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Ord 219 Regulating Motor Vehicles and TrafficCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 219 (Codified as Ordinance No.1101) AN ORDINANCE REGULATING MOTOR VEHICLES AND TRAFFIC SECTION 1 DEFINTIONS Subdivision 1. Terms. For the purposes of this ordinance, the terms defined shall have the meanings ascribed to them. (1) Authorized emergency vehicle. "Authorized emergency ified vehicaccordile" means any of the following vehi cles when equipped and ident law: (a) A vehicle of a fire department; (b) a publie officer for police cly owned police vehicle or a privately owned vehicle used by a polic work under agreement, express or implied, with the local authority to which he is responsible; (c) a vehicle of a licensed land emergency ambulance service, whether publicly or privately owned; (d) an emergency vehicle of a municipal department or a public service corporation, approved by the commissioner of public safety or the chief of police of a volunteer rescue squad operating pursuant to Laws municipality; (e) any vo ehicle designated as an authorized emergency 1959, Chapter 53; (f) a v ssioner of ubreservationtoftlife vehicle upon a finding by the commi e or designation of that vehicle is necessary to t property or to the execution of emergency governmental functions. (2) Bicycle. "Bicycle" means every device propelled solely by human power upon which any person may ride, having two tandem wheels except scooters and similar devices . and including any device generally recognized as a bicycle though equipped with two front or rear wheels. (3) Bus. "Bus" means every motor vehicle designed for carrying more than and used for the transportation of persons, and every motor ten passengers vehicle other than a taxicab designed and use d for the transportation of persons for compensation. 1 (4) Business District. "Business ditrct" means thsareaof the City designated on the City's offcial oning map as "B" Districts. (5) Crosswalk. "Crosswalk" means any portion of a roadway distinctly b indicated for pedestrian crossing by lines or other markings on the surface. (6) Controlled access highway. "Controlled access highway" means every highway, street, or roadway in respect to which the right of been acceacquired ss of the owners or occupants of abutting lands and other persons has and to which the owners or occupants of thetsamelexdCeptnat s have no legal right of access to or from such points only and in such manner as may be determined by the City. -1- (7) Custom service vehicles. "Custom service vehicles" means all vehicles used as well-drilling machine, wood-sawing machine, cement mixer, rock crusher, road grader, ditch digger, or elevating grader, refuse hauling truck, paving roller, portable generators, welders and air compressors mounted on trailers and capable of being towed, motor graders, caterpillars, and similar service equipment. (8) Driver. "Driver means every person who drives or is in actual physical control of a vehicle. (9) Farm tractor. "Farm tractorif means every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing-machines, and other implements of husbandry. (10) Gross weight. "Gross weight" means the unloaded weight of a vehicle or the unloaded weight of a truck-tractor and semi-trailer combination, plus the weight of the load. (11) Industrial District. "Industrial district" means those areas of the City designated on the City's official zoning map as "I" district. (12) Laned highway. "Laned highway" means a highway the roadway of which is divided into two or more clearly marked lanes for vehicular traffic. (13) Motor vehicle. "Motor vehicle" means every vehicle which is self- propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires. Motor vehicle does not include a vehicle moved.solely by human power. (14) Motor Vehicle Parts. "Motor accessory, attachment, or piece of connection with a motor vehicle. vehicle parts" means any part, equipment commonly used on or in (15) Motorcycle. "Motorcycle" means every motor vehicle having a seat or saddle for the use of the.rider and designed to travel on not more than three wheels in contact with the ground, including motor scooters and bicycles with motor attached, other than those vehicles defined as motorized bicycles in subdivision 15, but excluding a tractor. (16) Motorized bicycle. "Motorized bicycle" means a bicycle with fully operatable Pedals which may be propelled by human power or a motor, or by both, with a motor of a capacity.of less than 50 cubic centimeters piston displacement, a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than one percent grade in any direction when the motor is engaged. (17) Official traffic control devices. "Official traffic control devices" means all signs, signals, markings, and devices not inconsistent with this section placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. -2- (18) One-way roadway. "One-way roadway" means a street or roadway designated and sign-posted for one-way traffic and on which all vehicles are required to move in one indicated direction. .(19) Owner. "Owner" means a person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Ordinance. (20) Pedestrian. "Pedestrian" means any person afoot. (21) Police officer. "Police officer" means every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (22) Private road or driveway. "Private road or driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (23) Residential District. "Residential district" means those areas of the City designated on the City's official zoning map as "R" districts. (24) Right of way. "Right of way" means the privilege of the immediate use of street or highway. (25) Road tractor. "Road tractor" means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn. (26) Roadway. "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder even though such sidewalk or shoulder is used by persons riding bicycles or other human powered vehicles. In the event a highway includes two or more separate roadways the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively. (27) Safety zone. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times set apart as a safety zone. (28) School bus. "School bus" means every motor vehicle owned by a public or governmental agency and operated for the transportation of children to or from school or privately owned and operated for compensation for the transportation of children to or from school. -3- (29) Semi-trailer. "Semi-trailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that . some part of its weight and that of its load rests upon or is carried by another vehicle. (30) Service vehicle. "Service vehicle" means a motor vehi-cle owned and operated by a person, firm or corporation engaged in a business which includes the repairing or servicing of vehicles. The term also includes snow removal and road maintenance equipment not operated by or under contract to the state or governmental subdivision. (31) Sidewalk. "Sidewalk" means that portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. (32) Stand or standing. "Stand or standing" means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. (33) Stop. "Stop" means complete cessation from movement. (34) Stopping. "Stopping" means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in complaince with the directions of a police officer or traffic control sign or signal. (35) Street or highway. "Street or highway" means the entire width between boundary lines of any way or place when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular traffic. (36) Through street. "Through street" means every street or portion thereof at the entrances to which vehicular traffic from intersecting streets is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this ordinance. (37) Traffic. "Traffic" means pedestrians, ridden or herded animals, vehicles or other conveyances, either singly or together, while using any street or highway.for purposes of travel. (38) Traffic control signal. "Traffic control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (39) Trailer. "Trailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. (40) Truck. "Truck" means every motor vehicle designed, used or maintained primarily for the transportation of property. -4- (41) Truck-tractor. "Truck-tractor" means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (42) Vehicle. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway (excepting devices used exclusively upon stationary rails or tracks). (43) Wrecker. "Wrecker means a motor vehicle having a gross vehicle weight of 8,000 pounds or more, equipped with a crane and winch and further equipped to control the movement of the towed vehicle. SECTION 2 STATE HIGHWAY TRAFFIC REGULATION ACT The regulatory provisions of Minnesota Statutes 1973, Chapter 169, known as the Highway Traffic Regulation Act, as amended by Laws of 1982, is hereby adopted as a traffic ordinance regulating the use of highways, streets and alleys within the-City of Mendota Heights and are hereby incorporated in and made a part of this ordinance as completely as if set forth herein. SECTION 3 SCOPE OF ORDINANCE 3.1 Unless otherwise declared by Chapter 169 with respect to particular offenses, it is a petty misdemeanor for any person to perform any act forbidden or fail to perform any act required by this Ordinance, except a violation which is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property. 3.2 No person shall willfully fail or refuse to comply with any lawful order or direction of any peace officer invested by law with the authority to direct, control or regulate traffic. SECTION 4 STOPPING, STANDING AND PARKING 4.1 General Provisions 4.1(1)Any vehicle parked at any time on any public street in any part of the City of Mendota Heights shall be parked with the right-hand side parallel to the edge of the paved or improved road and not more than one foot from the edge of the paved or improved road, leaving at least four feet between parked vehicles except where marks or signs in the street indicate that cars shall be parked at an angle. 4.1(2) It is unlawful for any person to remove, erase or otherwise obliterate any mark or sign placed upon a tire or other part of a vehicle by a police officer for the purpose of measuring the length of time such vehicle has been parked. 4.2 Unattended Vehicles 4.2(1) No person shall leave a motor vehicle unattended on any road, -5- street or highway in the city with the engine running. 4.2(2) No person shall leave a motor vehicle parked unattended in the City on a street, road or highway, in any parking area, or in any public or private driveway, with the key in the ignition or the ignition unlocked. 4.2(3) Whenever any police officer shall find any such motor vehicle standing in violation of the foregoing provision, such police officer is authorized and directed to remove the keys from such vehicle and retain the same until called for by the owner of said motor vehicle. 4.3 Passage,Interference No automobile or other vehicle shall occupy any road or street in the city so as to interfere with or interrupt the passage of other cars or vehicles. 4.4 Places Prohibited Generally No person shall stop, stand or park a motor vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: 4.4(1) On or blocking a sidewalk, bikeway or pedestrian-way or blocking a driveway, bikeway or pedestrian-way entrance. 4.4(2) In front of a public or private driveway; 4.4(3) Within an intersection; 4.4(4) Within ten (10) feet of a fire hydrant, fire department sprinkler connection or fire department standpipe connection; 4.4(5) On a crosswalk; 4.4(6) Within twenty (20) feet of a crosswalk at an intersection; 4.4(7) Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a street, roadway or highway; between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone unless a different length is indicated by signs or markings; 4.4(8) Within fifty (50) feet of the nearest rail of a railroad crossing; 4.4(9) Within twenty (20) feet of the driveway entrance to any fire station and on the side street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when M properly sign-posted; 4.4(10)Alongside or opposite any street, roadway or highway excavation or obstruction when such stopping, standing, or parking would obstruct traffic; 4.4(11)On the street, roadway or highway side of any vehicle stopped or parked at the edge or curb of a street; 4.4(12)Upon any bridge or other elevated structure upon a street, roadway or highway or within a highway tunnel, except as otherwise provided by ordinance; 4.4(13)At any place where official signs prohibit parking. 4.5 Handicapped Parking. 4.5(1) No person shall park a motor vehicle in a parking space designated and reserved for the physically handicapped, on either private or public property, unless: 4.5(1) a. That person is physically handicapped in a manner rendering it difficult and burdensome for such person to walk or such person is operating the vehicle under the direction of such a physically handicapped person; and 4.5(1) b. The vehicle visibly bears or contains the certificate or insignia issued to physically handicapped persons by the Minnesota Department of Public Safety pursuant to Minnesota Statute Chapter 169.345, Subd. 2. 4.5(2) Notice of such designation of handicapped parking spaces shall be given by the posting of appropriate signs. 4.5(3) In any prosecution charging a violation of the above provisions, proof of the identity of the registered owner of the particular vehicle described in the citation or complaint at the time of the violation shall create a prima facie presumption that the individual was the person who parked such vehicle at the point where the violation occurred. 4.5(4) A violation of this section shall constitute a petty misdemeanor. Vehicles in violation may be removed, impounded and kept in custody under the direction of the Chief of Police. 4.6 Consent for Private Parking No person shall park or leave a motor vehicle standing upon the private property of another person without first receiving consent of the owner of such property. M 4.7 Special Parking.Areas Special parking areas may be designated by the City Council from time to time by resolution for truck parking or for taxicab parking and when so designated, no other vehicles may stand, stop, or park in such areas. 4.8 Parking in Privately and Publicly Owned Parking Lots And Parking Areas 4.8(1) Maximum Speed and Manner of Operating Motor Vehicles Generally 4.8(1) a. No person shall operate a motor vehicle on any parking lot or parking area in the City, whether privately or publicly owned, at a speed greater than is safe and reasonable under the conditions of traffic then existing therein, and in no event shall any such vehicle be operated in excess of a speed of 15 miles per hour. 4.8(1) b. All operation and driving of motor vehicles on such parking lots or parking areas shall be done in a careful manner so that no sudden starting or erratic movement of such vehicle is deliberatly engaged in by the driver. 4.8(1) c. It shall be unlawful for any person to operate any motor vehicle upon such parking lot or parking areas in any manner that would constitute careless driving if done on a public street. 4.8(1) d. No person shall engage in any drag racing or exhibition driving on any such parking lot or parking area. 4.8(2) Parking Uniformity Parking of vehicles on such parking lots or parking areas shall conform to the markings of stalls or positions for parking which are designated on the surface of the parking area and no vehicles shall be parked or allowed to stand in any area of such parking lot or parking area which has been designated or is used as a fire lane or a lane for moving traffic so that such parking will interfere with fire prevention or firefighting or with the movement of traffic therein. 4.8(3) Traffic Control Signs 4.8(3) a. The Police Department of the City may post signs at any entrance to a parking lot from a public street which shall designate one- way traffic for entrance and exit and the driver of any vehicle entering or leaving such lot shall comply with any signs so posted. 4.8(3) b. Where a privately or publicly owned parking lot or area in the City has traffic-control signs within said lot or area MEM indicating traffic direction, speed, yield or stop, the driver of any vehicle upon such lot or parking area shall comply with any such signs. . 4.8(4) Notice of Collision In the event that any person who drives a motor vehicle upon such parking lot or parking area becomes involved in a collision between the vehicle he is driving and any other vehicle or vehicles parking upon said lot or area, such driver shall leave a notice upon each unattended vehicle with which he has collided, giving his name, address and license number. Failure on the part of any person to comply with this paragraph shall constitute a violation of this ordinance. 4.9 REMOVAL OF VEHICLE BY-POLICE 4.9(1) When any police officer of the City finds a vehicle standing upon a street, roadway or highway in violation of any of the provisions of this ordinance, such officer is hereby authorized to move such vehicle or require the driver or other person in charge of the vehicle to move said vehicle to a position not in violation of any section of this ordinance. 4.9(2) Any vehicle, wherever found, whether on public or private property, in violation of this ordinance or other ordinances of the City or the laws of the state is hereby declared to be a nuisance. Any police officer of the City may require the driver or other person in charge of the vehicle to move said vehicle to a position not in violation of any section of this ordinance or said vehicle may be removed, under the direction or at the request of a police officer, to any public or private garage or parking area until claimed by the owner thereof as hereafter provided. 4.9(3) Any vehicle found upon the streets of the City in such a damaged condition or state of disrepair that it cannot be driven and which, in the opinion of a police officer, constitutes an obstruction of the.street, may be removed and impounded by the police department to a place of storage; provided, that if the owner or operator has requested, such vehicle may be towed to the owner's own garage or any other garage. 4.10 RECOVERY OF STORED VEHICLE 4.10(1) As soon as practicable after the removal of said vehicle parked in violation of the provisions of this ordinance., the City Police Department shall notify, in writing, the person known to be the owner of such vehicle by the registration thereof, of the following facts: 4.10(1) a. A general description of the vehicle together with the license number; -9- 4.10(1) b. The approximate time and the reason for removal and the place to which removed. 4.10(2)Before any vehicle so removed and stored shall be reclaimed, the owner or other claimant shall satisfactorily identify himself and establish his right, title or interest to said vehicle and the right to possession thereof and shall further pay all costs or charges in connection with the removal and storage of such vehicle and notice thereof. The payment of such charges shall not relieve the owner or other person responsible for such violation from the payment of any fine or penalty for violations of the provisions of this or any other applicable ordinance of the City or laws of the state. It shall be unlawful for any person to reclaim the vehicle so removed and stored without first paying all of the said costs, charges or penalties. 4.11 Vehicles on Parkways, in Parks or Upon Public Grounds 4.11(1) The operator, driver, owner or person in charge of any vehicle used or driven over or upon the streets and roads of the City must observe all of the following regulations upon all parkways and within the limits of all parks and upon any publicly owned grounds in the city. 4.11(1) a. No vehicle shall be left standing or parked except in designated parking spaces, and vehicles must be parked so that an unobstructed view into the interior of the vehicle may be had at all times, and no curtains, papers or coverings of any kind shall cover or conceal the front, rear, or side windows of any parked vehicle. 4.11(1) b. No vehicle shall be left standing or parked upon any foot path or in any area in which parking is restricted. 4.11(1) c. No person shall be in any park, and no person shall remain in or leave any vehicle in any park,.or upon any parkway or public grounds between the hours of eleven o'clock p.m. and six o'clock a.m. of the following morning. Nothing in this section shall apply to persons traveling upon established driveways of parks, or upon parkways. 4.12 Junk Cars 4.12(1) Definition. "Junk car" means any motor vehicle which: a) for a period of thirty (30) days or more is not in operable condition, or (b) for a period of thirty (30) days or more is partially dismantled, or (c) is used for sale of parts or as a source of repair or replacement parts for other vehicles, or (d) is kept for -10- scrapping, dismantling, or salvage of any kind, or (e) for a period of thirty (30) days or more is not properly licensed for operation within the State of Minnesota. 4.12(2) Parking and Storage No person shall park, keep, place, or store or permit the parking or storage of a junk car on a public street or alley, or on any private lands or premises which he owns, occupies, or controls unless it shall be within a building on such private premises. 4.12(3) Repair, Service or Maintaining No person shall service, repair, replace parts or do maintenance work on a junk car on a public street nor on any private lands or premises unless it shall be within a building on such private premises. 4.12(4) Provisions of Other Ordinances Nothing herein contained shall in any way be deemed to permit the keeping, storing, or parking of junk cars or the servicing, repairing, replacing of parts on, or maintenance of junk cars in violation of the provisions of the City Zoning Ordinance, as amended, or of any other ordinance of the City of Mendota Heights. 4.13 Truck and Custom.Service Vehicle Parking 4.13(1) It is unlawful to park a semi-trailer upon any street, City-owned parking lot, or other public property. 4.13(2) It is unlawful to park a semi-trailer, truck-tractor, or a combination thereof, or any custom service vehicle as defined by this ordinance, or any truck -J­"in excess of 9,000 pounds gross vehicle weight within an area zoned as a residential district except for the purpose of loading or unloading the same if such vehicle is in the process of making a delivery. 4.14 Parking During.Snowfall 4.14(1) No person shall allow any vehicle to park or stand upon any street or road in the City for more than thirty (30) minutes during the time intervening between a snowfall of two inches or more and the plowing or removal thereof. 4.14(2) Any vehicle stopped, parked, abandoned or otherwise unattended in violation of this section is hereby declared to be an obstruction of City streets and shall be declared to be a nuisance. 4.14(3) In the event any vehicle is stopped, parked, abandoned or otherwise left unattended in violation of the provisions of this section, any police officer of the City or the City Public Works Superintendent is hereby authorized to remove or cause to be removed any such vehicle and to have such vehicle towed or -11- otherwise removed to any public or private garage or parking area and stored in such garage or parking area until claimed by the owner as provided in Section 4.10 of this Ordinance. 4.15 Vehicle Repair on Street It is unlawful for any person to service, repair, assemble or dismantle any vehicle parked upon a street, or attempt to do so, except to service such vehicle with gasoline or oil or to provide emergency repairs thereon, but in no event for more than six (6) hours. SECTION 5 SNOWMOBILES 5.1 Definitions 5.1(1)Snowmobile. Snowmobile means a self-propelled vehicle designed for travel on snow or ice or on a natural terrain steered by wheels, skis, or runners. 5.1(2)Owner. Owner means a person, other than a lien holder, having the property in or title to a snowmobile or entitled to the use or possession thereof. 5.1(3)Operator. Operator means every person who operates or is in actual physical control of a snowmobile. 5.1(4)Operate. Operate means to ride in or on and control the operation of a'snowmobile. 5.1(5)Register. Register means the act of assigning a registration number to a snowmobile. 5.1(6)Roadway. Roadway means that portion of a street, highway or road which is improved, designed, or ordinarily used for vehicular travel. 5.2 State Regulations Adopted Minnesota Statutes 1969, sections 84.81 through 84.88, as amended by Laws of 1980 are hereby adopted as snowmobile regulations of the city and made a part of this section by reference as if fully set forth herein. 5.3 Snowmobile Registration Except as herein provided, no person shall operate any snowmobile within the City of Mendota Heights, except on the private property of the owner of the snowmobile, unless such snowmobile has been registered in accordance with the Laws of the State of Minnesota. -12- 5.4 Exceptions No registration hereunder shall be required for the following described snowmobiles: 5.4(1)Snowmobiles owned and used by the United States, any state, county or municipality. 5.4(2) Snowmobiles registered in a country other than the United States temporarily used within this state. 5.4(3) Snowmobiles covered by a valid license of another state and which have been within this state for not more than thirty (30) consecutive days. 5.5 Operation Except as herein provided, no person shall operate a snowmobile within the City of Mendota Heights except upon private property with the written permission of the owner of such private property. 5.6 Operation, Exceptions 5.6(1)A snowmobile may be operated upon a public street or highway in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical. 5.6(2)A snowmobile may be operated at anytime, anywhere, within the City of Mendota Heights under emergency circumstances by any police officer or duly authorized official, agent, or employee of the City. 5.7 Operation Generally It shall be unlawful for any person to drive or operate any snowmobile in the following unsafe or harassing ways: 5.7(1) At a rate of speed greater than reasonable or proper under all the surrounding circumstances; 5.7(2) In a careless, reckless or negligent manner so as to endanger the operator or the person or property of another or to cause injury or damage thereto. 5.7(3) While under the influence of intoxicating liquor or narcotics or habit forming drugs. 5.7(4) Without a lighted head and tail light after sunset and before sunrise or when otherwise required for safety. 5.7(5) To leave or allow a snowmobile to be or remain unattended on public property. OR]! 5.7(6) To operate a snowmobile in a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons. 5.7(7) To operate a snowmobile within skating rink or sliding area, operation would conflict with property. 5.8 Required Equipment one hundred (100) feet of any or in any other area where the use or endanger other persons or All snowmobiles shall have the following equipment: 5.8(1) Standard mufflers which are properly attached and which reduce the noise of operation of the machine to the minimum noise necessary for operating the machine and no person shall use a muffler cut- out, by-pass, or similar device on said machine. 5.8(2) A head light and tail light if the snowmobile is operated after dark. 5.8(3) Brakes adequate to control the movement of and to stop and hold a snowmobile. 5.8(4) A safety or deadman throttle which automatically cuts the fuel supply to the engine whenever the operator releases pressure on the throttle. 5.9 Liability A person registered as owner of a snowmobile may be fined not to exceed three hundred dollars if a snowmobile bearing his registration number is operated contrary to the provisions of this section. The registered owner may not be so fined if (a) the snowmobile was reported as stolen to a law enforcement agency at the time of the alleged unlawful act, or if (b) the registered owner demonstrates that the snowmobile either was stolen or was not in use at the time of the alleged unlawful act, or if (c) the registered owner furnished 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 section 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 record shall be preserved for at least six 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 section do not prohibit or limit the prosecution of a snowmobile operator for violating any provisions of this section. SECTION 6 RECREATIONAL MOTOR VEHICLES 6.1 Definition. Recreational motor vehicle means any motor vehicle designed for, used or capable of use for sport, amusement or recreation, whether or not eligible to be licensed for use upon streets, and highways, including, but not limited to motor bikes, motor scooters, trail bikes, mini bikes, motorcycles, go-karts, hovercraft, snowmobiles converted to use with wheels, all-terrain vehicles or dunebuggies, but excluding motor vehicles designed for commercial, industrial or agricultural use and snowmobiles propelled by tracks. 6.2 Operation of Recreational Motor Vehicles It shall be unlawful to operate a recreational motor vehicle within the City: 6.2(1) Upon private property without the written permission of the owner or person entitled to possession thereof; subject, however, to the following: This restriction shall not apply to motor vehicles registered under Minnesota Statutes, Chpater 168, when operated by a driver licensed under Minnesota Statutes Chapter 171 upon private driveways, roadways, lanes, ways or parking lots where the operation of licensed motor vehicles is not expressly prohibited by posted notice. 6.2(2) Upon any school grounds, public park, playground, recreational area, golf course, or other public property. 6.2(3) Upon any public sidewalk, bikeway, walkway or boulevard. 6.2(4) Upon the right-of-way of any public street or highway unless: 6.2(4) a. The recreational motor vehicle is licensed under Minnesota Statutes, Chapter 168, and 6.2(4) b. The operator is licensed under Minnesota Statutes, Chapter 171, and 6.2(4) c. The vehicle is operated upon the improved portion of the right- of-way. 6.3 Movement of Unlicensed Recreational Motor Vehicles No unlicensed recreational motor vehicle may be moved along or across a street or highway with a person seated thereon, whether or not the engine is operating. Such vehicles may be moved along or across a street or highway by pushing, and only when doing so creates no hazard to moving vehicular traffic on the street or highway. -15- 6.4 Recreational Vehicle Noise Limits Recreational motor vehicles shall meet the noise limits established for motorcycles by Minnesota Statutes, Chapter 169. SECTION 7. RECREATIONAL CAMPING VEHICLE PARKING 7.1 Definition. The term "recreational camping vehicle" means any of the following: 7.1(1) Camping Trailer. Camping trailer means a folding structure, mounted on wheels and designed for travel, recreation and vacation uses. 7.1(2) Motor Home. Motor home means a motor vehicle designed, constructed, or used to provide movable living quarters for recreational use. 7.1(3) Pick-up Coach. Pick-up coach means a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation. 7.1(4) Travel Trailer. Travel trailer means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified "Travel Trailer" by the manufacturer of the trailer. 7.2 General Provisions It shall be unlawful for any person to leave or park a recreational camping vehicle on or within the limits of any street or right-of- way for a continuous period in excess of twenty-four (24) hours without the written permission of the Chief of Police. SECTION 8. COORDINATION OF PROVISIONS 8.1 Where a provision of any other ordinance of the City conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. SECTION 9. PENALTY 9.1 Any person violating any provisions of this Ordinance may be guilty of a misdemeanor and upon conviction may be punished by a fine of not more than seven hundred dollars ($700.00) or imprisoned for not more than ninety (90) days or both, plus the cost of prosecution in any case. -16- SECTION 10. EFFECT OF ORDINANCE This Ordinance shall be in full force and effect from and after its publication according to law. Enacted and ordained by the City Council of the City of Mendota Heights this 5th day of November , 1985. ATTEST: Vathleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By (;eot Robert G. Lockwood Mayor -17- SUMMARY OF ORDINANCE NO. 219 CODIFIED AS ORDINANCE NO. 1101, AN ORDINANCE REGULATING MOTOR VEHICLES AND TRAFFIC IN THE CITY OF MENDOTA HEIGHTS, DAKOTA COUNTY, MINNESOTA, ADOPTED NOVEMBER 5, 1985 THE FOLLOWING IS A SUMMARY OF THE ABOVE REFERENCED ORDINANCE. A PRINTED COPY OF THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR INSPECTION BY ANY PERSON DURING REGULAR OFFICE HOURS AT THE OFFICE OF THE CITY CLERK. The Ordinance contains numerous rules regulating traffic in the City of Mendota Heights and the use of motor vehicles in the City. It incorporates the laws enacted by the State of Minnesota regu- lating highway traffic, and applies those laws to the use of highway streets and alleys within the City of Mendota Heights. The Ordinance includes provisions on parking vehicles in general, leaving vehicles unattended, parking vehicles so as to block the passage of other vehicles, prohibiting parking in certain areas (such as, for example, on sidewalks, in front of driveways, in intersections, in front of fire hydrants, and etc.) handicapped parking rules, parking on private property, operating motor vehi- cles within private and public parking lots (for example, the Ordinance imposes a speed limit of 15 mph in all public and pri- vate parking lots, requires careful driving, and prohibits drag racing in parking lots), parking within marked parking slots, allowing the City to post traffic control signs at any entrance to or exit from a parking lot, and requires any driver who becomes involved in a collision between his vehicle and a parked vehicle to leave a notice with the unattended vehicle of his name, address and license number. The Ordinance also gives the Police Depart- ment the authority to remove any vehicle which is found by the Police Department standing upon a street, roadway or highway in violation of the Ordinance, and to remove any vehicle which con- stitutes a nuisance or which is found upon the streets of the City in a damaged condition or a state of disrepair. The Ordinance also contains provisions for the impounding and storage of such vehicles, and the recovery of such vehicles by the owner from the City. The Ordinance imposes restrictions on operating and parking vehicles on parkways, in parks or upon public ground, and upon parking, storing, repairing, servicing or maintaining a "junk car", which is defined to be a motor vehicle which is not licensed or not operable or is partially dismantled for a period of thirty (30) days or more, or which is used as a source of replacement parts. The Ordinance also prohibits the parking of semi trailers upon streets, City owned parking lots, or other public property, and prohibits parking trucks of certain sizes in residential districts of the City. The Ordinance also prohibits parking vehicles on a public street for more than thirty (30) minutes during the time between a snowfall of two inches or more and the plowing or removal of the snow, and grants the City authority to remove vehicles which violate said provision. The Ordinance also prohibits repairing vehicles in the street, except in emergency circumstances. The Ordinance further adopts certain provisions of Minnesota State Law regulating snowmobiles within the City, and generally requires registration of snowmobiles. The Ordinance prohibits operation of snowmobiles on private property within the City, except with the written permission of the landowner, and the Ordinance only allows snowmobiles to be operated upon public streets in an emergency during the period of time when snow upon the highway renders automobile travel impracticable. The Ordi- nance imposes additional restrictions on the operation of snowmo- biles within the City (such as, for example, prohibiting operating at an unreasonable rate of speed, in a careless, reckless or negligent manner, while under the influence of intoxicating li- t quors or drugs, without a headlight after sunset, and etc.). The Ordinance also requires all snowmobiles to have standard mufflers, head lights, tail lights, adequate brakes and a deadman throttle. The Ordinance for the allows a fine of not more than $300 to be imposed on any owner of a snowmobile if his or her snowmobile is operated contrary to the provisions of the Ordinance. The Ordi- nance also imposes restrictions on the operation of recreational motor vehicles (which are defined to include but not be limited motor bikes, motor scooters, trail bikes, mini bikes, go-carts, hover craft, all-terrian vehicles, dune buggies, and snowmobiles converted to use with wheels). Finally, the Ordinance prohibits parking recreational camping vehicles (i.e. motor homes, camping trailers, pickup coaches, and travel trailers) on any street within the limits of the City for a continuous period in excess of twenty-four (24) hours. Finally, the Ordinance provides that any person who violates any provision of the Ordinance may be guilty of a misdemeanor and upon conviction may be punished by a fine of not more than seven hun- dred dollars ($700.00) or imprisoned for not more than ninety (90) days, or both, plus the cost of prosecution. Adopted by the City Council of the City of Mendota Heights this 5th day of November, 1985. CITY OF MENDOTA HEIGHTS Kathleen M. Swanson City Clerk