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082791 PK MINCITY OF SHOREWOOD COUNCIL CHAMBERS • PARR COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, AUGUST 27, 1991 7:00 P.M. M I N U T E S CALL TO ORDER Chairman Andrus called the meeting to order at 7:00 p.m. ROLL CALL Present: Chairman Andrus, Commissioners Lindstrom, Vogel, Christensen, Laberee, and Dzurak; Park Secretary Niccum; and Council Liaison Lewis and Police Chief Young Absent: Commissioner Wilson APPROVAL OF MINUTES Vogel moved, Lindstrom seconded, to approve the minutes of Tuesday, August 13, 1991, as written. Motion carried - 6/0. SNOWMOBILE ORDINANCE REVIEW is Mike Ellis, President of the Shorewood Snowmobile Club, said he was all for changes. He then asked the Commission to consider the letter of August 14, 1991 (see attached). Commissioner Christensen said the Council had asked everyone to work together to create an ordinance that would benefit everyone, instead everything was thrown out of the ordinance but three things, the three things that make snowmobiling impossible. He said the ordinance being presented at this time is utterly ridiculous. He referred to: 802.02 Sec. 7 ............ this stops the use of the trail altogether, you can't get on the lake. Niccum said that according to the City Attorney, there is only one place in Shorewood where it is legal to enter the lake, and that is Crescent Beach. Christensen said the place they enter the lake is private property, not public. 802.02 Sec. 8 .............you can't turn a snowmobile around in this area. • 802.02 Sec. 9 .............too narrow to groom, cross country skiers would be on both sides, no room. TUESDAY, AUGUST 27, 1991 • Page two 802.02 Sec. 11 ............ how are people supposed to get home? They will just speed through at 70 m.p.h. instead and then someone will get hurt or killed. 802.04 Sec. 6 .............I will not put a pennant on my snowmobile, this is ridiculous, this is an expensive machine. I would be ridiculed. . Another thing I don't want to do is sit here every Tuesday night and talk snowmobiling. Bob Belbeck said the people at the meeting had worked hard to try to compromise. He said he thought we were here to make the most rational decisions, not to have a defeatist at but to work things out. He pointed out that he had to drill holes in a $15,000 vehicle to put license plates on. Mike Ellis said he would like to get something settled. GO TO COPY OF ATTACHED ORDINANCE FOR MOTIONS AND REVISIONS. Dave Howe of Chanhassen said there is a problem with enforcing the speed limit. Commission asked that the City Attorney check with the Commissioner of Natural Resources to see if he has to set the - speed limits. MATTERS FROM THE FLOOR Cross - country ski trail grooming Check out grooming cross country ski trails. There is a lady that works for Hennepin parks that will help lay out the trails. ADJOURNMENT Lindstrom moved, Laberee seconded, to adjourn at 10:40 PM. Motion carried unanimously. RESPECTFULLY SUBMITTED, • Sue Niccum Secretary *PLEASE REVIEW THIS FOR THE MEETING OF AUGUST 27, 1991. BE READY TO MAKE A COUNCIL RECOMMENDATION. REVISED SNOWMOBILE ORDINANCE Enclosed find: 1. Revised Ordinance 2. Belbeck's original suggestions 3. Information on Snow Patrol The first revision of the Ordinance, showing Belbeck's suggested changes, was reviewed with the Park Commission and Police Chief Young. I then made the suggested changes and sent the revision to the City Attorney. He came in and reviewed it. I then retyped it in Ordinance form and sent it back to the attorney. He again reviewed it, made a few changes, and this is the draft for your review and recommendation to the Council. Please note that some of the suggested revisions were either illegal or already covered in the State Statutes. ADDITIONAL INFORMATION REGARDING • SNOWMOBILE ORDINANCE 8/26/91 FLAGS • The City of Brooklyn Park does enforce their ordinance regarding flags on snowmobiles. The snow patrol does give out tickets for no headlights, no flags and things like that, the resident then has 7 days to correct the problem. They have to have the ticket validated by "the police department. • The flag ordinance in Brooklyn Park only applies to residents of the city. They do not require residents passing through the city to have flags. • The cities of Champlin and Duluth also have flag ordinances. • The snowmobile ordinance is published in the newletter once a year. It is also sent to the school system. • Information on flag: (Received from Osseo Sports- 425 -4159) • Reflective reddish orange vinyl • 9 x 12" x12" • Telescopes from a high of 63" to a low of 28" • L- shaped bracket screws to tunnel • unscrewing one bolt can remove flag, while leaving L- shaped bracket on snowmobile 0 DT. August 28, 1991 TO: Shorewood Commisioners FR: Bob Belbeck RE: Snowmobile ordinance The ordinance looks like a good step to help snowmobilers, residents, hikers and skiers co- exist. I would like to make some further suggestions: 1) According to the ordinance, as written, it is illegal for the police to drive snowmobiles on park property, etc. to apprehend offenders. Perhaps the definition of person should be changed so that law enforcement officials are not included everywhere the term 'person' is used. Otherwise applicable clauses should be changed to allow law enforcement officials the authority to apprehend offenders and trespassers. 2) 802.01 subd. 4: The council may want to consider adding a statement making it necessary for organized events to get prior authorization from the city. 3) Subd. 9: Grooming machine should probably be c4gnged to 'snowmobile grooming machine'. Sometime in the future the city may be interested in allowing grooming for skiing on the remainder of the trail. 4) 802.03 subd. 5: Should there be a speed limit for lakes and public waterways, or is that covered by state statute? 5) Subd. 7: When stating that snowmobiles need a rigid tow bar when towing, perhaps 'snowmobile trail' should be added to the areas where the tow bar is needed. 6) Subd. 10: Should the trail /public property be included in the areas where a snowmobile safety certificate is needed for snowmobilers under driving age? Or is that already covered by state statute? 7) 802.04 subd. 6: Triangular pennants may be more attractive to the snowmobilers. Perhaps we should add the line from the Brooklyn Park ordinance; "It may be triangular in shape with two sides being at least 8" long and the third side at least 10" long ". 8) There needs to be some way of monitoring compliance. Complaints to the Snow Patrol will not do since only 1 out of 10 to 1 out of 50 violations are reported (there is no way to come up with an exact relationship). The City may want to set up a system where the police monitor the trail one weekend day every two weeks and record the • number of speeders, ordinance violators and the number of snowmobiles that pass by in a given time. i SOUTHWEST TRAIL Southwest Trail Association P.O. Box 34 Navarre, Minnesota 55392 August 14, 1991 City Council & Park Commission City of Shorewood 5755 Country Club Road Shorewood, MN. 553 RE: Review of revisions for the Snowmobile Ordinance 08/27/91. Dear Mayor Brancel, City Council & Park Commission members: The Southwest Trail Association has reviewed the proposed additions to the Shorewood snowmobile ordinance. We ask that certain parts of this revision be clarified, amended or deleted. �. Under "Definitions" 802.01, Subd.12., changed to the MULTI - USE TRAIL CORRIDOR: The old railroad corridor which runs thru the City of Shorewood and owned by the Hennepin County Regional Railroad Authority. Reason: There are other user groups using this trail, such as cross - country skiers, horseback riders and snowmobilers. In the event that the National Recreational Trails Fund Act becomes law, the availability of this fund for the City of Shorewood would depend on trails designated for multi -use. 2. Under "Operation on Streets and Highways" 802.02, Subd.3,f., change from 50 yards to 50 feet. Reason: Fifty yards is an unreasonable distance and difficult to enforce. There are areas of the railroad corridor that are barely three hundred yards long between intersections. 802.02, Subd.7., add "or were Landowner Liability Waiver (Chapter 87) has been granted. 802.02, Subd.8, please clarify the use of ditch or embankment. Shorewood snowmobile ordinance revisions page 2 802.02, Subd.9, please clarify where the cross - country ski lane will come in contact with the snowmobile portion of the trail. Reason: If the ski lane is directly adjacent to the snowmobile trail,skiers will most likely cross over to the groomed portion of the trail and create a narrowing distance for snowmobiles to pass. 3. Under "Operation Generally" 802.03, Subd.8, please clarify how this would effect a snowmobile traveling at ten mile per hour on the westerly adjacent street to the skating rinks at Cathcart Park. Also add the word "public" before sliding area or skating rink. 802.03, Subd.11, reinstate the existing ordinance; "except for the purpose of transportation to the residence of the operator." 802.03, Subd.12, please delete, this is redundant. Refer to 802.08. 4. Under "Equipment" 802.04, Subd.l, please define "covered" 802.04, Subd.6, please define the purpose of the pennant, how it will effect the safety of the trail, does it involve Shorewood residents only, were available and cost, what other user groups will be required to wear the blaze orange pennants. 5. Under "Littering and Obstructions" 802.09, Subd.3, please clarify what locations are referenced. Thank you for your consideration on our recommendation for the snowmobile ordinance. Sincerely, 4 DougSnson, President Southwest Trail Association �rr 'n Mike Ellis, President Shorewood Snowmobile Club cc: Bill Kullberg, Minnesota Dennis Asmunsen, Director Larry Shepherd, Governor United Snowmobilers Association of Trails & Waterways, D.N.R. Snowmobile Trails Task Force 802.01 CHAPTER 802 SNOWMOBILES 802..01 Changes made at the meeting of Tuesday, August 27, 1991 will be shown in this type. SECTION: 802.01: Definitions 802.02: Operation on Streets and Highways 802.03: Operation Generally 802.04: Equipment 802.05: Application of Other Laws 802.06: Persons Under Certain Age 802.07: Leaving Snowmobile Unattended 802.08: Chasing Animals Forbidden 802.09: Littering and Obstructions 802.10: Violations 802.01: DEFINITIONS: Subd. 1. BOULEVARD: That portion of the street right -of -way between the curb line and the street boundary line in platted areas. Subd. 2. OPERATE: To ride in or on and control the operation of a snowmobile. Subd. 3. OPERATOR: Every person who operates or is in actual physical control of a snowmobile. Subd. 4. ORGANIZED EVENT: An event sponsored and conducted by the Park and Recreation Commission, the Chamber of Commerce, Jaycees, American Legion or similar Council- recognized civic groups or associations. Subd. 5. OWNER: A person, other than a lienholder, having the property in or title to a snowmobile and entitled to the use or possession thereof. Subd. 7. RIGHT -OF -WAY: The entire strip of land traversed by a highway in which the public owns the fee or an easement for roadway purposes. Subd. 8. ROADWAY: That portion of a street or highway improved, designed or ordinarily used for vehicular travel, including the shoulder. Subd. 9. SAFETY or DEADMAN THROTTLE: A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. 802.01 802.02 Subd. 10. SNOWMOBILE: A self - propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners. Subd. 11. STREET or HIGHWAY: 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 purpose of vehicular traffic. Laberee moved, Dzurak seconded, to recommend to the Council that "a multiuse trail corridor" be incorporated into the ordinance (as shown above); and that the phrase "multiuse trail corridor" also be used in any other ordinance referring to the "Hiking and Biking Trail ". Motion carried - 5 ayes - 1 abstain (Christensen). 802.02: OPERATION ON STREETS AND HIGHWAYS: Subd. 1. No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any trunk, County -State aid, City or County highway in the City and, in the case of a divided trunk or County highway, on the right -of -way between the opposing lanes of traffic, except as provided in this Chapter, nor shall operation on any such highway be permitted, where the roadway directly abuts a public sidewalk or property used for private purposes. No person shall operate a snowmobile within the right -of -way of any trunk, County - State aid, City or County highway between the hours of one -half (1/2) hour after sunset to one -half (1/2) hour before sunrise, except on the right -hand side of such right -of -way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right -of -way of any interstate highway or freeway within the City. Subd. 2. No person shall operate a snowmobile upon the roadway of any street or highway except for the purpose of direct travel from the person's home to the closest snowmobile area by the shortest possible route and then only if travel on the adjacent street or highway right -of -way is restricted because of developed yards or physical barriers. Subd. 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 ninety degrees (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 travelled way of the highway. c. The operator of the snowmobile must yield the right -of -way to all oncoming traffic. d. In crossing a divided street or highway, the crossing is made at an intersection of such street or highway with another public street or highway. Lindstrom moved, Laberee seconded, to recommend to Council that 802.02, Subd. 317, be omitted. Motion carried - 5 ayes - 1 abstain (Christensen). Subd. 4. No snowmobile shall be operated on a street or highway within the City at a speed exceeding ten (10) miles per hour Have the City Attorney check with the Commissioner of Natural Resources to see if the Commissioner has to set the speed limits on the Corridor. Subd. 5. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right -of- way to any vehicles or pedestrians. Laberee made a motion to add "or where landowner liability waiver is granted pursuant to MN statutes Chapter 87, and where a copy of such waiver is filed with the City of Shorewood. Laberee withdrew his motion. Lindstrom moved, Laberee seconded, to recommend to Council that they omit 802.02, Subd. 7 from the ordinance. Motion carried - 5 ayes - 1 abstain (Christensen). ......... ::..:.:......:.:..:...:...:<.:: ::::::::::..::: .... 1 <:;. .: r ; :. except o ne purpose ........ p p p :::.::................:::.:::::::::::.::.:::.:::::.:::::.::.:.::.>::.:.::::::::::.::..::.:.::........:. ::.:.:::::::::::::::::::.:::::: entering or leaving the trail, or for the purpose of turning around. Dzurak moved, Andrus seconded, to recommend to the Council that they add "except for the purpose of entering or leaving the trail, or for the is purpose of turning around" to the ordinance. Motion carried - 5 ayes - 1 abstain (Christensen). Laberee moved, Andrus seconded, to recommend to the Council that they omit 802.02, Subd.9. Motion carried - 4 ayes - 1 nay ( Dzurak) - 1 abstain (Christensen). Lindstrom moved, Dzurak seconded, to add "uniformed" to 802.02, Subd. 10. Motion carried - 5 ayes - 1 abstain - (Christensen). 802.03 OPERATION GENERALLY: Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the City: Subd. 1. On a public sidewalk or walkway provided or used for pedestrian travel, or on boulevards within any public right -of -way. Subd. 2. On private property of another without lawful authority or express consent of the owner or lessee. Subd. 3. On any other publicly -owned lands and frozen water, including but t limited to park property, public or private school grounds, playgrounds, recreation areas and golf courses, except areas previously listed or authorized for such use by the proper public authority. In such areas, such use shall be lawful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the City owned by the City shall be designated by Council resolution. Notwithstanding anything in this Section contained to the contrary, snowmobile operation shall be permitted on all public bodies of water within the City, provided that said operation shall comply in all respects with provisions of this Chapter and all other City ordinances. Subd. 4. At any place while under the influence of intoxicating liquor or narcotics or habit forming drugs. Subd. 5. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Racing is prohibited except as may be specifically authorized as part of an organized event, which authorization shall be by permit issued by the City Council. maximum speed limits shall be set from time to time by Council resolution. Subd. 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. 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 rear of the snowmobile. Laberee moved, Lindstrom seconded, to recommend to Council that 802.03, Subd- 8 be omitted from the ordinance. Motion carried - 4 ayes - 2 abstain (Christensen and Andrus). Subd. 9. When the noise level of the snowmobile exceeds seventy eight (78) decibels on the A Scale at fifty feet (50 Subd. 10.Within the right -of -way of any public street or highway within the City, unless the operator shall have a valid motor vehicle driver's license issued by the State of Minnesota or a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, or unless accompanied by a licensed driver who is actually occupying a seat in the vehicle. purposes residence Lindstrom moved, Laberee seconded, to recommend to Council that they put 802.03, Subd. 11 back in its original form (see addition above). Motion carried - 4 ayes - 1 nay (Andrus) - 1 abstain - (Christensen). Andrus moved, Vogel seconded, to recommend to the Council that 803.03, Subd- 12 be ommitted from the ordinance. Motion carried - 5 ayes - 1 abstain - (Christensen). (See 802.08) which covers the above) Vogel moved, Andrus seconded, to recommend to Council that they accept 802.03, Subd. 13 as written in this draft ordinance. Motion carried - 5 ayes - 1 abstain (Christensen). :::::::;: :::.:: ...:....:..............:: 802.04: EQUIPMENT: It is unlawful for any person to operate ` ,.......... v .....• v ::: ..:...:::::..........: ...: ..:.: �:...... v::. ..... ;..••v.vY:. ..: ...:i. ... ::.............. . v:;: ..: ...:::: ....... <c a snowmobile any 1 :. .......... : place within the limits of the City .. unless ..... if" is equipped with the following: Vogel moved, Andrus seconded, to recommend to Council that they accept the above definition of EQUIPMENT. Motion carried - 5 ayes - 1 abstain (Christensen). Subd. 1. Standard mufflers which are 3' are properly attached and in constant operation and whicfiY;9 ce - 56 noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with 6MCAR section 1.0057 E.5, which certifies that a new snowmobile complies with the noise limitation requirements of this rule. A manufacturer shall make such a certification based on measurements made in accordance with the SAE Recommended Practice J192(a) as set 802.04 802.07 0 forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of Automotive Engineers September, 1970, and revised November, 1973. Laberee moved, Andrus seconded, to recommend to the Council that "covered and" be omitted from this ordinance. Motion carried - 5 ayes - 1 abstain (Christensen). Subd. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. Subd. 3. A "safety or deadman" throttle in operating condition. Subd. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred feet (100 ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring .......................... rays are not projected into the eyes of an oncoming is operator. It shall also be equipped with at least one red taT'* ... Tamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500 to the rear during the hours of darkness under normal atmospheric conditions. The equipment shall 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. Subd. 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 802.05: APPLICATION OF OTHER LAWS: City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, and Minnesota Statutes sections 84.81 to 84.88 and Minnesota Statues chapter 169, as amended, and except for those provisions relating to required equipment, are hereby adopted by reference. 802.0 PERSONS UNDER CERTAIN AGE: Subd. 1. It is unlawful for any person under fourteen (14) years of age to operate on streets, highways, public lands or frozen water or make a direct crossing of a street or highway as the operator of a snowmobile unless accompanied by a parent or guardian. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets, highways, public lands or frozen waters as permitted under this Section and make a direct crossing of a street or highway only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources. Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to permit the snowmobile to be operated contrary to the provisions of this Section. 802.07: LEAVING SNOWMOBILE UNATTENDED: Every person leaving a snowmobile in a public place shall lock the ignition, remove the key, and take the same with him. 802.08 802.10 802.08 CHASING ANIMALS FORBIDDEN: It is unlawful to intentionally drive, chase, run over, or kill any animal, wild or domestic, with a snowmobile. 802.09 LITTERING AND OBSTRUCTIONS: Subd. 1. No person shall deposit paper, litter, rubbish or debris on public or private property, or throw paper, litter, rubbish or debris from snowmobiles. Subd. 2. No person shall place obstructions, including ice blocks, on publicly -owned lands or frozen waters so as to interfere with the lawful use thereof by the public. Laberee moved, Andrus seconded, to recommend to Council that 802,09, Subd. 3 be accepted as revised. Motion carried - 5 ayes 1- 1 abstain (Christensen). ��CC�PT 802.01� 802.. 01 !) Sabi) I L CHAPTER 802 SNOWMOBILES This is how the new draft for the Snowmobile ordinance will read with two exceptions, one is the changes necessary from police chief regarding 802.01, Subd. 6, definition of a person, and the correct state statutes numbers in 802.04, Subd. 1. The part outlined in gray was changed earlier so I left it that way so you can see exactly what has been changed. SECTION: 802.01: 802.02: 802.03: 802.04: 802.05: 802.06: 802.07: 802.08: IS 802.09: 802.10: Definitions Operation on Streets and Highways Operation Generally Equipment Application of Other Laws Persons Under Certain Age Leaving Snowmobile Unattended Chasing Animals Forbidden Littering and Obstructions Violations 802.01: DEFINITIONS: Subd. 1. BOULEVARD: That portion of the street right -of -way between the curb line and the street boundary line in platted areas. Subd. 2. OPERATE: To ride in or on and control the operation of a snowmobile. Subd. 3. OPERATOR: Every person who operates or is in actual physical control of a snowmobile. Subd. 4. ORGANIZED EVENT: An event sponsored and conducted by the Park and Recreation Commission, the Chamber of Commerce, Jaycees, American Legion or similar Council- recognized civic groups or associations. Subd. 5. OWNER: A person, other than a lienholder, having the property in or title to a snowmobile and entitled to the use or possession thereof. Subd. 7. RIGHT -OF -WAY: The entire strip of land traversed by a highway in which the public owns the fee or an easement for roadway purposes. Subd. 8. ROADWAY: That portion of a street or highway improved, designed or ordinarily used for vehicular travel, including the shoulder. is Subd. 9. SAFETY or DEADMAN THROTTLE: A device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. 802.01 802.02 Subd. 10. SNOWMOBILE: A self - propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis, or runners. Subd. 11. STREET or HIGHWAY: 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 purpose of vehicular traffic. 802.02: OPERATION ON STREETS AND HIGHWAYS: Subd. 1. No person shall operate a snowmobile upon the roadway, shoulder or inside bank or slope of any trunk, County -State aid, City or County highway in the City and, in the case of a divided trunk or County highway, on the right -of -way between the opposing lanes of traffic, except as provided in this Chapter, nor shall operation on any such highway be permitted, where the roadway directly abuts a public sidewalk or property used for private purposes. No person shall operate a snowmobile within the right -of -way of any trunk, County - State aid, City or County highway between the hours of one -half (1/2) hour after sunset to one -half (1/2) hour before sunrise, except on the right -hand side of such right -of -way and in the same direction as the highway traffic on the nearest lane of the roadway adjacent thereto. No snowmobile shall be operated at any time within the right -of -way of any interstate highway or freeway within the City. Subd. 2. No person shall operate a snowmobile upon the roadway of any street or highway except for the purpose of direct travel from the person's home to the closest snowmobile area by the shortest possible route and then only if travel on the adjacent street or highway right -of -way is restricted because of developed yards or physical barriers. Subd. 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 ninety degrees (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 travelled way of the highway. c. The operator of the snowmobile must yield the right -of -way to all oncoming traffic. d. In crossing a divided street or highway, the crossing is made at an intersection of such street or highway with another public street or highway. is e. If the crossing is made between the hours of one -half (1/2) hour after sunset to one -half (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are illuminated. Subd. 4. No snowmobile shall be operated on a street or highway within the City at a speed exceeding ten (10) miles per hour air�r sn_t in Subd. 5. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right -of- way to any vehicles or pedestrians. Subd. 6. Notwithstanding any prohibition in this Chapter, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when snow upon such thoroughfare renders travel by automobile impractical. ..... ng '1'ra� l fl. e?batnkrn� : .. : except fo t purpose .... : .. entering or leaving the trail, or for the purpose of turning around. 802.03 OPERATION GENERALLY: Except as otherwise specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the City: Subd. 1. On a public sidewalk or walkway provided or used for pedestrian travel, or on boulevards within any public right -of -way. Subd. 2. On private property of another without lawful authority or express consent of the owner or lessee. Subd. 3. 9 Subd. On any other publicly -owned lands and frozen water, including but limited to park property, public or private school grounds, playgrounds, recreation areas and golf courses, except areas previously listed or authorized for such use by the proper public authority. In such areas, such use shall be lawful and snowmobiles may be driven in and out of such areas by the shortest route. Authorized areas in the City owned by the City shall be designated by Council resolution. Notwithstanding anything in this Section contained to the contrary, snowmobile operation shall be permitted on all public bodies of water within the City, provided that said operation shall comply in all respects with provisions of this Chapter and all other City ordinances. 4. At any place while under the influence of intoxicating liquor or narcotics or habit forming drugs. Subd. 5. At a rate of speed greater than reasonable or proper under all the surrounding circumstances. Racing is prohibited except as may be specifically authorized as part of an organized event, which authorization shall be by permit issued by the City Council. maximum speed limits shall be set from time to time by Council resolution. Subd. 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. 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 rear of the snowmobile. Subd. 8. When the noise level of the snowmobile exceeds seventy eight (78) decibels on the A Scale at fifty feet (50 Subd. 9. Within the right -of -way of any public street or highway within the City, unless the operator shall have a valid motor vehicle driver's license issued by the State of Minnesota or a valid snowmobile safety certificate issued by the Commissioner of Natural Resources, or unless accompanied by a licensed driver who is actually occupying a seat in the vehicle. purposes e ope e 802.04: EQUIPMENT: It is unlawful for any person to operate I' ... it �::: :e .:.:.: a snowmobile an place within the limits of the City unless it is equipped with the following: Subd. 1. Standard mufflers which are properly attached and in constant operation and which reduce the noise of operation of the motor to the minimum necessary for operation. Mufflers shall comply with 6MCAR section 1.0057 E.5, which certifies that a new snowmobile complies with the noise limitation requirements of this rule. A manufacturer shall make such a certification based on measurements made in accordance with the SAE Recommended Practice J192(a) as set forth in the Report of the Vehicle Sound Level Committee, as approved by the Society of Automotive Engineers September, 1970, and revised November, 1973. Subd. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile under any conditions of operation. Subd. 3. A "safety or deadman" throttle in operating condition. Subd. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one Is hundred feet (100 ahead during the hours of darkness under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncomin 7 y g operator. . It shall also be equipped with at least one red tail Y p having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500 to the rear during the hours of darkness under normal atmospheric conditions. The equipment shall 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. Subd. 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 ninety degree (90 angle. 802.05: APPLICATION OF OTHER LAWS: City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, and Minnesota Statutes sections 84.81 to 84.88 and Minnesota Statues chapter 169, as amended, and except for those provisions relating to required equipment, are hereby adopted by reference. 802.06 PERSONS UNDER CERTAIN AGE: Subd. 1. It is unlawful for any person under fourteen (14) years of age to operate on streets, highways, public lands or frozen water or make a direct crossing of a street or highway as the operator of a snowmobile unless accompanied by a parent or guardian. A person fourteen (14) years of age or older, but less than eighteen (18) years of age, may operate a snowmobile on streets, highways, public lands or frozen waters as permitted under this Section and make a direct crossing of a street or highway only if he has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources. Subd. 2. It is unlawful for the owner of a snowmobile to permit the snowmobile to permit the snowmobile to be operated contrary to the provisions of this Section. 802.07: LEAVING SNOWMOBILE UNATTENDED: Every person leaving a snowmobile in a public place shall lock the ignition, remove the key, and take the same with him. 802.08 CHASING ANIMALS FORBIDDEN: It is unlawful to intentionally drive, chase, run over, or kill any animal, wild or domestic, with a snowmobile. 802.09 LITTERING AND OBSTRUCTIONS: Subd. 1. No person shall deposit paper, litter, rubbish or debris on public or private property, or throw paper, litter, rubbish or debris from snowmobiles. Subd. 2. No person shall place obstructions, including ice blocks, on publicly -owned lands or frozen waters so as to interfere with the lawful use thereof by the public.