Ordinance No. 16-2


Table of Contents

Section 1. Definitions.

For the purposes of this ordinance, the terms defined herein shall have the meaning ascribed to them.

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

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

(c) “All Terrain Vehicle” or “ATV” refers to “trail bikes”, “mini bikes”, amphibious vehicles, and similar devices other than snowmobiles used at least partially for travel on natural terrain but not “special mobile equipment” defined in Minnesota Statute Sec. 168.011, Subd. 22.

(d) “Owner” means a person, other than a lien holder, having the property in or title to a snowmobile or ATV, entitled to the use or possession thereof.

(e) “Operate” means to ride in or on and control the operation of a snowmobile or ATV.

(f) “Operator” means every person who operates or is in actual physical control of a snowmobile or ATV.

(g) “Dead Man Throttle” or “Safety Throttle” means a device which, when pressure is removed form the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism.

(h) “Natural Terrain” means areas other than roadways or driveways (private or public), parking lots, and other areas the surface of which has been intentionally modified for motor vehicle operation thereon.

Section 2.

Except as herein specifically permitted and authorized, it is unlawful for any person to operate a snowmobile or all terrain vehicle not licensed as a motor vehicle within the limits of the City of Mazeppa:

(a) On the portion of any right-of-way of any public highway street, road, trail, or alley used for motor vehicle travel, except that a snowmobile may operate upon the most right hand lane of a municipal street or alley and may in passing or making a left turn operate on other lanes which are used for vehicle traffic in the same direction, for purposes of going to or returning from a non-highway area of permissible operation, by the most direct route. Snowmobiles may also be operated upon the ditch bottom or the outside bank of trunk, county state-aid, and county highways where such highways are so configured within the corporate limits.

(b) On a public sidewalk provided for pedestrian travel.

(c) On boulevards within any public right-of-way.

(d) On private property of another without specific permission of the owner or person in control of said property.

(e) On public school grounds, park property, playgrounds, and recreational areas without express provision or permission to do so by the proper public authority.

(f) On any other public place except as may be specifically permitted by other provisions of the City ordinances.

Section 3.

A snowmobile may make a direct crossing of a street or highway, except an interstate highway or freeway provided:

(a) The crossing is made at an angle of approximately 90° to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing.

(b) The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way.

(c) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.

(d) In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway.

(e) If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.

Section 4.

City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application.

Section 5.

No snowmobile shall enter any intersection without yielding the rightof-way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard.

Section 6. Persons Under 18.

(a) Notwithstanding anything above or in Minnesota Statutes Sec. 84.87 to the contrary, no person under 14 years of age shall make a direct crossing of a trunk, county state aid, or county highway as the operator of a snowmobile, or operate a snowmobile upon a street or highway within a municipality. A person 14 years of age or older but less than 18 years of age may make a direct crossing of a trunk, county state aid, or county highway only if the person has in immediate possession a valid snowmobile safety certificate issued by the Commissioner of Public Safety or a valid motor vehicle operator’s license issued by the Commissioner or the driver’s license authority of another state. No person under the age of 14 years shall operate a snowmobile on any public land, public easements, or water or grant-in-aid trail, unless accompanied by one of the following listed persons on the same or an accompanying snowmobile, or on a device towed by the same or on an accompanying snowmobile: the person’s parent, legal guardian, or other person 18 years of age or older. However, a person 12 years of age or older may operate a snowmobile on public lands, public easements, and waters or a grant-in-aid trail if the person has in immediate possession a valid snowmobile safety certificate issued by the Commissioner.

(b) It is unlawful for any person who is the owner or in lawful control of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. The registered owner of a snowmobile shall be found not to be unlawful pursuant to the terms of this section if: 1) the snowmobile was reported as stolen to the Commissioner or a law enforcement agency at the time of the alleged unlawful act, or if 2) the registered owner demonstrates that the snowmobile either was stolen or was not in use at the time of the alleged unlawful act, or 3) the registered owner furnishes to law enforcement officers upon request the identity of the person in actual physical control of the snowmobile at the time of such violation. The provisions of this subdivision do not apply to any person who rents or leases a snowmobile if such person keeps a record of the name and address of the person or persons renting or leasing such snowmobile, the registration number thereof, the departure date and time, and expected time of return thereof. Such records shall be preserved for at least 6 months and shall be prima facie evidence that the person named therein was the operator thereof at the time it was operated contrary to this section. The provisions of this subdivision do not prohibit or limit the prosecution of a snowmobile operator for violating any of the sections referred to in this subdivision.

Section 7.

It is unlawful for any person to operate a snowmobile, ATV not licensed for highway use or ATV licensed for highway use when operating on natural terrain within the limits of the City of Mazeppa:

(a) at any place, while under the influence of alcohol or drugs as defined in Minnesota Statutes Sec. 169.121, which is hereby incorporated herein by reference;

(b) at a rate of speed greater than reasonable or proper under all surrounding circumstances;

(c) at any place in a careless, reckless, or negligent manner or heedlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property;

(d) during the hours from 2:00 a.m. to 7:00 a.m. of any day, closer than 100 feet to any dwelling which is usually occupied by one or more persons;

(e) so as to tow any person or thing except through use of a rigid tow bar attached to the rear of the snowmobile or ATV;

(f) within 100 feet of any fisherman, pedestrian, skating rink, or sliding area where the operation would conflict with use or endanger other persons or property.

Section 8.

It is unlawful for any person to operate a snowmobile or ATV any place within the limits of the City of Mazeppa 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 or ATV motor;

(b) Brakes adequate to control the movement of and to stop and hold the snowmobile or ATV under any condition of operation;

(c) A safety or so-called “dead man” 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 and under normal atmospheric conditions. Such headlamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile or ATV operator. It shall also be equipped with at least one red tail lamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.

Section 9.

Every person leaving a snowmobile or ATV on a public place shall lock the ignition, remove the key, and take the same with him.

Section 10.

Notwithstanding any prohibition in this ordinance, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical.

Section 11.

It is unlawful to intentionally drive, chase, run over, or kill any animal with a snowmobile or ATV.

Section 12.

A violation of any of the provisions of this ordinance shall constitute a misdemeanor as such term is defined in Minnesota Statutes Sec. 609.02.