1970 Ord 58-59
.. ..... ,..
(OfUcial Publication)
OIU)D1AHCB NO. 58
AN ORDINANCE llBLATING TO
.. 'l1lE REGULATION AND UEP-
IMG OF HORSES. COLTS AND
PONIES WITHIN THE VIL-
LAGB OF SHOREWOOD
The Village Council
of th4 Village of Shore-
wood doe. ordain:
SEClION 1.
No person. firm or
corporation .ball
keep. .table _ bar-
bour horses. colta or
pODie. witbin tbe
li1lliu of the Village
of Shorwood. upon
land other than that
clas.ified and taxed
as agricultural by
the Village Asse.sor
without first obtain-
ing a perll1.t from tbe
Village Clerk to so
keep. atable. or bar-
bour aaid animals.
Such person. firm,
.. or corporation .hall
pay therefore to tbe
Village Clerk tbe SUII
of $10.00 for each
horae reque.ted for
said per1llit.
SECfION 2.
Application for the
permit .hall be made
in writing by the
owner of the animal
or animals upon blanks
or f 01'1D8 f urni8hed by
the Village Clerk.
Each application for
a permit shall have
thereon the correct
legal de.cription of
the property on which
th. animals or animals
will be kep t and the
name of the owner of
the land; the total
number of horses and
information indentify
ing each horae to be
k.pt or s tab led on
said land; the deacrip-
LEGAL NOTICES
tion of shelter pro-
vided for the animal
or animala.
SEClION 3.
No per1llit shall be
issued by the Village
Cl.rk until the Animal
Inspector, to ~e ap-
pointed by the Council,
haa insp.cted the pre-
lI1.ea upon which the
aimal or animals are
to be kept. The fol-
lowing atandarde are
to be Mt and provided
by the applicant be-
for. a penit shall
b. 1alued.
1. ItzI. area where
hors.s are kep t.
stabled, 1I&in-
td:aed or con-
fined of at least
a contiguous one-
half acre.
2. Such area shall be
enclo.ed by a .tur-
dy wood. _tal or
electrical feQ88
which vill k.eep the
ani..l or .nf-.l.
confined therein.
3. A shelter or .ta-
bling facility
which will keep
the animal or an-
ima18 comfortable
and protected from
the elements and
which shelter or
stabling facility
shall be no closer
than 100 feet from
any structure other
than the applicants
which is used for
re.idential pur-
poa..; in addi tion
the .helte,r or stab-
ling facility .hall
be 80 located so as
not to create a pub-
lic nuisance.
4. Cl.an and sanitary
premi..s which will
not be a harbour for
rodent, flies and in-
secta.
5. Areas where anima18
are confined shoul. be
of such a nature they
can be used by the an-
1mal for graz1ng, but
the are.. shall be no
aloser than 75 feet
from any .t~tur.
other tlaan the appli-
cats. which i. used
for re.idential pur-
poae..
6. The number of animala
per one-half acre of
confinement area .hall
be limited to one.
7. Keeping. .toring, .ta-
bling or maintenance
of said aniaals on
the preai... .hall not
directly contzibute
to tba pollution of
any public body of
"ater.
SEClION 4.
Upon receipt of an inspec-
tion report fro. the Ani-
..1 Inapector. dac10aing
that the applicant has eom-
plied with the standards
pr~ded by Section 3
abow and upon approval
of the application by the
Village Council. the Vil-
laRe Clerk may i.aue a
permit for the keeping
of said hor.... colts, or
pODiea which permit SHall
expi re OIl the ensuillg :5 th
day of May, unle.. .ooner I
revoked .. hereinaf ter
provided. except tha& any
applicant reque.ting a
pendt to keep, atore,
01' atable three (3) or
acre hor.... colt. or
ponies upon one parcel
of land .hall not be is-
aued by the Clerk until
'<
-2-
. the Vill..e Council keep the animal
hu detera1ued that or animals under
the keepina, storina, control and fen-
uintenance or sta- ced within its
bliag of said nUllber area. or
of animals shall not s. The applicant haa
be public nuisance. not met the stan-
SEertoN S. dards set forth
Pend t8 issued pUll- in Section 3 of
suant to this Ordi- this Ordinance:
nancemay be re- ar
voked by the Vill..e 6. The animal has
Council if the Coua- been treated
cil fia., after in- cruelly and in-
vestigation by the humanly.
Inspector and after 7. The keeping,
holding a hearing storing or sta-
thereon (notice of b ling of said
said hearing to be animals is a
give. to the holder public nuisance.
of the permit) that. SECTION 6.
1. The premises up- Any person viOlating
on which the an- the provisions of
i..l i. kept is thi. ordinance .hall
. uuight ly and a be guil ty of a ai.-
harbour for ro- demeanor and shall
dents, flies, upon conviction there,
and insect: or be punished by a fine
2. The winter ac- of not to exceed $300.00
cUJDulation of or by imprisonment of not
manure is not not to exceed ainty (90)
rellOved from days.
the premises SECTION 7.
prior to May Ordinance No. 36 which
15th of each wa. accepted December
year; burning 11, 1961 toae ther with
of manure is any aaendllents thereto,
prohibited, or is hereby repealed.
3. ACCUJDulation8 of SEerION 8.
manure are not This ordinance shall
removed at such take effect and be
periods as will enforced after ita pas-
insure that no saae and publication ac-
objectional ar- cording to 1_.
011& exists and Passed by the Council
that the require- this 13th day of April,
ments of sub- 1970.
di vision one a- JACK T. COOPER
bove are com- Kayor
plied with: or ATl'EST:
. 4. The applicant MURIEL WHOWELL
has fail.d to Clerk
make a reason-
aile effort to
(Ollicial Publication)
ORDlNANn; NO. 59
ORDINANCE REGllLATING THE USE OJo'
SNOWMOBILES IN THE VILLAGE OJo'
SHOREWOOU AND PROVmlNG PENAL
TIES Jo'OR VIOLATlONTHJo;REOJo' .
The Village Council of the Village of Shore.
wood ordaIns as follows:
_chon L DEFINITIONS. For the purpose
his OrdInance the terms defined herein
have the folloWIng meamngs ascribed to
m.
Subdivision 1. "Person" includes an individ.
ual. partnership. corporation. the state and its
I a~encies and subdivision. and any body of
.persons. whether incorporated or not.
Subd. 2. "Snowmobile" means a sell.pro-
pelled vehicle designed for travel on snow or
Ice or natural terrain steered by wheels. skis
or runners
Subd. a. "Owner" means a person. other
than a hen holder havin~ the property in or
btle to snowmobile entitled to the use or
possession thereof.
Subd. 4. "Operate" means to ride in or on
and control the operation of a snowmobile.
Subd. 5. "Ope~ator" means every person
who operates or IS In actual physical control
of a snowmobile.
Subd. 6. '.'Roadway" means that portion of
a highway I~proved. designed. or ordinarily
used for vehicular travel, including the shoul.
der
Subd. 7. "Street or highway" means the
entire width between boundary hnes 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. '
Subd. 8. "Right of way" means the entire
stnp of land traversed by a highway or street
in which the public owns the fee or an ease-
ment for roadway purposes.
Subd. 9. "Safety or deadman" throttle is
deftned as a device which. when pre,sure is
removed from the engine accelerator or
throttle. causes the motor to be disengaged
from the driving trac k.
Section 2. OPERATION ON STREETS
AND HIGHWAYS. Subdivison I. No person
shall operate a snowmobile upon the roadway.
_oulder or inside bank or slope of any trunk.
\y state. ald. or county highway in this
age and. 10 the case of a divided trunk or
nty highway. on the right of way between
the OpOSSIng lanes of traffic, except as pro-
Vided 10 thiS OrdlOance. nor shall operation on
any such highway be permitted where the
roadway directly abuts a public sidewalk or
walkway or property used for private pur-
poses. No person shall operate a snowmobile
WlthlO the right of way of any trunk. county
state ald. or county highway between the
hoo rs of one-half hoo r after sunset to one-hall
hour before sunrise. except on the right hand
Side of such nght of way and in the same
dlrecbon as the highway traffic on the near-
est lane of the roadway adjacent thereto. No i
snowmobile shall be operated at any time i
wlthlO the right of way of any interstate
highway or freeway within this state.
Subd. 2. A Snowmobile may make a direct
crosslOg of a street or highway except an
lOter~tate highway or freeway. provided:
a. The crosslOg is made at an angle of
approximately 90 degrees 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 of the highway.
c, The driver yields the right of way to all
oncoming traffic which constitutes an
immediate hazard.
d, In crosslOg a OlvldeO street or highway.
the crossmg IS made only at an intersec-
tIOn of such street or highway wi th
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 visibihty. only if both front
and rear lights are on.
Subd. 3. No snown:tobile. shall enter any
_ntrOlled lOtersectlOn WIthout making a
.?Iete stop. The operator shall then yield
,'Ight of way to any vehicles or pedestri-
ns which constitute an immediate hazard.
Subd. 4. Notwithstanding any prohibition in
thiS Ordmance. a snowmobile may be oper-
ated on a public thoroughfare in an emer-
gency during the period of time when and at
locations where snow upon the roadway ren-
ders travel by automobile impractical.
Section 3. OPERATION GENERALLY
Except as otherwise specifically permitted
and authorized. it is unlawful for any person
to operate a snowmobile within the limits of
the Village of Shorewood:
.subdi vision 1. On a public sidewalk or
walkway provided or used for pedestrian
travel.
Subd. 2. On private property of another
Without lawful auUlority or consent of the
owner or occupant.
Subd. 3. On any publicly owned lands and
frozen waters, including but not limited to
school grounds. park property. playgrounds.
recreabon areas anp goll courses. except
areas previously listed or authorized for such
use by the proper public authority. in which
case such use should be lawful and snowmo-
biles may be driven in and out of such areas
by the shortest route. Authorized areas in the
Village of Shorewood ,owned by the Village
shall be deSignated by council resolution. '
Subd. 4. At any place. while under the influ- '
ence of intoxicating liquor or narcotics or
habit forming drugs. .
Subd. 5. At a rate of speed greater than
reasonable or proper under all the su rround-
ing circumstances.
Subd..6. At any place in a careless, reckless
or neghgent manner so' as to endanger the
person or property of another or to cause
injury or damage thereto.
Subd. 7. So as to tow any person or thing on
a public street or highway except through use
of a rigid tow bar attached to the rea r of the
snowmobile.
Subd. 8. At a speed grea'ter than ten miles
an hour when. within 100 feet of any lake-
shore. except 10 channels. or of filii erman.
Ice house or skating rinks. nor shall operation
be permitted wlthlO 100 feet of any sliding
are a. nor where the operation would conflict
with the lawful use of prl'perty or would
endanger other persons or prbperty.
Subd. 9. 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.
Section 4. EQUIPMENT. It is unlawful for'
any person to operate a snowmobile any place '
, WlthlO the hmlts of th,e Village of Shorewood
I' unless It I.S .eqUlpped With the following:
SubdiVISion 1. Standard mufflers which are
properly attached and 10 constant operation.
and which reduce the noise of operation of the
motor to the minimum necessary for opera.
Ion. Mufflers shall comply with Regulation
CONS, 55 which is hereby adopted by refer'
ence as it existed on September ,I. 1970. No
person shall use a muffler cutont. by-pass,
straight pipe or similar device on a snowmo.
, bile motor. and the exhaust system shall not
emit or produce a sharp popping or crackling
sou nd,
Subd. 2. Brakes adequate to control the
movement of and to stop and hold the snow-
"'l1obile under any conditions of operation.
Subd. 3. A safety or so-called "deadman"
throttle in operating condition. so that when
pressure is removed from the accelerator or
throttle. the motor is disengaged from the
driving track.
Subd. 4. At least one clear lamp attached to
the front. with sufficient intensity to reveal
persons and vehicles at a distance of at lea st
100 feet ahead during the hours of darkness
under normal atmospheric conditions. Such
head lamp shall be. so aimed that glaring rays
are not. projected lOto the eyes of an oncom-
109 vehicle operator. It shall also be equipped
WIth at least one red tail lamp having a
mmlmum 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
condlhons. The eqUipment to be in operating
condition when the vehicle is operated
between the hours of one-half hoo rafter
sunset to one-half hour before sunrise or at
times of reduced visibihtv.
'Subd. 5. Reflective material at least 16
l,qUare inches on each side, forward of the
landlebars. so as to reflect or beam light at a
linety degree angle.
, Section 5. APPLICATION OF OTHER
LA WS. Village traffic ordinances shall apply
to the operation of snowmobiles upon streets
and highways. and Minnesota Statutes 1969.
Sections 84.81 to 84.88. and Minnesota Statutes
1969. Chapter 169 except for those provisions
relating to required equipment. are hereby
I adopted by reference, except those provisions
'I which by their nature have no application.
Section 6. PERSONS UNDER 18. Subdivi-
sion I. No person urnjer 14 year) of a~e shall
operate on streets or highwats or make a
direct crossing ofa street or highway' as the
operator of a snowmobile. A person 14. years
of age or older. but less than 18 years of age.
may operate a snowmobile on streets or
highways as permitted under this Ordinance
and make a direct crossing thereof only If he
has in his immedia.te possession a valid
snowmobile safety certificate Issued by the
commissioner of conservation as provided by
Minnesota Statutes 1968. Section 84.86.
Subd. 2. It is unlawful for the owner of a
snowmobile to permitithe snowmobile to be
operated contrary to the prOVisions of thiS
section.
Section 7. LEAViNG SNOWMOBILE
UNATTENDED, Every person leaving a
snowr'lobile in a public place shall lock the
ignition. remove the keiy and take the same
with him. .. .
Section 8. CHASING ANIMALS FORBID-
DEN. It is unlawful to intentionally drive.
chase. run over or kill any animal. wild or
domestic. with a snowmobile.
Section 9. VIOLATIONS. Every person
convicted of a violation of any of the provi-
sions of this Ordinance shall be punished by a
fine of not more than three hundred dollars
($300.00 I or by imprisonment for a period of
not' more than ninety 190 I days. or both, but
in either case the costs of prosecution may be
added.
Sectiion 10. SEVERABILITY. Should any
section. subdivision. clause or other provision
of this Ordinance be held to be invalid by a
court of competent jurisdiction. such decision
shall not affect the validity of the OrdinanCE
as a whole. or any part thPfeof. other than
the part held to be invalid,
Section 11. EFFECTIVE DATE. This Ordi.
nance becomes effective from and after it!
passage and publication.
Adopted by the Village Council of the Vii.
lage of Shorewood this 28 day of December.
1970.
J. COOPER
Mayor
Attest:
MURIEL J. WHOWELL
Clerk
(Jan. 7. 19711-'EX
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