093096 CC WS AgP
=0.
Work Session Meeting Notice
Members of the Shorewood City Council will meet in Work
Session Format on the following date:
Monday, September 30, 1996
Beginning at 7 :30 p.m.
in the City Hall Council Chambers at
5755 Country Club Road, Shorewood, Minnesota
The. purpose of the meeting is to discuss the proposed snowmobile
ordinance and a side trail public input plan.
.
No action will be taken at this meeting. The public is encouraged to
attend.
James C. Hurm,
Ci ty Administrator IClerk
......
" ~,
To:
Mayor and City Council
James C. Hurm, City Administrator
From:
Date:
September 27, 1996
Re:
Draft Snowmobile Ordinance
Attached find the second draft of the revised snowmobile ordinance which has been
"cleaned up" and recommended changes included.
The list of recommended ordinance changes from Pages 25 and 26 of the report has been
incorporated except for #10 (the City should consider a separate ordinance for other winter
uses of the LRT), and #14 (add a new ordinance for pedestrian safety).
There are several policy areas which the Council may want to consider in reviewing the
ordinance:
#1 802.02, Subd. 5 - requirements when snowmobiles and pedestrians
meet.
#2 802.02, Subd. 9 - old ordinance allows turnaround in trail right-of-way
#3 802.03, old Subd. 3 - should other jurisdictions such as the school be
able to allow snowmobiles?
#4802.06, Subd. 1 - Attorney should make consistent with State Statute or
determine if we can be more restrictive than Statute.
#5 802.10 - access to Lake Minnetonka
SECTION:
802.01 ;
802.02:
802.03:
802.04:
802.05:
802.06
802.07
802.08
802.09
802.10
802.11
802.01 :
Subd. 1.
Subd. 2.
Subd. 3.
Subd. 4.
Subd. ~.
Subd. n.
Subd. 1.
~ < , -
CHAPTER. 802
SNOWMOBILES
Definitions
Operation GeneraHyou Sems BREi Higllways
Manner of Operation-Oenemlly
Equipment
Application of Other La.ws
Persons Under Certain Age
Leaving Snowmobile Unattended
Chasing Animal!!: Forbidden
Littering and Obstructions
Entrance to Lake Minnetonka
Violations
DEFlNITIONS
BOULEVARD: That portion of. street right-of-way not occl.lpied hy
pavementeetweea the eur& se aad the street oo1:lftdS:fy 1iae in platted areas.
LRT RJGHT-OF-WA y. That portion of the Henne<pm COlmty Regional Rail
Authority ri8ht-of-wav within the City of Shorewood commencing DD the east at the
City ofRxcelsior cownrate boundary' and extendinS west to the City' of Victoria
co1J)Orate bO'l1ndary.
LRT TRAIL: That portion of the LRT Ri&fu-of- Way. ap,proximately twelve feet in
width maintaiued for the use of the puhlic for non-vehicular puwoses (see Hiking
and Biking Trail).
OPERATE: To ride in or on and control the operation of a snowmobile.
OPERATOR: Every person who operates or is in actual physical control of a
snowmobile.
ORGANIZED EVENT: An event sponsored and conducted by the Park an4
R.eerea;Elea Commission, the Chamber of Commerce. Jaycees, American Legion or
similar Council-recognized civic groups or associations.
OWNER: A perSOn, other than a lienholder, having the property in or title to a
snowmobile and entitled to the use or possession thereof.
(; d 9St6l LD99S 'ON/t l : S l 18/9 l : S l 96 ,L~ '60 (nW
Alva NVJlddOH NI~dVl WOjj
Subd. .8.. PERSON: Includes an individual, partnership, corporation, and any body of persons,
whether incorporated or not, the State of Minnesota and its agencies and political
subdivisions, except this definition does not include police officers or duly authorized
and uninformed snow patrol personnel in the perfor.mance of their duties.
Subd. 9. PLOW RIDGE: The bank of snow T~maining at the side of the mad after the plow
has passed.
Subd.1Q. RIGHT-OF-WAY: Arty prqperty established for the u.ll;e ofthe p1J.bJic for street 01'
highway pUl;pO&es by any Federal. state.. CQun"ly or local government. by dedication..,
Sift. or !rtatutmy use... whether develQped or undeveloped. paved OT unpaved. +Be
efltife seifJ efl_ ~eB by il highv/ay ifl whicl1 the JK1blie.Q'WBS iBe fee ef' a:a
eaeemeHt for roadvJaY pmpese5.
Sooo. g. PD.IDW.".Y: Th.at pGrtiOB ef a street er high.'.T"a.y impr~oo. ElesigBeQ, Sf arEl:i:aarily
wed fer -r.relHe1:Hsr B=a":el, semding the shoulder.
Subd.ll. SAFETY or DEADMAN TIIR01TLE: A device which. when pressure is removed
from the engine accelerator or throttle, causes the motor to be disengaged from the
driving track.
Subd. 12. SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice or
natural terrain steered by skis or runners.
Subd. 13,. STREET Or InGHWAY: The entire width between boundary lines afany way or
place when any part thereof is open to the use of the public, as a matter of right, for
the purpose of ~ehicuJar traffic.
Subd. H.. HIKING AND BIKING TRAlL: The old railroad corridor. a multiuse trail corridor,
aJRQ.1cnown 89 the LRT Trail which rons NE-SW through Shorewood and other
western suburbs, and is owned by :tllltHennepin County Railroad Authority. ~
traveled portion of the trail i5-~oximate]y 12 feet wide. The a~~..-iB
aww:tamately lOo-ft. -.vide. -
802.02: OPERATION G"ENERALL YON STREETS ~..ND mCHWe-\yg:
Subd. 1. WHF.RE OPERATION PERMITTED: A person may q,pemte a snowmobile within
l"l:i CQ1J1PW lilDit:J of~b~ Cjty of Shorewood in only the fOllowiIlS locations:
a. The LRT Trail.
h. Puhlic waters as pennitted by resolution of the Shorewood Ci1;y Council. but not
closer than one hundred fifty feet (150') to the shoreline exccwt when entering or
exiting tlJe public w~ers tra~e1ing in a line perpendicular to the shoreline.
c. On private property with the ex,press permission ofthe property owner.
2.
S d 9S\76lL09gS 'ON/v! : S l 18/9!: S! 96 ,LG '60 (IHd)
A1va NVWddOH NI~HV1 WOHd
d. On Right-of-Way subject to the limitation,; set fortb in this ~cti(')n. A person
Qperating a snowmobile in any part of the City of Sborewood except a..; pt'ovided
herem shall be guilty of a misdemeanor. ).18 ~ae. shall Opel'ilte a SBGl\:VMe.eile 1:11*'11
tfie..maavv.ay, w'l:llaer ar iB5iee aank eT slape of ae; tcliek, Celi!:Biy State aid, City e1'
Col:lBty higlF.va.y m tOO Cit?" aM, is. tile ease ef divided 1:nmk or Celm.ty sgl:1way, en
the:rigJtt sf ....:ay eet?\iYee.n. the oppesing laBeS af~, ~eept as pro"Jiaea iB tl!is
C5:ptef', :ear shall eflaratieB. a&-8BY !ft1eh higk\wy be pemiitte8, ....'here the road";,~y
direetly B19tfis &-puhlie sidewalk $1' ptepe.riy-'aBe8 far pli...'&te p1BJ>OseB. }Ie Jlsmen
sBaU ~ a ~~le '.vftBiB tile right af '"\faY af any ~ Comrty State aid,
City af CSH!Sty mg}lYt'flY, at times ether than tlleee Bmes amhe~d in ~ CBapwx,
eK~0B the right haRd stse af 8tiek right of WilY aBd in tae sam&-dHeoooo as the
highway 1ifafiie ea &e nearest lane Clfthe 1S8Eb1BY aEijooeBt therete. }ole M&".'.'mebile
skaR be e:pe.rilteci at any &8 ')':it:BiB. the righi-of 'WaY efey ifl:ter5t.a.te hisk'1.~ay ef'
free'.vay ....~ the City. (OM. 296, 1 23 931
Subd. za. 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
destination where snowmobilinge is permitted te&-by the shortest possible route and
then only if tra1Jel on the adjacent street or highway right-of-way is restricted because
of de-ve] oped yards or physical barriers.
Subd. 3~ Persons may QperatS' a ~nowmobi1e Ms.:' aTiye on the street slde ofthe plow ridge
a.nd avoilj obstacles b)' going intQ the street., not onto the boulevard. While traveling
on meets. snDwmobiles shall drive in the direction oftTaffic.
Subd. :1. A snowmobile may make a direct crossing of a street or highway eJE&ef)tEl:B interstate
highway at fI:ee7::a.y, 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 .DO obstruction prevents a quick
and safe crossing.
b. The snowmobile is brought ~to a complete stop before crossing the shoulder or
main traveledmwciled 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.
e. The crossing is made during the times authorized in this Chapter. and both front
and rear lights are illuminated. (0f8. 2%, 1 23 95)
Subd. S,- No snowmobile shall be operated OR a street er lHg-ltway within the City at a speed
exceeding ten (10) miles per hour, nor on the T ,RT IYI4ag a:ad BiJaHg Trail at a speed
3.
17 d 98176 r L09g8 'ON/v r : 8 [ 18/9 r : 8! 96 ,L~ '60 (lEi)
Alva NVWd~OE N~xEVl WOj3
exceeding twenty (20) miles per hour. unless the snowmobiledri"'f~r is within tbirt;y
feet of a pedestrian ped-istrian at which time they Operator would be required to !;low
down to ten (10) miles per hQur_ and the pedestrian ~iet:ria:A. would be required to
move to the risht and allow the snowmpbile to pa'is.
Subd. .6. No mowmobile 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 7. When enterin,e the f.RT TT'BiJ the driver must come to a complete sto,p before
proceeding.
Subd. .s. 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.
Subd. 2. No person shall operate a SDOWttlobile on the shoulder of the LRIIIildng and Bikmg
Trail or in the ditch or embankment. except for the purpose of entering or leaving the
trail, or for the pmpose of turning around.
8ubd 10. }fo p8l'S8B. BBal-1 ~eratB a SA~aBiI0 el:e. the desipatee. LRT side trilil 0r in 8ftY paTIE
tFait-vlmaB i:o ~fiuaUy des:i~ea fer elh6F :l~S.
Subd..lfi. An operator shall bring 1hdiie snowmobile to a stop and switch off the engine when
flagged by a police officer or duly authorized uni formed snow patrol member.
Subd. 11. When user!; meet on the LRT Trail each shall proceed as far to the niht oftbe T ,RT
Trail as pos~hle to provide saf, passaie.
802.03: MANNER OF OPERATION C~R..\LL Y: Except as otherwise specifically
permitted and authorized, it is unlawful for any person to operate a snowmobile
within 1he limits of the City in the following maImer:
S~EI. 1. DB a. publi& Bi~ or w~. JH=8l'liEled Ell aBee. fer pedestrialt ~1, or eB
belll~ '.v.ithm BY jRrlWi& ligfl.t of \Yay.
Saba. 2. Os. flW.'S pro~ af &Bather \"JitkeBt lawful authel'iiy ef EBipfeS5 G&SSeBt of the
avmer Sf lessee.
8ubd..3. OR allY other pus14s1y BWBeEllaads _ B=eZiefl water, i:B.eludiBg but !let limited to
park ~eftj., publie or pWJate aehoel ~, :rHaY~o~ reereatioB EHeaB and
g.olf oovrses, slleept areas ~9'H5ly-listes af Bl;lthorizBa fer stieh we By i&e pr-optl!'
paWie 8litherity. In sueR 8fefJ:5, sueh use saaR &e lawfW t1~A Bl!B";mabiles m:ay ee
driveB in aM alii ef sueh areas by t:l1e shortoot route. ."...lathori:.i5ed a:Fesil:S Hi the City
O'vse8 &j.. the City sWl Be Sesigaatea by CSHSeHresolutiOEl. Netwithstan6iBg
a:ytbjag 1:B. tms..-SeetieR eefttaiseQ te:the fiORttaIY, 8ft8l'f\XHobile Opefatiofl shall be
pennitteEi eft all publia bodies efwater \Vithin the City, pr-oviaea teat said opelmOB.
4.
9 d 9Sv6l L09gS 'ON!v l : Sf 18/9 l : Sf 96,LG '6D (nW
Alva NVW~~OH NI~HV1 WOH3
. .
shall eemJ'ly Hi aU l'espe6ts with pr&visions of tms CMpter ad aU ether City
Sl'S!Basees.
Sl:1sd <1-; :\t R'f'IY Dlase witlHR 159 it. efthA FM1FlMline A" allY lake.
Subd. 1. At any place while under the influence of intoxicating liquor or narcotics or habit
farming drugs.
Subd. 2. At a rate of speed greater than reasonable or proper under all the SUII'ounding
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. 1. At any place in a careless, reckless, or negligent TT19nner so as to endanger the person
or property of another or to cause injury or da.mage thereto.
Subd. 1- So as to tow any persOIl cr thing 011 a public street or highway except through use of a
rigid tow bar attached to the rear of the snowmobile.
Subd- 2. When the noise level of the snowmobile exceeds seventy-eight (78) decibels on the A
Scale at :fifty feet (SO').
~ Wi=t.hiB tae ri~t sf 'Na.y af emy pul:JIie sWet et :highway withia ~ City, 1mless the
~er sha:ll ha."f.e a Y.YS meter ":ehiele driver's lieesBS issued by the Stat;e af
:Minnesota at a va:1:id Sfl{)wmobile safety e8filiielfie issaeEl by tJ!e CelflifBissioner af
1'k1uaJ. ~....eHfeeS, 6r tmless aesempasie~ '},y a lieeu.&eEi &nVef' who is aGNaIly
eeeB~g a seat Hi ihe ,-Miele.
Subd. Q. At anytime within the City between the hoUtS of eleven o'clock (11:00) P.M. and
seven o'clock (1:00) AM. on Friday and Sa.tllrdQ.Yr and between the hours often
o'clock (10:00.) P.M. and seven o'c1Qck 0"00) AM. on Slmdaythrough Thursday.
(Ord. 280, 10-11-93)
Subd.7. At any timeaat8 between the first ofApril and the thirtiet~fim: of November.
Subd. .8.. Abreast of another snowmobile on the LB.IHYef:eg eB Biking Trail except when
overtaking and passing another snowmobile. No 128ssina shall be an owed if a
pedestrian is within thirty feet (30') of the sno'Wmobile.
Subd.9. At ~ location .outside oithe LRT Trail within the LRT Right...of-W~Y1 unless the
Operator's driv.er><s prQpeTty abuts is ~1l0e1'M; to the LRT Rigbt...of- Way and travels
across the LRT Risht-or-Way in a pewendicular line to the LRT Trail
5.
9 d 9S76lLOggS 'O:iivr:S: 'lS/Ll:Sl 96,L~ '60 (liB)
~~vc N~RiiOH NIXHVl WOEd
7' ..
... ". . ...r
802.04: EQUIPMENT: It is unlawful for any person to operate or for the 0WIIer to cause
or knowingly permit the operation of a snowmobile any 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 fOJ operation.
Mufflers shall comply with Minnesota Ru1es part 6100.5700, subp. 5 which certifies
that a new snowmobile complies with the noise limitation requirements of this mle.
A manufacturer shall make such a certification based on measUIements made in
accordance with the SA.E Recommended Practice J192(a) as set forth in the Report of
the Vehicle Sound Level Committee, as appr01led by the Society of Automotive
Engineers, September] 970 and revised N~vember 1973.
Subd. 2. Brakes adequate to control the movemeIIt 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 clem lamp att.ached to the from. with sufficient intensity to reveal persons
and vehicles at a distauce of at least one hundred feet (100') ahead during the hours of
darkness under normal a1mospheric conditions. Such head lamp shall be so aimed
that glaring rays are not projected into the eyes of an oncoming vehicle operator. It
shall also be equipped with at least one red tail lamp baYing a ml n imum candle power
of sufficient intensity to exhibit a red light plaiDly 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 (112) 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 (900) 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 Statutes, 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,
6.
- ,., 9Sv6l LOggS 'ON/v [ : Sl 1S/L[: S! 96.L.G '60 (IBd)
Alva NVWddOH NI~dVl WOBd
'" '".-k
"".... .. .> ",..
may ope:ate a snowmobile on streets, highway, 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 be operated
contrary to the provisions of this Section.
802.07: LEAVING SNOWMOBILE UNAlTENDED: Every person leaving II
snowmobile in a public place shall lock the ignition, remove the key, and take the
same with themselve~
802.08: CHASING ANIMALS FORBIDDEN: It is unlawful to intentionally drive.
chase, nm over, or kill any animal, wild or domestic, with a snowmobile.
802.09: LITIERlNG 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.
Subd. 3. All traffic control devices used for routing sno'WIIlobile traffic away from private and
public property shall be located on the same private or public property and shall be in
place no earlier than November 1 and shall be removed on or before April 15.
802.10: ENTRANCE TO IJAKF.. MTNNETONKA: The only public ~acce'!;R points
to Lake Minn~onka are Crescent Beach and Timber Lane.
802.11: VIOLATIONS: Any person violating the provisions of this Chapter is guilty of
a misdemeanor. (Ord. 245,10-28-91)
0240945.02
7.
8 d 9Sv6l J.09gS 'ON/V l : S l '1S/8 [ : S [ 96 ,Ld '60 (HW
Alva NVWddOH NI~BVl WOBi