ORDINANCE NO. 126

CITY OF AVON

 SNOWMOBILE ORDINANCE

            The purpose and intent of this ordinance is to provide reasonable regulations for the use of snowmobiles on public and private property.  The City of Avon wishes to extend an invitation to owner/operators wanting to use our facilities and services.  This Ordinance is not intended to allow what the Minnesota Statutes prohibit; nor to prohibit what the state statutes expressly allow.

            SECTION 1.  Definitions.  For the purpose of this ordinance the terms defined in this section have the meanings indicated.

a.       “City” means the entire area within the corporate boundaries of the City of Avon, including public waters.

b.      “Operate” means to control the operation of a snowmobile.

c.       “Operator” means a person who operates or is in actual physical control of a snowmobile.

d.      “Owner” means a person, other than a lienholder, having the property in or title to a snowmobile entitled to the use or possession of.

e.       “Person” includes an individual, partnership, limited liability company, corporation, the state and its agencies and subdivisions, and any body of persons whether incorporated or not.

f.        “Snowmobile” means self-propelled vehicle designed for travel on snow or ice or natural terrain, steered by wheels, skis, runners, or power-driven drum or tracks.

g.       “Snowmobile Trail” means the property designated and posted for use by snowmobiles in the City of Avon.  A map of such trail is available for inspection at the office of the Avon City Clerk.

h.       “Public Right-of-Way” means the entire width between boundary lines or any way or place when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic and includes any such highway, street, road, or alley.

i.         “Public Waters” includes and is limited to all those bodies of water within the City of Avon meeting the definition contained in Minnesota Statutes Section 105.37, subdivision 14 as the same may from time to time be amended.

SECTION 2.  General Rules.  It is unlawful for any person to operate a snowmobile under the following circumstances.

a.       On private property of another without the express permission to do so by the owner or occupant of said property.

b.      On public school grounds, park property, playgrounds, and recreational areas without express permission to do so by proper public authority.

c.       In a manner which creates loud, unnecessary, or unusual noise so as to disturb or interfere with the peace and quiet of another person.

d.      While towing any person or thing upon a public right-of-way, except through use of a rigid tow bar or in violation of Minnesota Rules, Section 6100.5700, subpart 2.

e.       In a careless, reckless, or negligent manner so as to endanger, or be likely to endanger, the safety of any person or the property of any person.

f.        Without having such snowmobile registered as provided for in Section 84.82, Minnesota Statutes.

g.       Upon or over any sidewalk, boulevard, shoulder, or berm, in the City unless authorized by the City of Avon and posted.

h.       While under the influence of intoxicating liquor, narcotics, or substance known to impair judgement, motor skills, or driving ability.

i.         It shall be unlawful to operate a snowmobile within the city between the hours of 1:00 o’clock a.m. and 6:00 o’clock a.m., except on the Lake Wobegon Trail or on specifically posted access routes within the City of Avon to and from the Lake Wobegon Trail.  The time restrictions in this subdivision, however, shall not apply to public waters within the City unless this restriction is approved in writing by the Commissioner of Natural Resources as provided in Minnesota Rule 6100.5200, subpart 2.  Such written approval, if received, shall be attached hereto and incorporated herein by reference.

SECTION 3.  Designated trails / That Portion of the Property Designate Public Right of Way

1.      Lake Wobegon Trail – the old rail right of way; starting at Middle Spunk Creek, on County Road 54.  Going east, on the North side of the road and continuing east on the North side of First Street N, to the east City Limits.

2.      To access Motel, Restaurant, and Gas Services; or to the south side of Avon – Lake Wobegon trail to Dolphin.  Crossing to Blattner Drive and traveling Blattner Drive.  To continue to south edge of community; using the west side of County Road 9; to the south side of I-94.

3.      From north of Avon travel the east side of County Road 9 from Ochotto Lake to end of the east bound ditch.  Then travel one block on blacktop from end of ditch to Lake Wobegon trail.

4.      From Stratford Addition travel Hamlet Drive to Chinook Avenue to Lake Wobegon Trail.  This must be done on the far right side of roadway.

TRAVEL MUST BE ON PUBLIC PROPERTY; UNLESS SIGNS DIRECT OTHERWISE.

            SECTION 4.  Equipment.

1.  In addition to the requirements imposed by State statute and the regulations promulgated by the Commissioner of the Department of Natural Resources thereunder, all snowmobiles operated within the City shall have the following equipment:

a.       Mufflers which are properly attached and which reduce the noise of the operation of the vehicle to the minimum noise necessary for operating the vehicle.  No person shall use a muffler cut-out, by-pass or similar devise on said vehicles.

b.      Adequate brakes and at least one headlight and one tail light meeting the specifications set forth in Minnesota Rules Section 6100.5700.

c.       A safety or so-called “deadman” throttle in operating condition; a safety or deadman throttle is defined as a device which, when pressure is removed from the accelerator or throttle, causes the motor to be disengaged from the driving track.

2.  No studded tracks of any type shall be allowed for use within the City of Avon.

            SECTION 5.  Speed Limited.  It shall be unlawful for any person to drive or operate a snowmobile at a rate of speed greater than is reasonable and proper under all surrounding circumstances.  Regardless of surrounding circumstances, it shall be unlawful to operate a snowmobile at a speed greater than 20 mph with the City.

            SECTION 6.  Motor Running.  It is unlawful for the owner or operator to leave or allow a snowmobile to be or remain unattended on public property while the motor is running or with the keys to start the same in the ignition switch.

            SECTION 7.  Council Rules.  The council may, by resolution, prohibit the operation or adopt additional regulations concerning the operation of snowmobiles within any public right-of-way or other public property within the City, when in the opinion of the council the public safety and welfare so requires, consistent with Minnesota Statutes Section 84.87, subdivision 3.

            SECTION 8.  Crossing Public Right-of-Way.  A snowmobile may make a direct crossing of a public right-of-way provided:

a.       The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing; and

b.      The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway; and

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

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

e.       The snowmobile is brought to a complete stop at all intersections and yields to all vehicles and pedestrians.

SECTION 9.  Rules of the Road.  All regulations promulgated by the DNR as well as laws of the State of Minnesota regarding operation, equipment, and maintenance of snowmobiles are hereby incorporated by reference.  Conduct occurring within the city which would otherwise constitute a violation of the above mentioned laws and regulations would be unlawful if committed within the City and constitute a violation of this Ordinance.

            SECTION 10.  Penalty Provision.  Violations of this Ordinance shall be a misdemeanor punishable by a maximum of a $700 fine and/or 90 days in jail.

            SECTION 11.  Severability.  The provisions of this Ordinance are severable, and the invalidity or unconstitutionality of any section, paragraph, subdivision, or other part herein shall not make void, impair or invalidate, or affect the remainder thereof.

            SECTION 12.  This Ordinance shall be effective following Thirty (30) Days of publication.

            Approved and passed this 9^th day of November 1998.

                                                                        Terry Pflipsen, Mayor

Carolyn Blonigan, City Clerk