CITY OF CLEAR LAKE, MINNESOTA



CITY OF CLEAR LAKE, MINNESOTA

ORDINANCE # 503

AN ORDINANCE REGULATING THE USE OF SNOWMOBILES

SECTION 503.01 Definitions. For the purpose of this Chapter the following definitions shall apply:

1) “Person” includes an individual; partnership; corporation; the State and its agencies and subdivisions; and any body of persons, whether incorporated or not.

2) “Snowmobile” means a self-propelled vehicle designed for travel on snow or ice steered by skis or runners.

3) “Owner” means a person other than a lien holder having the property or title to a snowmobile or entitled to the use or possession thereof.

4) Public property as described herein shall not include city streets.

5) Reserved for future use.

6) “Roadway” means that paved or traveled portion of a street, including the shoulder, available for vehicular traffic.

7) “Street or highway” means a public or private right-of-way which affords primary access by pedestrians and vehicles to abutting properties whether designated as a street, avenue, highway, road, boulevard, or otherwise designated.

8) “Right-of-way” means the entire strip of land in which the public owns the fee or an easement for roadway purposes, including the portion of said land traversed by a street or highway.

9) “Safety or dead-man throttle” means a device that causes the motor to be disengaged from the driving track when pressure is removed from the engine accelerator or throttle.

10) “Semi-public property” means private property generally used by the public but not owned or maintained by a governmental body. Such property includes without limitation, church property, shopping center property, and other property generally used by patrons of a commercial or private business establishment. Property used for commercial or private business establishments shall be exempted from this prohibition if permission is given by the owner of such properties for its use by snowmobiles.

SECTION 503.02 Violation a Misdemeanor.

Subd. 01 It shall be a misdemeanor for anyone to drive, operate or be in physical control of a snowmobile upon any city sidewalk or state highway, including the right-of-way, or upon any public or semipublic property within the city limits of the City of Clear Lake.

Subd. 02 It is unlawful for any person to operate a snowmobile unless it is equipped with the following:

1) Standard mufflers which are properly attached and in constant operation, and which reduce the noise or operation of a motor to a minimum necessary for operation. Muffler shall comply with Minnesota Department of Natural Resources Regulation CONS 55, which is hereby adopted by reference as it existed on September 1, 1970. No person shall use a muffler cutout, bypass, straight pipe, or similar device on a snowmobile motor, and the exhaust shall not emit or produce a sharp popping or crackling sound.

2) Brakes adequate to control the movement of and to stop and to hold the snowmobile under any conditions of operation.

3) A safety or so called dead-man throttle.

4) At least one (1) clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. Such headlamps shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. It shall also be equipped with at least one (1) red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during the hours of darkness under normal atmospheric conditions, the equipment to be in operating condition when the vehicle is operated between the hours of one-half (1/2) hour after sunset to one-half (1/2) hour before sunrise or at times of reduced visibility.

5) Reflective material at least sixteen (16) square inches on each side, forward of the handlebars so as to reflect or beam light at a 90-degree angle.

6) Any sled, trailer, or other device being towed by a snowmobile must be equipped with reflective material at least sixteen (16) square inches on each side so as to reflect or beam light at a 90 degree angle.

Subd .03 Locking and Removing Keys. Every person leaving a snowmobile in a public place shall lock the ignition and remove the key from the immediate area.

Subd .04 Exceptions.

1) A snowmobile may be operated upon a public street or highway other than as herein prohibited in an emergency when and at locations where a law enforcement agency recommends no travel by automobile.

SECTION 503.03 General City Regulations. Except as otherwise authorized, it is a misdemeanor for any person to operate a snowmobile:

1) On a public sidewalk or walkway.

2) On private property of another without lawful authority or consent of the owner or occupant.

3) On any publicly owned land, including but not limited to school grounds, park property, playgrounds, recreation areas including golf courses, except areas previously listed or posted for use pursuant to resolution of the City Council.

4) Reserved for future use.

5) At a rate of speed greater than reasonable or prudent under the circumstances.

6) At any place in a careless, reckless, or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto.

7) Reserved for future use.

8) At speed greater than ten (10) miles an hour when within one hundred (100) feet of any fisherman, ice house, or skating rinks.

9) Within one hundred (100) feet of any sliding area, or when the operation would conflict with the lawful use of property, or when in danger of other persons or property.

10) During the hours from 11:00 p.m. to 7:00 a.m. of the following day within two hundred (200) feet of a dwelling area.

11) During the hours from 11:00 p.m. to 7:00 a.m. of the following day on any lake or stream.

Subd. 01 Chasing animals. It is unlawful to intentionally chase, run over, or kill or injure any animal with a snowmobile.

SECTION 503.04. Registered Owner Responsibility. The registered owner of a snowmobile operated contrary to the provisions of this Section is guilty of a misdemeanor, unless the snowmobile was reported stolen to a law enforcement agency at the time of the violation, or if the registered owner demonstrates that the snowmobile was stolen at the time of the alleged unlawful act, or if the registered owner furnishes to a law enforcement agency the identity of the person using the snowmobile at the time of the violation. The provisions of this Section to not apply to any person who rents or leases a snowmobile and keeps a record of the names and addresses of the person or persons renting or leasing the snowmobile, the registration number, the departure date and time, and the expected time of return, and keeps such records for at least six (6) months of the violation date. The records shall be prima facie evidence that the person named on the violation date was the user.

This ordinance shall become effective upon its passage and after its publication date.

Passed this __2nd________ day of ___January__________, 2001.

___William Kiffmeyer____________ ____Marilyn Bujalski____________

(Mayor) (Clerk-Tresurer)

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