, only if both front and ~ rear lights are on. ~ Provided, however, that operation upon a street or highway as provided herein, may be permitted without reference to these restrictions in an emergency during the period of time ` when and at locatione where snow upon the roadway E renders travel by automobile impracticaL (Ord. 1`+la. 125, _ 3(o), 12-8-69) i ~ ~ Bec. 26-39. Driving under the influence. ~ It shall be unlawful for any peraon to operate a i enowmobile while under the influence of intozicatiag tiquor ' or narcotica or babit-forming druga. (Ord. No. 125, § 3(g), ~ 12-8-69) ; j j $ec. 28-40. Speed generally. f i It ahall be unlawful for any person to operate a ~ saowmobile at a rate of speed greater thsn reasonable or i proper under the surrounding circumstanoea. (Ord. No.125, 3(e), 12-5-69) Sec. 26-41. Carelese, recklesa operation. It ahall be unlewful for any person to operate a anowmobile in a careless, reckless or negligent manner so as to endanger the peraon ar property of another or to cause injury or damage thereto. (Ord. No. 125, § 3(t), 12-8-69) See. 26-42. Prozimity to residences. It shall be unlawful for any person to operate a snowmobile within one huadred (100) feet of a residential building between the hours of 11:00 p.m. and 7:00 a.m. ezcept with the permisaion of adult oocupants of such 1528 - . • TRAFFIC f 26-47 building or egcept when traveling in a direct route from a permissible area for anowmobiling to the home of the operator. (Ord. No. 125, § 3(s), 12-8-69) Sec. 26-43. Protection of vegetation. It shall be unlawful for any person to operate a anowmobile in any tree nursery or planting in a manner which damages or destroys growing stock. (Ord. No. 125, § 3(h), 12-8-69) Sec. 28-44. Disturbing peace. It ahall be unlawful for any person to operate any snowmobile in a manner which constitutes a public nuisance and annoys, injurea or endangers the health, safety, comfort or repose of the public. (Ord. No. 125, § 3(1), 12-8-69) Sec. 26-45. Equipment generally. ' It shall be unlawful for any person to operate a snowmobile unless it ia equipped with at least one headlamp and one tail la.mp, and with brakes, both lamps and brakes to conform to state law and to atandards prescribed by the rule of the commissioner of highways pursuant to the authority vested in him by Section 84.86 of Minnesota Statutes. (Ord. No. 125, § 3(k), 12-8-69) Sec. 26-46. Use of headlight. ; It ahall be unlawful for any person to operat'e a anowmobile during the hours between one-half hour before sunaet and one-half hour after sunriae without the required headlight and taillight being illuminated. (Ord. No. 125, § 3(d), 12-8-69) y fi Sec. 26-47. Muffler. It shall be unlawful for any person to operate any snowmobile unlesa auch snowmobile is equipped with s standard engine muftler and ezhaust eystem in good 1529 ; § 26-47 ARDEN HILIS CODE operating condition, as inatalled by the msnufacturer, egcept that a muffler may not be required when the manufacturer has designed and installed an eahaust system which operates se safely and efficiently without a muffler. (Ord. No. 125, § 3(i), 12-8-69) Sec. 26-46. Noise making devicea. It shall be unlawful for any person ta operate any snowmobile which has attached to it any type of noiae making devicea intended to amplify noise emitted from such machine, including, but not limited to, devices commonly known as megaphonea, eapansion ehambers, operational cutouts or other similar devices. (Ord. No. 125, § 3(j), 12-8-69) ~ - ~ ~ ~ ~ C k ~ ~ ~t F( E' ~ x f ~ E t ~ - ~ ` ['The nezt pege is 15821 1530 i ~ ( I'll.l'l0Rl'YLwL Ul"1 Date: January 23, 1987 To: Mayor and Council ~ From: Patricia J. Morrison, Clerk Administrator Re: Proposed Ordinance - Snowmobiles If the Council determines it appropriate to have first reading on the amendment to our existing Snowmobile Ordinance, I propose the following title, for further consideration by Mr. Lynden: "An Ordinance Providing that the Code of Ordinances, City of Arden Hills, be amended by adding appropriate sections to Article II, Section 26, as it relates to Recreational Vehicles." \t ~ l~ ~ ~ ~ . 5 96•22 ARDEN HII.18 CODB ' ARTICLE II. REC1tEATIONAL VBHICLBB ' 77u"IC 126.33 ~ DIVISION 1. GENERAId.Y Operate: To ride in or oa and control t~}u operaGon of • enowmobile. ' Bec. 28-22. Adoptlon ot rtatatas. Operntor: A pereon who operatee or ie in sctual phyeical ' control of e snowmobile. (a) 8ubdivieione 1, 2, 4, S. 6, and ? of Section 84.90 of Minneeota Statutee, ae nav ooartituted and se hareafter Owner: A pereon, other then a lien holder, havinQ the amended, ue 6ereby adopted by referenoe, mede a pert of property in or title to a enowmobile snd entitled to the uee thie chapter ts thnugh ooanpletely met forth 6ereu?, and or poeeeesion thereof. • shell ngulate the operstion of »crwtiowl motor pehicla Roadway: That portion of a highway impmved, designed and unowmobiler, u defined tberoin, on landt not oaded by or ordinarily wed for vehicular traffic. the operator within the city. At leut t6ree (8) copies of oaid ttati?te, w odopteri, sheij be muieA r a'fsc;:1 oopim and Snowmobile; A eelf•propelled vehicle designed for travel filed ia the offioe of the cJwk-~dmini~ttatar. on raow or ice oa e natural terrain eteered by wv6eeL, skie (b) Any violation of the statute adopted by nfenaoe in ' or runnere. (Ord. No.126, 12,12•8-69) , this "ction shal] be a violatim of tbie "ction when it Sec. 26-81. Complianoe wit6 statntes. OcC4r8 1Y1t11A the ilYLlt! Of the C1tY. any Persop vioV+ing t any provieion thereof oholl be guilty Of a miedemeanor and It ehall be unlewful for any perwn to ' operate a rlal1 be punished ae provided in rsctian 1-10 di thir Code. enowmobile upon the traveled portinn af any p6bGc etreet or ; (Ord. No.190, 11, 7•14•76) highway ercoept in compliance with all ; ptovieione and 1 requirennents uf Chaptsr 169 of the Minnewta $tatutes, Yj 8ea. $8•$3-~-Z8. Bearved. e:cept thoee which by their nature luve no application. ~ (Ord, No. lZb, 1 3(m), 12•8-89) i DIVISION 2 SNOWMOBII.ES' ' Sec. 28•82. Begistration. ~ Bec. 26•28. lntent. It ahall be uniawful for any pereon to operate a ~ It is the intent of thie divirion to rupplament the laae of enowmobile within the city unlesa ruch enoavmobile is ' the rtste with reepect to the operation of anowmobiles, and currently end validly regietered with the etate and ite Cheptera 168 t6rough 171, Minneeote Statutee. Thie divirion registered number ie conepicuouely displayed thereon in in not intended to allow ahat the state tistutee pmlubit not accordance with etate law. (Ord. No. 125, 13,12-8-69) to p~hibit what the etate ~tabites eipn~ely ellow. (Ord. No. 8ec. 28-38. 0 g per4tor'~ a e. 126, 1,12•B-69) It ehall be a violation for any pereon under fourteen (14) I 8ec. 26•30. Definltlaw. yeare of age to make a direct crossing of a trunk, county For the purpoeee of thir divieipn, tthee folloaing words and state aid, villege, or county highway ea the operator of a phtaeee shell 6eve the meaniv4~ respecavety ascribed to enoavmobile. A pereon fourteen (14) yeare of ege or older, but tham; , less than eighteen (18) yeare of age, n?ay aoake a d'uect 0 eut~ law r~tee~ae~-Bao+~o6i7~, YSA f 8~.81 et ~eq. cr~~8 of a trunk, county atate aid, or oounty highway, or city roed, only if he hae in hir immediete poaeeeeion a velid eapp. No, 3 1524 , ~ 1525 f , ~ ; 26'33 ARDEN HII.IS CODE TRAFFIC 126-88 anoavmobile rafety certificate ieeued by the commwioner of (c) Operator shall yield right-of•wy? to 1011 other vehicla ~ public eafety. (Ord. No.125, j 3(q),12-8-69) and all pedeetriane. Bec• ~6-54. Parmi~~ion to oysrate o~ public property. (d) Operation ehall be on the right ude of oentor line ar It shaU be uinlawful for en far ae ahell be practicable. Y Pereon to operate a - ~f enowmobile upon eny lande, e:cept public right-of-waya (e) Headlight and tail4ght shall be iDilnainated et all owned bY the citY, county, state or school district unless timee. permiseion to do eo ie leafully poeted upon euch land (Ord. (f) Operator ahell diemount fmm machine and walk Na, 125, f 3,12-8-69) machine through ell turne witb operator wellting on the eide of Bec. 28.86, pperatlon ~vithin right•of-pay, the machine outeide of the turn. It ehell be unlawf~( far u~ (g) Operation shall be prohibited between the houre ot ypen0n' 10:30 p.m. and 7:00 am. e:oept for fotlowing a direct (a) To operate a ruowmobile upon the roadway, shoulder route from e permitted enowmobiliag uea to the or ineide bank or rlope of any trunk, cowoty etate aid, operator'r home. (Ord. No.126, ¢ 3(p),12-8-69) aty or county highwty in thie etate, and, in the caee p- ot o divided trunk or county highwey, on the right of 8ec. 28-87. Permissiod ~o oyersk on private land. wey between the oPPain8lanee o# traffic, ezcept Ae It i Bhall be ualawfiil for an , provided herein; Y P~a to operate a . ano+vmobile upon any pnvately owned lande without t6e (b) To operate a wowmobile within te right-of•wey of oonsent end permiesion of the owner of euch landa, given w °nY trunk, countY state eiid, aty or county highway tbe menner provided ia 3ection 84•90, $ubd. 2, of Minnesota betweeq the haure of oae-half bour after ew~eet to 3tetutes, es amendea, which ie tncorporeted herein by one•helf hour bepure sunriee~ e:cept on the right•hand reference eud adopted in Section ~-22 of thia Code. (Ord, eide of euch right-of-wBy and in the rame direction ae No. l?b, J 3(c),12-8-69) the hiBbWey treFfic on the neareet lane of the roedway adjecent thereto; Bec. 28-38. Crooring streets, highways. (c) To operate a movmobile et eny time within the R'i~ ~Pect to direct craeeing of a tnuilt, county itste 'right-of•way of any imteretate ligbaoy or freeway. aid, city or oounty highpay, iuch croaings may %`made (Ord. No.12b, j 8,12-8-89) Provided: $ec. 98-88. (a) The croeeing is mede at an ~le of approiimately Operatlon oa streete geaerally, ninety (90) degrem to the direction of Lhe highwey and it ,be11 be unlewful for eny pereon to operate e at a place where no obtruction preventa e quick and snowmobile upoa the msdway of any city etreet ezcept in a °afe cr0sein8; e°d direct route fram the opsretor'e home to a permitted enowmobiliag erea ur ntura, and then euch operation eball (b) The ,nowmobile ie broug6t to a complete ~top before be in compliance with tbe foll croeeing the eboulder or main treveled Wiy of the ovin8 regulatione: Aighwey; and (e) OPeretor ehall be in a rtanding position et all times. (c) T6e driver yields the right-of-way tu all oncomiag (b) Speed shell not ezcesd eight (8) milee per hour. traffc which corutrtutee w immediate hwrd; end 1626 1527 . • - TRAMC 12647 , 696.38 ARDEN HiLIB CODE ' building or e=cept when traveling in e direct route from a ' (d) In croeeing e divided highwey, the croesing ia made permiesible area for snawmobiling to the home °f the only at an intereectaon of auch highway aith snother opeCBtor. (prd. No.125,1 3(a),12-5-69) pubGc atseet or highway; and . , . (e) If the croseing ie made between tbe hours of one-half $ec. 28-48. Protection of vogetation. hour after auoeet to one-half hour before aunriee or in It ehall be unlawful for any peraon to operate a ' conditione or reduced vieibility, only if both froat and ~o~obile in eny tree nurseq' Qr PlentwB m a cnanner rear lights are on. which demegee or datroye growin~ eLock. (Ord, No. 12b~ ~ Provided, however, that operetion upon a etreet or highway g(h),12-8-89) aa provided herein, mey be permitted without reference to these reetricteone in an emergency during the period of time geo. 26-44. DietnrbinQ peace. when and et locstione where anow upoa t6e roedwey It e~ for sny pe~eon to aPerete any rendere travel by automobile impractical. (Ord. Na 125, # anoavmobile in a manner wluch c°netat°~e a publtc 9(01,12-B•69) nuieance and annoye, injuree or enden6ets the health, ~'$ty, coonfort, or repoee of the public. (Ord. No.126, 130), $ec. 88-39. Drlvins ander the iaflnenca 12,8.69) , It thell be wilawful' for aAY Peraon to operate a . tnowmobile while under the influence of intoucating liquor gec, 26-46. Equipment `ensrally. j ar parcotice or babit-forming drugB. (Ord. No. 126, I 3(g), It ehall be wnlawful for any person to operate t I I 12-8-69) 'nowmobile unlese it is equipped with at leaet one head]amP ' I Ssc. $8-40. 8peed cenerally. end oae tail lamp, and rvith brekes, both lampa end bralces to conform to etate law and to etanderde prescribed by the ~ It ehall be unlawful for sny pereon to operate a nile of the commiesioner of highweye ptueuant to tha j mowmobile at a rate ot rpeed greater then e+easonable or authority vested in him by Section 84•86 of Minnesota ~ 3tatutee. (Ocd. No.125, 1 3(k),12-8-69) ~ proper under the eanounding circumstanoes. {Ord. No.12b, f i 3(e),12-8-65) gec, 26-48. U~e of headli~ht. ~ $ec. 58-41. Careleas, reckless operatiom to operatfs a ~ It ehell be unlawful for any peraon to operate a It ehall be unlawful for any peron snowmobile during the houre between one•half hout aefore I snowmobile in a careleoe, reckleea or negligent meanar eo ae ounset and one-half hour after eunriee avitl?out tha reduired I to endanger the peeeon or pmperty of another or to cauee beadGght and tpillight beinQ illuminated• (Ord• No. }25, j , iqjury or damege thereto, (Ord. No.126, s S(t),12-8-69) 3(d), 12-8-69) f 8ec. $6-42. Proximity to residenaes. Bec. 28•47• Mufiler• ' It &hall be unlawful [or tny pereon to operate a It rhall be unlawful for any pereon to opertte any . k uwwmubile within one hundred (100) feet of a residential onowmobile unleea euch snowmobile ie equipped aith e building between the houre of 11:00 p.m. and 7:00 a.m. standard engiae muftler and eshaust orte°° in gQOd i ezcept With the perrmiYion of adult occupente of ruch i~ 3629 ~ 1628 C ~ ' ~ . 14619 ARDEN HII.1 9 WDE .opereting coadition, ee inetelled by the menufacturer, , ezcept that e muffler mey not be required wben the . manufacturer hae designed and itstelled an exlnauet eyetem ahich operatea as rafely wd efficiently without a muffler. (Ord. No.12b, ! 9(i),12•8-89) . 8ec. 26-48. Noise molcing devicem. a Tt rhell be unlawful for any pereon to operate any ~ anowmobile which hae attached to it eny type o[ noiee making devicee intended to amplify noiee emitted from euch machine, including, but aot limited to, devices oommonly icnawn o megephonee, expansion chambere, operetional cutonte or othe: wnilar devicer. (Ord. No. 125, ~ 8(j), 12-8-69) - / ~ [The nat pp is 1581J 1530 Minutes of Regular Public Safety/Works Committee Meeting Village of Arden Hills Thursday, January 15, 1987 Village Hall Call to Order The meeting vas called to order at 7:30 p.m. by Acting Chairman Malone. Roll Call Present: Roy Ambli. Rob Carley, Bill Gillies, Duane Long, Paul Malone, David McClung, Bud Steglich. Jerry Timm, Ld Trolander, Donald Zehm Absent Richard Schultek Oaths of Office The oath of office was administered to those present by Council person Hansen. Council Report Hansen reported briefly on reeent Council actions of interest to this committee. The contract with LJVFD for 1988-89 is currently being negotiated; their contract with Shoreview covering Station #3 is being used as a basis for negotiations, although changes vill be made. Deadline for contract completion and acceptance by LJVFD and the contract cities is July 1. Approval of Minutes Motion vas made by Timm, seconded by Steglich, that the mfnutes of December 18, 1986 be approved as submitted. Motion carried unanimously. Police and Fire Devartment Reports A review of the year end repart fram the Ramsey County Sheriff's Office showed a 12% increase in number of incidents reported in 1986 when compared to 1985. Deputy Herbst reported that December vas a very quiet month in terms of total number of incidents; there was an fncrease in burglaries. DWI's remain high; studies show that over 40% of the arrests are of repeat offenders. Timm asked vhy an Arden Hills' crime report is not listed in the New BriRhton Bulletin; Herbst replied that the files are open to any reporter it is the newspaper's choice as to Whether they are printed or not. In response to an inquiry about the newly instituted False Alarm Ordinance, Herbst reported he feels it is vorking very well and has decreased the number of calls. Three businesses incurred fines (for more than three false alarms in a calendar year) under the Ordinance in the Zast four months of 1986. SAC~,b i 1~,.~„?•l~erra~r ~.ic ],~:.,~.~dina~ce= Timm reported that the subcommittee had studied the ordinances of all surrounding communities, and is recommendiag retafning the present ordinance, but adding a paragraph to include the DNR's statutes, a paragraph making the ordinance cover all terrain vehicles as vell as snowmobiles, and a paragraph requiring that snowmobiles be equipped vith a pennant. These additions vould fulfill the request of the Sheriff's Office for conformity vith surrounding comnunities, and retain the festures of the Arden Hills' ordinance. The suggested additions are included in Attaehment A to these minutes. Guide to Policies Page 1:2 5. Portable ashtrays must not be maved into the'no-smoking section of any room. 6. The occupant of a private affice may designate his or her office as a smoking or no-smoking area. 7. Smoking r~ prohibited in any company v~hicle except those that are us~ only by one person. 8. Grievances abo t the smoking policy s ould be handled according to th procedure outlined o page 12 of the Employees' Manua . 9. The penalty far vio ating these rul s will be the same as that for any other v olation of si lar magnitude, for example, wearing inap ropriate cIo hing, being tardy, cheating on a time car . 3ee page 15 of the Employee's Manual. Implementation Guide i es for Managers 1. The policy is based on the fol wing two premises: 1) that smoking is prohibited except 'n reas posted Smoking Permitted; 2) that nonsmokers wi 1 be accommodated first. 2. Smoking is prohibited in co on a ess such as eopp rooms, bathrooms, elevators, hallwa s, o conference rooms. The only exception is allowed wh n two comparable (bathrooms or break rooms) esist and one can be esignated smoking and one no-smoking. 3. Large open work areas, the br ak r om, and the cafeteria will be divided into smoking a d n-smoking sections with the following provisions: a. The smoking and no-smoking s tions must be clearly posted. b. The no-smoking section must have at least 200 square feet . and be separated from the smoking area by a physical barrier at least 56 inches high or a buffer zone (in which smoking is prohibited) of at least four feet. ~ Minutes of Public Safety/Works Committee Meeting. January 15. 1981 Page 2 Committee asked how Ordinance was enforced, and in what areas operation of snowmobiles is allowed. Herbst replied they are allawed anly on private p operty and on large bodies of water; the department has ten snowmobiles and a 1 terrain vehicles used in enfarcement. Residents observing any violation of t ordinance should call the Sheriff's Office immediately. Committee curred to ask that a statement be made in the TowsY Crier to this effect. It was moved by Steglich, seconded by Timm, that Committee recommend to Council the addition of the recomnended paragraphs (Attachment A) to the Snowmobile Ordinance. Motion carried unanimously. - Fire Department Report The yearly report shows an increase in totaZ number af calls in 1987; Johnson reported that the increase was mostZy in number of false alarms. Because the contract cities have adopted (or are in the process af adopting) false alarm ordinances, a neW category of call (024 Unfaunded Ca).1) is being added to cover those calls formerly "dumped" into false alarm category, which had no foundation. Committee members expressed concern about the Island Lake site for the proposed fourth station questioned whether State Will release`the land for the site; Whether it could be staffed adequately in that area; whether it Would provide enough reduction in response time to Arden Hills to be of benefit to Arden Hills. They briefly discussed the Colestock site; consensus vas that this would be a better location both in terms of recruitment of fire fighters and response times to both Shoreview and Arden Hills. Having the station on the north side of the railroad tracks xas slso a concern. Committee discussed at length its responsibilities in reviewing Fire Department activities; felt that while they review the monthly reports, they did not have the background information needed to advise or comment on Fire Department matters. It was moved by NcClung, seconded by Timm, that a subcommittee be ~ formed to research the activities of the Fire Department as a whole, and report back to the full committee. Hotion carried unanimously. The subcommittee will consist of NcClung, Ambli, and Malone. The first priority of this subcoffiitCee will be to look more closely at the need for, costs of, and location of proposed fourth station. REPORT OF PUBLIC WORKS SUPERVISOR ROBERT RADDATZ Water Tower Progress Report Raddatz reported that work on the vater tower has been moving ahead of schedule because of the fine veather; footing are in, side walls are up; water pipes and drains are installed; the steel should be delivered soon and installation of this vill begin. He expects the tower to be in operation earlier than negt fall (ti.me originally anticipated). A false ceiling is being installed, and out-of-season Parks and Public Warks equipment Will be stored beneath ft. If it seems feasible after completion of Guide to Policies Page 1:2 5. Portable ashtrays must not be moved into the'no-smoking section of any room. 6. The occupant of a private office may designate his or her office as a smoking or no-smoking area. 7. Smoking il prohibited in any company vehicle except those that are u ed only by one person. 8. Grievances a out the smoking poliqy should be handled according to he procedure outliried on page 12 of the Bmployees' Man al. ~ 9. The penalty for iolating thes /rules will be the same as that for any othe violation o~_ similar magnitude, for example, wearing i appropriat clothing, being tardy, cheating on a time rd. See page 15 of the Smployee's Manual. ~ ~ ~ #,~#~k#*#*## / Implementation G delines for Managers 1 i 1. The policy is based on th f llowing two premises: 1) that smoking is prohibited exc pt 'n areas posted 38oking Permitted; 2) that nonsmo ers ill be accommodated first. 2. Smoking is prohibited in ommon areas such as copy rooms, bathrooms, elevators, hallways, or conference rooms. The only exception is allowed hen t o comparable (bathrooms or break rooms) esist and one can b designated smoking and one no-smoking. 3. Large open Work areas, the b ak room, and the cafeteria will be divided into smoking an no-smoking sections with the following provisions: a. The smoking and no-smoking sections must be clearly posted. b. The no-smoking section must have at least 200 square feet . and be separated from the smoking area by a physical barrier at least 56 inches high or a buffer zone (in which smoking is prohibited) of at least four feet. ~ Minutes of Public Safety/Works Committee Heeting, January 15, 1987 Page 3 the tower, funds to construct a protective fence to prevent vandalism may be requested. He could then store there some of the materials presently stored outside of the Public Works Building. Sewer Line. North Hamline Raddatz described the sewer gas smell at this location and his efforts to locate the cause. The line has been flushed and jetted, all vent pipes in the surrounding area checked, and the owner has cleaned all the lines inside of his home. Barry Peters (SEH) is obtaining costs on televising the line. to see if a dip in the line is causing a build up of sewage that could cause the odor. Committee discussed briefly cost and method of repair, if this proves necessary. Sleeving the pipe costs approximately $86/foot, and is accomplished in a short period of time with minimal disruption to the area. Replacing the pipe costs approximately s76/foot but requires digging up the street and replacing it. Don Zehm recommended strongly, for safety and liability lreasons, that the area be tested for emission of inethane, when the odor is absent, and again when it is present. He offered to assist Raddatz in doing this. Broken Valve CharRe The Public Works Department has again encountered the problem of homeowner's valves breaking when water is turned on or off...and resulting time spent by Public Works employees in going out to turn the water on and off for the plumbers called for repair. He requested and received Council approval for charging the responsible individual if overtime hours are involved, and it is not an emergency situation. Committee concurred with this, and suggested information about this policy be glaced in the Town Crier. ; ~'Street SweepinA Contract ° In July of 1986, this Committee recommended to Council that in 1987, a contract be prepared for Arden Hills' street sweeping, and that the policy of having Nex Brighton sweep after completion of their sweeping be discontinued. The 1987 budget was prepared with this in mind, and Raddatz Will bring a proposed contract to this committee for approval in Pebruary. CSO Car Report Raddatz reported that the older squad car has been refurbished and is being used by the CSO officer, and the car he had been using (a Pontiac Phoenix, 1981) is being sold. It will be advertised (for bids) in the New BriRhton Bulletin. Book value is ;1.200, but mileage is high for its age. Hiscellaneous/Nev Business Ti.mm suggested the CSO officer be invfted to the February meeting to discuss his responsibilities and activitfes with the committee. !lalone reported that the Planning Commission has reviewed the proposed street lighting plan. They are recommending ta Council implementation of Phase I ; (major intersections and dangerous curves) as soon as possible, and that the ' lights listed in Phase II be fnstalled on requests from homeowners only. Minutes of Public Safety/Works Coamittee Meeting. January 15, 1987 Page 4 Recycling Malone reported that after studying Ramsey County's Solid Waste Disposal Flans, it seems obvious that the cities will be forced to adopt some sort of recycling program; the County is asking for State legislation so that they can force them to do so. County's aim is to reduce the amount of waste going to the treatment plants by 16% by 1991. It seems necessary to establish a subcommittee to explore what the Yillage must do to comply with Courtty regulations, should they be imposed, and to explore hsving garbage coliectors bid for areas of the village. It was suggested the subcommittee research what other communities have done or are doing, talk to the various garbage collectors, and then devise a plan. Concerns were expressed about (1) whether there are places available to dispose of items that are recycled, (2) vhether the garbage collectors will be willing to coaperate, (3) whether costs to the residents will increase, or decrease (as the County contends). Committee concurred to invite Dave Locey, of MSD Recycle, to the February meeting to discuss the subject. Adjournment It was moved by Steglich, seconded by Timm, that the meeting adjourn at 9:45 p.m. Motion carried unanimously. Submitted by Shirley Marshall. TEIE NEXT REGULAR MEETING OF THE PUBLIC SAFETY/WORKS COIYIIMITTEE WILL BE SELD FEBRUARY 19, 1987, 7:30 P.M., YILLAGE HALL. ATTAGfMLNT A Proposed Additions to Arden HiIIs' Snowmobile Ordinance ~ ~ State Law Adopted. Minnesota Statute 1974, 84.81. to 84.90., inclusive, 4 and the regulations of the Minnesota Commissioner of Natural Resources, regarding N.R. 51 to 59. inclusive, ineluding subsequent amendments, are hereby adopted and incorporated herein by reference. ' Mandatory Pennant. No person shall operate a snowmobile unless such vehicle is equipped with a red or orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of not less than five (5) feet above the treadway. Definitzons: Recreational Motor Vehicle or R.V.: Means any self-propelled vehicle and any vehicle propelled or"drawn by a self-propelled vehicle used for recreational purposes, including but not limited to snowmobiles, trail bikes or other all terrain vehicles, hovercrafts, or motor vehicle Zicensed for highway operation which is being used for off-road recreational purposes. "Three-wheel off-road vehicle" or "vehicle" means a motorized flotation-tired vehicle of not less than three low pressure tires, but reot more than six tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight Iess than 600 pounds. ~ 3 ~ JAMES S. LYNDEN ATTORNEY AT LAW -~7 r~v 0 ~l ..1 n ~ May 7, 1987 Ms. Patricia J. Morrison Clerk-Administrator City of Arden Hills City Hall 1450 West Highway 96 Arden Hills, Minnesota 55112 Re: Ordinance Amending Snowmobile Provisions in Arden Hi115 Code Dear Pat: I enclose herewith a revised draft of the Ordinance which adds the points discussed by the Council at the last council meeting. I have tinkered further with the language in Sectzon 26-35 so that it is somewhat more clear as to what is allowed and what is not allowed. Neither you nor I are sti11 clear as to whether or not the Council wishes to allow recreational motor vehicles to operate on the unpaved portion of the right-of-way of most streets, highways and roads. Very truly G yours, Jame S. Ly d n JSL/dl s Enclosures 612 223-5436 612 297-6400 HOO AMHOIST TOWtiR ST. P.4Ut, MINNESOTA 55102 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26 OF THE ARDEN HILLS CODE BY INCREASING PURVIEW THEREOF TO ENCOMPASS RECREATIONAL MOTOR VEHICLES, REORGANIZING SAID ARTICLE, AND ADDING A SECTION REQUIRING MANDATORY PENNANTS FOR SNOWMOBILES The City Council of Arden Hills ordains: Section l. Change of Title of Article IT of Chapter 26 of Arden Hills Code. Article II of Chapter 26 of the Arden Hills Code is hereby amended to read "RECREATIONAL MOTOR VEHICLES". Section 2. Amendment to Section 26-22 of Arden Hi11s Code. Section 26-22 of the Arden Hills Code is hereby amended to read as follows: "Sec. 26-22. Adoption and Incorporation by Reference of Statutes and Regulations. Sections 84.1 through 84.90 of Minnesota Statutes, as now constituted and as hereafter amended, together with the regulations of the Minnesota Department of Natural Resources, including specifically but not limited to, Sections NR51 through 59 as now constituted and as hereafter amended, are hereby adopted by reference, made a part of this Chapter as though completely set forth herein, and shall regulate the operation of recreational motor vehicles on lands not owned by the operator within the City. At least three (3) copies of said statutes and regulations, as so adopted, shall be marked as official copies and filed in the office of the Clerk-Administrator in the City Hall. Section 3. Repeal of Section 26-22(b) of Arden Hills Code; Addition of New Section 26-23 Thereto. Article II of Chapter 26 of the Arden Hills Code is hereby amended by striking, deleting and repealing subsection (b) of Section 26-22 thereof, and substituting therefor a new Section 26-23 which reads as follows: - 1 - "See. 26-23. Effect of Violation of Statutes and Regulations. Any violation of the statutes and regulations adopted by reference in the previous Section hereof shall be considered a violation of this Article of the Arden Hills Code when it occurs within the limits of the City. Any person violating any provision thereof shall be guilty of a misdemeanor and shall be punished as provided in Section 1-10 of this Code." Section 4. Deletion of Title "DIVISION 2. SNOWMOBILES" and Repeal of Sections 26-29 and 26-30 of Arden Hi11s Code. The title "DIVISION 2. SNOWMOBILES", which appears between Sections 26-22 and 26-29 of the Arden Hills Code, is hereby deleted, and Sections 26-29 and Sections 26-30 thereof are hereby repealed. Section 5. Addition of New Section 26-24 to Arden Hills Code. Article II of Chapter 26 o the Arden Hills Code is hereby amended by adding thereto a new Section 26-24 which reads as follows: Sec. 26-24. Tntent. It is the intent of this Article to supplement the laws of this State with respect to the operation of recreational motor vehicles, in particular, and Chapters 168 through 171 of Minnesota Statutes, as amended, in general. This Article is not intended to allow what the State statutes prohibit nor to prohibit what the State statutes expressly allow." Section 6. Addition of New Section 26-25 of Arden Hills Code. Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-25: "Sec. 26-25. Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them: (a) AI1 Terrain Vehicle: An off-road vehicle or motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight of less than 600 pounds. (b) Operate: To ride in or on and control the operation of a recreational motor vehicle. (c) Operator: A person who operates or is in actual physical control of a recreational motor vehicle. - 2 - (d) Owner: A person, other than a lien holder, having ownership of or title to a recreational motor vehicle and entitled to the use or possession thereof. (e) Recreational Motor Vehicle: A self-propelled vehicle and any vehicle propelled or drawn by a self- propelled vehicle used for recreational purposes including, but not limited to, any snowmobile, trail bike, all-terrain vehicle, hovercraft and other motor vehicle licensed for highway operation which is being used for off-road recreational purposes." (f) Roadway: That portion of a highway improved, designed or ordinarily designed for vehicular traffic. (g) Snowmobile: A self-propelled vehicle designed for travel on snow or ice on a natural terrain, steered by wheels, skis or runners. Section 7. Change in Notation as to Sections Reserved at End of Division 1 of Article II of Chapter. The notation at the end of Division 1 of Article II of Chapter 26 of the Arden Hills Code as to Sections reserved for future use is hereby amended to read as follows: "Secs. 26-26 through 26-30. Reserved. Section 8. Addition of New Title for Division 2 of Article II of Arden Hi11s Code and Placement Thereof. Immediately prior to Section 26-31 of the Arden Hills Code, the following new title for Division 2 of Article II of Chapter 26 thereof shall be inserted: "DIVISION 2. REGULATIONS" Section 9. Substitution of Term "Recreational Motor Vehicle" for "Snowmobile" Wherever the Latter Appears in Sections 26-31 through 26-48 of Arden Hills Code. Wherever the term "snowmobile" appears in Sections 26-31 through 26-48 of the Arden Hills Code, the term "recreational motor vehicle" shall be substituted therefor. Section 10. Alteration of SeCtion 26-35 of Arden Hills Code. Section 26-35 of the Arden Hills Code is hereby amended to read as follows: - 3 - "Sec. 26-35. Operation Within Right-Of-Way. It shall be unlawful for any person: (a) To operate a recreational motor vehicle upon the roadway, of any trunk, county state aid, city or county highway, and, in the case of a divided trunk or county highway, on that portion of the right-of-way which lies between the opposing lanes of traffic except as provided herein; (b) To operate a recreational motor vehicle within the unpaved portion of the right-of-way of any trunk, county state aid, city or county highway between the hours of 1/2 hour after sunset to 1/2 hour before sunrise except on the outer most part of the unpaved portion of the right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto; and (c) To operate a recreational motor vehicle at anytime within the right-of-way of any interstate highway or freeway." Section 11. Modification of Section 26-36 of the Arden Hills Cocle. Section 26-36 of the Arden Hills Code is hereby amended in its entirety to read as follows: "See. 26-36. Operation on Roadway. It shall be unlawful for any person to operate a recreational motor vehicle upon the roadway of any city street except as permitted in Section 26.38 hereof." Section 12. Revision of Section 26-42 of the Arden Hills Code. Section 26-42 of the Arden Hills Code is hereby amended in its entirety to read as follows: "Sec. 26-42. Proxmity to Residences. It shall be unlawful for any person to operate a sn-&~G within one hundred (100) feet of a residential building within the hours of 10:00 p.m. and 8:00 a.m., except with the permission of adult occupants of such building or except when traveling in a direct route from a permissible area for the operation of reereational motor vehicles to the home of the operator." Section 13. Modification of Section 26-45 of the Arden Hills Code. Section 26-45 of the Arden Hills Code is hereby amended in its entirety to read as follows: - 4 - "Sec. 26-45. Equipment Generally. It shall be unlawful for any person to operate a recreational motor vehicle unless it is equipped with at least one headlamp and one tail lamp, a deadman's throttle, and brakes, such lamps, throttle and brakes to conform to State Law and to standards prescribed by the rule of the commissioner of highways pursuant to the authority vested in him by Section 84.86 of Minnesota Statutes." Section 14. Addition of New Section 26-49 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-49 which reads as follows: "Sec. 26-49. Mandatory Pennant for Snowmobile. No person shall operate a snowmobile unless such vehicle is equipped with a red or orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of not less than five (5) feet above the treadway." Section 15. Addition of New Section 26-50 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-50 which reads as follows: "Sec. 26-50. Operation of Al1 Terrain Vehicle. It shall be unlawful for any person to operate an all terrain vehicle anywhere within the limits of the City from and including April 1 to and including October 31 of each year." Section 16. Addition of New Section 26-51 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-51 which reads as follows: "Sec. 26-51. Inapplicability of Regulations to Governmental Agencies. The Regulations contained in Chapter 26 of the Arden Hills Code shall not be applicable to the operation or use of a recreational motor vehicle by agents, representatives, employees or officials of governmental agencies while in pursuit of their governmental duties or during emergency situations." - 5 - Section 17. Effective Date. This Ordinance shall be effective from and after its passage and publication. Passed by the Council this day of , 1987. Robert Woodburn, Mayor Attest: Patricia J. Morrison,li Clerk-Administrator - 6 - P4 V&ga o-T Au j% 1450 W. HIGHWAY 96, AROEN HILLS. MfNNESOTA 65112 633-6676 May 7, 1987 Mr. Jim Lynden ' Attorney at Law 800 Amhoist Tower St. Paul, MV 55102 Dear Jim: Enclosed is a copy of the Council's minutes of April 27. The additions to the Snowmobile Ordinance are delineated on page five; will it be necessary to have another first reading of this Ordinance? Also, I am available, at your convenience, to discuss the Charitable Gambling Ordinance. Sincerely, Patricia J. Morrison Clerk Administrator PJM:sm STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 246 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26 OF THE ARDEN HILLS CODE BY INCREASING PURVIEW THEREOF TO ENCOMPASS RECREATIONAL,MOTOR VEHICLES, REORGANIZFNG SAID ARTICLE, AND ADDING A SECTION REQUIRING MANDATORY PENNANTS FOR SNOWMOBILES The City Council of Arden Hills ordains: Section 1. Change of Title of Article II af Cha ter 26 of Arden Hills Code. Article II of Chapter 26 0€ the Arden Hills Code is hereby amended to read "RECREATIONAL MOTQR VEHICLES". Section 2. Amendment to Section 26-22 of Arden Hi11s Code. Section 26-22 of the Arden Hills Code is hereby amended to read as follows: "Sec. 26-22. Adoption and Incor oration by Reference of Statutes and Regulations. Sections 84.1 through 84.90 of Minnesota Statutes, as now constituted and as hereafter amended, together with the regulations of the Minnesota Department of Natural Resources, including specifically but not limited to, Sections NR51 through 59 as now constituted and as hereafter amended, are hereby adopted by reference, made a part of this Chapter as though completely set forth herein, and shall regulate the operation of recreational motor vehicles on lands not owned by the operator within the City. At least three (3) copies of said statutes and regulations, as so adopted, shall be marked as official copies and filed in the office of the Clerk-Administrator in the City Hall. Section 3. Repeal of Section 26-22(b) of Arden Hills Code; Addition of New Section 26-23 Thereto. Article II of Chapter 26 of the Arden Hills Code is hereby amended by striking, deleting and repealing subsection (b) of Section 26-22 thereof, and substituting therefor a new Section 26-23 which reads as follows: - 1 - . "Sec. 26-23. Effect of Violation of Statutes and Regulations. Any violation of the statutes and regulations adopted by reference in the previous Section hereof shall be considered a violation of this Article of the Arden Hills Code when it Qccurs within the limits of the City. Any person violating any provision thereof shall be guilty.of a misdemeanor and shall be punished as provided in Seetian 1-10 of this Code." Section 4. Deletion of Title "DIVISION 2. SNOWMOBILES" and Repeal of Sections 26-29 and 26-30 of Arden Hilis Code. The title "DIVISION 2. SNOWMOBILES", which appears between Sections 26-22 and 26-29 of the Arden Hills Code, is here6y deleted, and Sections 26-29 and Sections 26-30 thereof are hereby repealed. Section 5. Addition of New Section 26-24 to Arden Hills Cade. Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-24 which reads as follows: "Sec. 26-24. Intent. It is the intent of this Article to supplement the laws of this State with respect to the operation of recreational motor vehicles, in particular, and Chapters 168 through 171 of Minnesota Statutes, as amended, in general. This Article is not intended to allow what the State statutes grohibit nor to prohibit what the State statutes expressly allow." Section 6. Addition of New Section 26-25 of Arden Hills Code. Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-25: "Sec. 26-25. Definitions. For the purgoses of this Article, the following words and phrases shall have the meanings respectively ascribed to them: (a) All Terrain Vehicle: An off-road vehicle or motorized flotation-tired vehicle of not, less than three (3) low pressure tires, but r?ot more than six (6) tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight of less than 600 pounds. (b) Operate: To ride in or on and control the operation of a recreational motor vehicle. (c) Qperator; A person who operates or is in actual physical control of a recreational motor vehicle. (d) Owner: A person, other than a lien holder, having ownership of or title to a recreational motor vehicle and entitled to the use or possession thereof. - 2 - (e) Recreational Motor Vehicle: A self-propelled vehicle and any vehicle propelled or drawn by a self- propelled vehicle used for recreational purposes including, but not limited to, any snowmobile, trail bike, all-terrain vehicle, hovercraft and other motor vehicle licensed for highway operation which is being used for off-road recreational purposes." (f) Roadway: That portion of a highway improved, designed or ordinarily designed for vehicular traffic. (g) Snowmobile: A self-propelled vehicle designed for travel on snow or ice on a natural terrain, steered by wheels, skis or runners. Section 7. Change in Notation as to Sections Reserved at End of Division 1 of Article II of Chapter. The notation at the end of Division 1 of Article II of Chapter 26 of the Arden Hills Code as to Sections reserved for future use is hereby amended to read as follows: "Secs. 26-26 through 26-30. Reserved. Section 8. Addition of New Title for Division 2 of Article II of Arden Hills Code and Placement Thereof. Immediately prior to Section 26-31 of the Arden Hills Code, the following new title for Division 2 of Article II of Chapter 26 thereof shall be inserted: "DIVISION 2. REGULATIONS" Section 9. Substitution of Term "Recreational Motor Vehic e for 'Snowmobile' Wherever the Latter Appears in Sections 26-31 through 26-48 of Arden Hills Code. Wherever the term "snowmobile" appears in Sections 26-31 through 26-48 of the Arden Hills Code, the term "recreational motor vehicle" shall be substituted therefor. • Section 10. Alteration of Section 26-35 of Arden Hiils Code. Section 26-35 of the Arden Hills Code is hereby amended to read as follows: "Sec. 26-35. Operation Within Right-Of-Way. It shall be unlawful for any person: (a) To operate a recreational motor vehicle upon the roadway, of any trunk, county state aid, city or county highway, and, in the case of a divided - 3 - trunk or county highway, on that portion of the right-of-way which lies between the opposing lanes of traffic except as provided herein; (b) To operate a recreational motor vehicle within the unpaved portion of the right-of-way of any trunk, county state aid, city or county highway between the hours of 1/2 hour after sunset to 1/2 hour before sunrise except on the outer most part of the unpaved portion of the right-of-way and in the same direction as the highway traffic on the . nearest lane of the roadway adjacent thereto; and (c) To operate a recreational motor vehicle at anytime within the right-of-way of any interstate highway or freeway." Section 11. Modification of Section 26-36 of the Arden Hills Code. Section 26-36 of the Arden Hills Code is hereby amended in its entirety to read as follows: "Sec. 26-36. Operation on Roadway. It shall be unlawful for any person to operate a recreational motor vehicle upon the roadway of any city street except as permitted in Sectian 26.38 hereof." Section 12. Revision of Section 26-42 of the Arden Hills Code. Section 26-42 of the Arden Hills Code is hereby amended in its entirety to read as foZlows: "Sec. 26-42. Proxmity to Residences. It shall be unlawful for any person to operate a recreational motor vehicle within one hundred (100) feet of a residential building, except as permitted in Section 26.35. Section 13. Modification of Section 26-45 of the Arden Hills Code. Section 26-45 of the Arden Hills Code is hereby amended in its entirety to read as follows: "Sec. 26-45. Equipment Generally. It shall be unlawful for any person to operate a recreational motor vehicle unless it is equipped with at least one headlamp and one tail lamp, a deadman's ' throttle, and brakes, such lamps, throttle and brakes to conform to State Law and to standards prescribed by the rule of the commissioner of highways pursuant to the authority vested in him by Section 84.86 of Minnesota Statutes." - 4 - Section 14. Addition of New Section 26-49 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-49 which reads as follows: "Sec. 26-49. Mandatory Pennant for Reereational Motor Vehicle. • No person shall operate a recreational motor vehicle unless such vehicle is equipped with a red or orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of not less than five (5) feet above the treadway." Section 15. Addition of New Section 26-50 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-50 which reads as follows: "Sec. 26-50. O eration of All Terrain Vehicle. It shall be unlawful for any person to operate an all terrain vehicle anywhere within the limits of the ~ City from and including April Z to and including ` October 31 of each year." Section 16. Addition of New Section 26-51 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-5I which reads as follows: "Sec. 26-51. Inapplicability o€ Regulations to Governmental Agencies. The Regulations contained in Chapter 26 of the Arden Hills Code shall not be applicable to the operation or use of a recreational motor vehicle by agents, representatives, employees or officials of governmental 4gencies while in pursuit of their governmental duties or during emergency situations." - 5 - Section 17. Effective Date. This Ordinance shall be effective from and after its passage and publication. Passed by the Council this day of , 1987. Robert Waodburn, Mayor Attest: Patricia J. Morrison, Clerk-Administrator - 6 - STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE N0. 246 AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 26 OF THE ARDEN HILLS CODE BY II3CREASING PURVIEW THEREOF TO ENCOMPASS RECREATIONAL.MOTOR VEHICLES, REORGANIZING SAID ARTICLE, AND ADDING A SECTION REQUIRTNG MANDATORY PENNANTS FOR SNOWMOBILES The City Council of Arden Hills ordains: Section 1. Change of Title of Article II of Chapter 26 of Arden Hills Code. Article II of Chapter 26 of the Arden Hills Code is hereby amended to read "RECREATIONAL MOTOR VEHICLES". Section 2. Amendment to Section 26-22 of Arden Hills Code. Section 26-22 of the Arden Si11s Code is hereby amended to read as follows: "Sec. 26-22. Ado tion and Incor oration by Reference of Statutes and Regulations. Sections 84.1 through 84.94 of Minnesota Statutes, as now constituted and as hereafter amended, together with the regulations of the Minnesota Department of Natural Resources, including specifically but not limited to, Sections NR51 through 59 as now constituted and as hereafter amended, are hereby adopted by reference, made a part of this Chapter as though completely set forth herein, and shall regulate the operation of recreational motor vehicles on lands not owned by the operator within the City. At least three (3) copies of said statutes and regulations, as so adopted, shall be marked as official copies and filed in the office of the Clerk-Administrator in the City Hall. Section 3. Repeal of Section 26-22(b) af Arden Hills Code; Addition of New Section 26-23 Thereto. Article II of Chapter 26 of the Arden Hills Code is hereby amended by striking, deleting and repealing subsection (b) of Section 26-22 thereof, and substituting therefor a new Section 26-23 which reads as follows: - 1 - "Sec. 26-23. Effect of Violation of Statutes and Regulations. Any violation of the statutes and regulations adopted by reference in the previous Section hereof shall be considered a violation of this Article of the Arden Hills Code when it occurs within the limits of the City. Any persan violating any provision thereof shall be guilty_of a misdemeanor and shall be punished as providea in Section 1-10 of this Code." Section 4. Deletion of Title "DIVISION 2. SNOWMOBILES" and Repeal of Sections 26-29 and 26-30 af Arden Hills Code. The title "DIVISION 2. SNOWMOBILES", which appears between Sections 26-22 and 26-29 of the Arden Hills Code, is hereby deleted, and Sections 26-29 and Sections 26-30 thereof are hereby repealed. Section 5. Addition of I3ew Section 26-24 to Arden Hills Code. Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-24 which reads as follows: "Sec. 26-24. Intent. It is the intent of this Article to supplement the laws of this State with respect to the operation of recreational motor vehicles, in particular, and Chapters 168 through 171 of Minnesota Statutes, as amended, in general. This Article is not intended to allow what the State statutes prohibit nor to prohibit what the State statutes.expressly allow." Section 6. Addition of New Section 26-25 of Arden Hills Code. Article II of Chapter 26 of the Arden Hi ls Code is hereby amended by adding thereto a new Section 26-25: "Sec. 26-25. Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them: (a) Al1 Terrain Vehicle: An off-road vehicle or motorized flotation-tired vehicle of not' less than three (3) low pressure tires, but not more than six (6) tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight of less than 600 pounds. (b) Operate: To ride in or on and control the operation of a recreational motor vehicle. (c) Operator: A person who operates or is in actual physical control of a recreational motar vehicle. (d) Owner: A person, other than a Iien holder, having ownership of or title to a reereational motor vehicle and entitled to the use or possession thereof. - 2 - (e) Recreational Motor Vehicle: A self-propelled vehicle and any vehicle propelled or drawn by a self- propelled vehicle used for recreational purposes including, but not limited to, any snowmobile, trail bike, all-terrain vehicle, hovercraft and other motor vehicle licensed for highway operation which is being used for off-road recreational purposes." (f) Roadway: That portion of a highway improved, designed or ordinarily designed for vehieular traffic. (g) Snowmobile: A self-propelled vehicle designed for travel on snow or ice on a natural terrain, steered by wheels, skis or runners. Section 7. Change in Notation as to Sections Reserved at End of Division 1 of Article II of Chapter. The notation at the end of Division 1 of Article II of Chapter 26 of the Arden Hills Code as to Sections reserved for future use is hereby amended to read as follows: "Secs. 26-26 through 26-30. Reserved. Section B. Addition of New Title for Division 2 of Article II of Arden Hills Code and Placement Thereof. Immediately prior to Section 26-31 of the Arden Hills Code, the following new title for Division 2 of Article II of Chapter 26 thereof shall be inserted: "DIVISION 2. REGULATIONS" Section 9. Substitution of Term "Recreational Motor Vehicle" for Snowmobile Wherever the Latter Appears in Sections 26-31 through 26-48 of Arden Hills Code. Wherever the term "snowmobile" appears in Sections 26-31 through 26-48 of the Arden Hills Code, the term "recreational motor vehicle" shall be substituted therefor. • Section 10. Alteration of Section 26-35 of Arden Hills Code. Section 26-35 of the Arden Hills Code is hereby amended to read as follows: "Sec. 26-35. Operation Within Right-Of-Way. It shall be unlawful for any person: (a) To operate a recreational motor vehicle upon the roadway, of any trunk, county state aid, city or county highway, and, in the case of a divided - 3 - trunk or county highway, on that portion of the right-of-way which lies between the opposing lanes of traffic except as provided herein; (b) To operate a recreational motor vehicle within the unpaved portion o€ the right-of-way of any trunk, county state aid, city or county highway between the hours of 1/2 hour after sunset to 1/2 hour before sunrise except on the outer most part of the unpaved portion of the right-of-way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto; and (c) To operate a recreational motor vehicle at anytime within the right-of-way of any interstate highway or freeway." Section 11. Modification af Section 26-36 of the Arden Hills Code. Section 26-36 of the Arden Hills Code is hereby amended in its entirety to read as folZaws: . "Sec. 26-36. Operation on Roadway. It sha11 be unlawful for any person to operate a recreational motor vehicle upon the roadway of any city street except as permitted in Section 26.38 hereof." Section 12. Revision of Section 26-42 of the Arden Hills Code. Section 26-42 of the Arden HiYls Code is hereby amended in its entirety to read as follows: "Sec. 26-42. Proxmity to Residences. It shall be unlawful for any person to operate a recreational motor vehicle within one hundred (100) f eet of a residential building, except as permitted in Section 26.35. Section 13. Modification of Section 26-45 of the Arden Hills Code. Section 26-45 of the Arden Hills Code is hereby amended in its entirety to read as follows: "Sec. 26-45. Equipment Generally. It shall be unlawful for any person to operate a recreational motor vehicle uRless it is equipped with at least one headlamp and one tail lamp, a deadman's throttle, and brakes, such lamps, throttle and brakes to conform to State Law and to standards prescribed by the rule of the commissioner o€ highways pursuant to the authority vested in him by Section 84.86 of Minnesota Statutes." - 4 - Section 14. Addition of New Section 26-49 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-49 which reads as follows: "Sec. 26-49. Mandatory Pennant for Recreational Motor Vehicle. • No person shall operate a recreational motor vehicle unless such vehicle is equipped with a red or orange blaze pennant flag of at least forty (40) square inches in area and displayed at a height of nat less than five (5) feet above the treadway." Section 15. Addition of New Section 26-50 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-50 which reads as follows: "Sec. 26-50. Operation of All Terrain Vehicle. It shall be unlawful for any person to operate an all terrain vehicle anywhere within the limits of the ~ City from and including April 1 to and including October 31 of each year." Section 16. Addition of New Section 26-51 to Arden Hills Code. Division 2 of Article II of Chapter 26 of the Arden Hills Code is hereby amended by adding thereto a new Section 26-51 which reads as follows: "Sec. 26-51. Inapplicability of Regulations to Governmental Agencies. The Regulations contained in Chapter 26 of the Arden Hills Code shall not be applicable to the operation or use of a recreational motor vehicle by agents, representatives, employees or officiais of governmental 4gencies while in pursuit of their governmental duties or during emergency situations." - 5 - Section 17. Effective Date. This Ordinance shall be effective from and after its passage and publication. Passed by the Council this day of ~ 1987. Robert Woodburn, Mayor . Attest: Patricia J. Morrison, Clerk-Administrator - 6 - STATE bF NIIM.SOTA CO1lNTY OF RAMSEY . CI'PY OF ARDEN HILLS ORDIHANCE H0. 246 AN ORDINANCE AMB6IDING ARTICLB II OF CHAPTER 26 OF TSE ARDEN HILLS CODE BYINCREASING PURVIEW THEREOF TO ENCOMPASS RECRF.ATIONA?L MOTOR VEHICLES REORGANIZING SAID ARTICLE, ANID ADDING A SECTION REQUIRING MMTDATORY PEIILANTS 1rOR SNOWMOHILES This Ordinance amends tbe ezisting Snowmobile Ordinance of the City to incorporate regulations for recreational vehicles; sets forth place and time for lsga] operation of recreational vehicles; adopts by reference Mn. Stats, Sectfons 81+.2 throagh 84.90, and certa3n DNR regulations. A complete copy of thfs Ordinance asy ba obtained at the City Sall. 1450 W. Highway 96, Arden 8ills. !'N. 55112 , . Patricia J. Morrison Clerk Administrator 5TATE bF MIAIIJESOTA COl3NTY OF RAKSEY . CITY OF !?RDEN SILLS ORDINANCE NO. 246 AN ORDINANCE AMffiMING ARTICLE II OP CEAPTER 26 OF TSE ARDEN HILLS CODE BYINGRF•ASIN6 YURVIEW THEREOF TO ENCONPASS RECREATIONAL MOTOR VEHICLES REQRGANIZING SAID ARTICLE. AND ADDING A SECTION REQUIRING MANDATORY PF.NNANTS FOR SNOWMOBILES This Ordinance amends tbe ezisting SnoWmobile Ordinance of the City to incorporate regulations for recreational vehicles; sets forth place and time for lsgal operaiion of recreatiorul vehicles; sdopts by reference Mn. Stats, Sections 84.1 througb 84.90, and certaln DNR regulations. A complete copy of t2ifs Ordirunce aay be obtained at the City 8a11, 1450 W. Highvay 96. Arden Hills. MN. 55112 . Patricia J. Morrison Clerk Administrator STATE bF MIIINE.SOTA ' Cpl3NTY OF RAlSSEY - CITY OF ARDEN HILI.S ORDINANCE N0. 246 AN ORDINANCE AlEAIDING ARTICLE II OF CBAPTER 26 OF THE ARDEN HILLS CODE BYINCREASING PURVIEW THEREOF TO ENCOMPASS RBCREATIONAL MOTOR YEHICLES REORGANIZING SAID ARTICLE. AIiID ADDING A SEGTZON REQUIRING MANDATORY PBNNI?NTS FOR SNOWMOBILES This Ordinance awnds the ezisting Snowmobile Ordinance of the City to incorporate regulatfons for recreational vehicles; sets forth place and time for lagal operation of recreational vehicles; adopts by reference lln. Stats, Sections 84.1 through 84.90, and certain DNR regulations. A complete copy of this Ordinance aay be obtained st tbe City Hall, 1450 W. flighway 96. Arden Hills. IQ1. 55112 , Patricia J. Morrison Clerk Administrator