Chapter 11. Vehicles, Traffic, Streets and Sidewalks Section 1100 - Load Limits

CHAPTER 11. VEHICLES, TRAFFIC, STREETS AND SIDEWALKS SECTION 1100 - LOAD LIMITS

1100.01 Load Limits. No person shall own, operate, use or drive a motor vehicle, or any machine or instrument that is pulled, pushed or driven by a motor vehicle, upon the roads, streets or alleys within the City having axle weights in excess of six tons per axle, except when the Spring Load Restrictions set by the Anoka County Highway Department are in effect, during which time axle weights in excess of three tons per axle are prohibited.

1100.02 Permit to Exceed Load Limits.

Subd. 1 Application. The City Administrator or his/her designee may, upon application, issue a permit for use of the roads, streets or alleys within the City by a vehicle or vehicles having axle weights in excess of those designated in 1100.01, after approval by the City Administrator or his/her designee of the axle weights of the vehicle or vehicles and the route to be traveled, and upon condition that the applicant assumes all responsibility for damage caused to any road, street or alley by such excess load and agrees to reimburse the City for all reasonable and necessary expenditures to repair and replace the road, street or alley to its former condition.

Subd. 2 Fee. The fee for the issuance of the permit shall be Seventy-Five Dollars ($75.00) per vehicle load.

SECTION 1105 - PARKING REGULATIONS TO FACILITATE SNOW REMOVAL

1105.01 Definition of Terms.

a. The term "vehicle" as used in this section shall mean any self-propelled motor vehicle.

b. The term "owner" shall include any person, firm, association or corporation owning, renting, or using a vehicle.

c. The term "street" shall mean any street, highway, avenue or other public way within the City, including the entire width of the right-of-way.

Chapter 11 1 d. The term "snow removal period" shall be a period of seventy-two (72) hours after a two (2) inch or more snowfall in the metropolitan area of Minneapolis and St. Paul, according to the United States Weather Bureau, or until the snowplowing, after a two (2) inch or more snowfall as determined above, of the streets in the City has been completed, whichever period of time is less.

1105.02 Winter Parking Restrictions.

a. From November lst to April 1st no owner shall park or permit to be parked a vehicle on any street between the hours of 2:00 a.m. and 6:00 a.m. without an emergency parking permit issued by the Centennial Lakes Police Department.

b. In addition, no owner shall park or permit any vehicle to stand upon any street in the city during a snow removal period; provided, however, that subject to paragraph A of this Subsection, parking of vehicles may be resumed on individual streets as soon as all snowplowing on that street has been completed.

1105.03 Towing of Vehicles.

Subd. 1 Consent to Remove. For the purposes of this Section, any owner who operates, or allows another to operate, a vehicle on the streets in the City shall be deemed to have consented to the removal of said vehicle according to the terms of this Section, and such consent shall extend to the storage of the vehicle without liability to the City or its agents for damage to the vehicle or its contents while being removed or stored.

Subd. 2 Towing Without Notice. Any vehicle parked in violation of this Section may be towed, without notice to the owner, by any person designated or employed by the City, and stored in the municipal storage lot designated by the Council. The vehicle so towed under the provisions of this Section may be redeemed by the duly identified owner upon payment of all costs of towing and storing the vehicle to the City Clerk at the City Hall between the hours of 8:00 o’clock A.M. and 4:30 o’clock P.M. Monday through Friday.

Subd. 3 Tow Sheet. Every person designated by the Council to tow vehicles illegally parked under this Section shall complete a tow sheet which shall show the time and date of towing, the make, license number and general condition of the vehicle parked in violation of this Section. All tow sheets shall be consecutively numbered and the original and one copy of same shall be delivered to the

Chapter 11 2 Police Department which shall in turn remit the copy to the City Clerk.

Subd. 4 Release. At the time that the owner of the vehicle pays all costs of towing and storing, the City Clerk shall obtain a release from the owner in writing, which shall state the date of such release, the charges and the purposes for which such charges were made. The release shall be made on one original and two copies all of which shall be signed by the party to whom the vehicle is to be released. One copy of the release shall be given to the owner of the vehicle, one copy shall be retained by the City Clerk and one copy shall be delivered to the City financial officer. After payment of all expenses and execution of the Foregoing releases the vehicle shall be released from the municipal storage lot.

Subd. 5 Notification. The Police Department will endeavor to notify by telephone or letter, record owners of vehicles towed under the provisions of this Section not claimed within fifteen (15) days after towing of said vehicle.

Subd. 6 Tagged Vehicles. Where a police officer has tagged the vehicle to be removed for illegal parking under the provisions of this Section, and where the owner or operator of the vehicle appears before the tagged vehicle has been hooked to the tow truck and the wheels hoisted from the ground, the tow truck operator shall release the said vehicle without the payment of any fee or towing charge. Where the tow truck operator has such vehicle on the hoist and the wheels raised from the ground before the owner or operator appears, the tow truck operator shall release the same upon the payment of a service fee not to exceed $5.00, or such other amount as may be agreed upon by contract with the City, and give a receipt for such payment.

1105.04 Sale of Vehicles. All charges or costs levied under this Section for towing and storage shall be a lien upon the vehicle in question. If all charges are not paid within forty- five (45) days following towing of said vehicle, the City may sell the property in the same manner as provided by Minn. Stat. SS 514.18 - 514.22, for the sale of personal property and possessions. All proceeds in excess of that necessary to cover the costs and claims for services performed shall be distributed in the manner as provided in the Statutes referred to above.

SECTION 1110 - REGULATING THE PARKING AND STORAGE OF MOTOR VEHICLES

Chapter 11 3 1110.01 Definitions. Unless the context indicates otherwise, the following terms have the meanings stated:

Subd. 1 Vehicle. Any device, or combination of devices in, upon, or by which any person or property is or may be drawn or transported upon any street or highway.

Subd. 2 Owner. Any person owning, renting, leasing or otherwise using a vehicle.

Subd. 3 Street. Any street, highway, avenue, alley or other public way, including the entire width between the boundaries, whether improved, or unimproved, when any part thereof is open to the use of the public for the purposes of vehicular operation.

Subd. 4 Truck-tractor. Every 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 the load so drawn.

Subd. 5 Trailer. A device without motor power and designed for carrying persons or property and for being drawn by another vehicle and so constructed that no part of its weight rests upon the towing vehicle.

Subd. 6 Semi-trailer. A device without motor power, for carrying persons or property, being drawn by another vehicle and constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

Subd. 7 Truck. Every vehicle designed, used or maintained primarily for the transportation of property.

Subd. 8 Recreational Vehicle. All campers, pick-up truck mounted campers, tent trailers, motor homes, boat trailers, snowmobile trailers and other similar vehicles or attachments to vehicles, either licensed or unlicensed, which are designed for or primarily used for recreational purposes or for the transportation of such vehicles or attachments to vehicles to an area for recreational purposes.

Subd. 9 Stationary vehicle. Any vehicle or other device covered by the provisions of this Section, which during a period of prohibited parking, shall have been moved a distance of less than one thousand (1,000) yards.

Chapter 11 4 Subd. 10 Boulevard. That portion of land lying between the street and the property line, and shall include all sidewalks, walkways, footpaths and pedestrian right of ways thereon.

Subd. 11 Park. Any area marked off, specifically designated or otherwise set apart or set aside by any authority, either public or private, for the purposes of recreation, establishing a natural sanctuary for wildlife or humans or both, providing respite from noise or pollution or both, and the preservation of land, buildings or resources in their natural or unadulterated state or any similar purposes.

Subd. 12 Junk Car. Any vehicle, either self-propelled or so designed as to be drawn by or pushed by another vehicle, which cannot be legally operated on the public streets as a result of being damaged, unregistered for the current year as required by state statute, inoperable due to mechanical malfunction, missing such parts as may be required by state statute for the lawful operation thereof or possessing such component parts and equipment as may be contrary to the requirements for such vehicles as set forth by state or local authorities. The term junk car shall also include any and all devices manufactured for, or primarily used upon, any vehicle capable of being operated upon a street, highway or roadway, such as tires, motors, axles, transmissions, differentials or other similar devices or equipment.

Subd. 13 Emergency Vehicle. All of the following:

(a) A vehicle either owned or used by a fire department while said vehicle is in operation in response to a request for such emergency assistance as is normally provided by a fire department.

(b) A vehicle either owned or used by a police department while said vehicle is in operation in response to a request for such assistance as is normally provided by a police department.

(c) An ambulance, either municipally or privately owned, while engaged in providing care or transportation to the sick or injured.

(d) A vehicle either owned or used by a physician while said physician is engaged in rendering emergency care to the sick or injured.

Chapter 11 5 (e) A vehicle either owned or used by a contracted or municipally owned utility service provider, while said utility vehicle is actively engaged in the restoration of such services as is normally provided by said utility provider.

Subd. 14 15,OOO GVW Vehicle shall mean any vehicle which has a gross vehicle weight of 15,000 pounds or more, except school buses and recreational vehicles.

Subd. 15 Impervious Surface. Any surface that prevents substantial infiltration of precipitation and prohibits growth of vegetation. Such surfaces include but not limited to, driveways, parking lots, patios, roofs, sidewalks, streets, swimming pools, and tennis courts. Impervious materials include asphalt; brick; concrete; crushed rock or stone; gravel; and stone. The City Administrator or his/her designee shall determine whether any proposed surface or material is pervious or impervious. The use of the material shall be considered when making a determination of the pervious or impervious nature of any material.

1110.02 Parking, Stopping, Storage and Standing Generally.

Subd. 1 Manner of Parking Where Curb. Every vehicle parked upon any street with a curb, shall be parked to the right hand side of the street, as determined by the direction of travel of said vehicle, and shall be parked with the wheels parallel to the curb, and with the right hand wheels within twelve (12) inches from the curb, provided that the Council may designate certain streets for angle parking. On streets with a curb, no parking shall be allowed on any boulevard.

Subd. 2 Manner of Parking Where No Curb. Every vehicle parked upon a street where no curb is present, shall be parked to the extreme right hand portion of the traveled portion of the roadway, as determined by the direction of travel of said vehicle, and shall be parked with the right hand wheels of said vehicle parallel to the edge of the street, be it improved or unimproved. Where no curb exists, a vehicle may be parked on that part of the boulevard immediately adjacent to the traveled portion of the roadway, provided however, that no vehicle shall be parked on any sidewalk, walkway, footpath or pedestrian walkway. A vehicle may be driven across a sidewalk, footpath, walkway or pedestrian right of way if said sidewalk, walkway or pedestrian right of way is located within the right and left hand limits of a driveway which is

Chapter 11 6 used by vehicular traffic in gaining access to either a business or a residence.

Subd. 3 Disabled Vehicles. Vehicles which are disabled due to either damage or malfunction, while on the public streets, must be pulled over to the extreme right hand portion of the roadway, and shall not be left unattended by the person parking such vehicle until all measures necessary to insure the free and safe flow of other traffic using the roadway, such as setting sufficient lighting to warn oncoming traffic of potential hazards, have been taken. In no event shall a disabled vehicle be left unattended on a street or other roadway for longer than twenty-four (24) hours unless in case of extreme emergency.

Subd. 4 Removal of Disabled Vehicles. Any police officer shall be empowered to remove any disabled vehicle left unattended for longer than twenty-four (24) hours or any such vehicle, which presents a hazard to other traffic, to a place of safekeeping. Any or all costs incurred from moving such vehicle shall be the responsibility of the owner of the vehicle.

Subd. 5 Parking and Storage of Vehicles and Equipment in Residential Zones. Vehicles must be parked on an approved impervious surface but not within two feet of a side or front property line. Parking vehicles on landscaped areas is prohibited.

1110.03 Parking Prohibited in Certain Places. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control devices, in any of the following places:

a. On a sidewalk.

b. In front of or within five (5) feet of a public or private driveway.

c. Within an intersection.

d. Within ten (10) feet of a fire hydrant.

e. On a crosswalk.

f. Within Twenty (20) feet of a crosswalk at an intersection.

Chapter 11 7 g. Within thirty (30) feet of any flashing beacon, stop sign or other traffic control device located at the side of a roadway.

h. Between a safety zone and the adjacent curb or within twenty (20) feet of points on the curb immediately opposite the ends of the safety zone, unless otherwise directed by signs or markings.

i. Within ten (10) feet of any mail box which is designated for the receipt of mail, either incoming or outgoing.

j. Within twenty (20) feet of the entrance to any fire station and on the side of the street opposite the entrance to any fire station, unless otherwise directed by signs or markings.

k. Alongside or opposite any street excavations or obstructions when such stopping, standing or parking obstructs traffic flow.

l. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

m. At any place where official signs prohibit parking.

n. In any fire lane, as designated by appropriate signs or markings.

o. In or on any park.

1110.04 Stopping or Parking Against Orders of officer. No person shall stop or park any vehicle on any street when ordered to proceed by an officer having authority to direct traffic.

1110.05 House Trailers and Recreational Vehicles. a. No person shall park, stop or allow to stand on any public street, any house trailer or recreational vehicle. Exceptions may be given for up to a week with a permit from the City.

b. No person shall use the house trailer or recreational vehicle with intent to use for habitation.

c. Any such vehicle parked or stored outdoors shall be owned or leased by the occupant of the premises where parked or stored.

Chapter 11 8 1110.06 Parking to Display for Sale. No vehicle shall be parked on any street or public land for the purpose of displaying it for sale.

1110.07 Time Limitations; Large Vehicle Parking.

Subd. 1 Time Limitations.

a. No vehicle shall be parked on any street in any one place for a longer continuous period than twenty-four (24) hours.

b. For the purpose of this subdivision, any vehicle moved a distance not more than two blocks during the twenty-four hour period specified in this subdivision shall be deemed to have remained stationary.

Subd. 2 Large Vehicle Parking.

a. It is unlawful to park a detached semi-trailer upon any street, City-owned parking lot, or other public property, except streets as specifically designated by the City Council by resolution and signposted.

b. It is unlawful to park a semi-trailer, or semi- trailer/truck-tractor combination, within any area zoned as a residential district, except for the purpose of loading or unloading the same.

c. It is unlawful to park a truck-tractor or a 15,000 GVW vehicle within any area zoned as a residential district except by owners who have obtained a permanent permit for which they applied prior to July 1, 1993, or pursuant to a temporary permit. An owner, who was eligible to apply for a permanent permit prior to July 1, 1993, may make application for a permanent permit prior to December 31, 2003. No further applications shall be accepted after this date.

1. Temporary permits for truck-tractor and 15,000 GVW vehicle parking in a residential district may be issued by the Police Chief or the City Administrator in situations where the applicant shows a specific need for a temporary, as opposed to a permanent, permit. Temporary permits shall not exceed 45 days and may be extended only one time for an additional 45 days. In addition, the total time during any calendar year for all temporary permits during that year shall exceed the total time set forth in the previous sentence

Chapter 11 9 for a single permit. There is no charge for a temporary permit.

2. Permanent permits for truck-tractor and 15,000 GVW vehicle parking in a residential district shall be governed by the following provisions:

a. The City is phasing out truck-tractor and 15,000 GVW vehicle parking in residential districts. Therefore, subject to Subd. 2 (c), no permanent permits shall be issued to an owner unless the owner has submitted an application to the City on or before July 1, 1993.

b. In reviewing applications for truck tractor parking permits, the Planning Commission and the Council may attach reasonable conditions to mitigate anticipated adverse impacts, to protect the value of other property, and to otherwise promote the health, safety and general welfare of the City and its citizens. In determining whether a permit should be issued, or whether to impose conditions on the permit, the Planning commission and the Council may consider relevant factors, including, but not limited to, the following: whether the truck-tractor or 15,000 GVW vehicle would generate excessive noise due to characteristics of the surrounding area; whether the presence of the truck-tractor or 15,000 GVW vehicle would have an adverse impact on residential character of the surrounding area; and whether alternatives other than residential parking are available to the applicant.

c. The Planning Commission shall hold a hearing within 60 days of the date of filing of the application and payment of the required fee, or at the next regularly scheduled meeting thereafter. The City shall publish in its official newspaper notice of such hearing at least 10 days prior to the date of the hearing. In addition, a similar notice shall be mailed at least 10 days before the day of hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the application relates. The applicant shall provide the names and addresses of all such owners. Following the hearing, the Planning Commission shall submit its recommendation to the council, which

Chapter 11 10 recommendation shall include all recommended conditions on the granting of the permit. The Council may hold whatever public hearings it deems advisable, or may return the application to the Planning Commission for further consideration. The Council may grant the application for the permit and may impose conditions additional to or different from those recommended by the Planning Commission. Applications for permits may be denied by resolution of the Council. The resolution denying the application shall state the reasons for denial, but may incorporate by reference the minutes and recommendations of the Planning Commission, staff reports, hearing testimony and other materials relevant to the Council’s decision. d. Unless revoked, a permanent permit shall be valid for one year.

e. The fee for an initial or renewal application for a permanent permit will be $100 per vehicle.

3. The following provisions shall apply to both temporary and permanent truck-tractor and 15,000 GVW vehicle parking permits: a. Application for the issuance of any permit shall be made in writing to the City on forms provided by the City. In addition to any other information, the application must set forth the reason why the permit is necessary.

b. Truck-tractors and 15,000 GVW vehicles for which a permit has been issued may not be parked on any street, but instead may be parked only in the driveway or parking area at the address for which the permit was issued.

c. Permits shall be displayed at all times on the inside left corner of the truck-tractors and 15,000 GVW’ vehicle’s windshield.

d. All other ordinances regulating parking or junk

Chapter 11 11 vehicles shall continue to apply to truck-tractors and 15,000 GVW vehicles for which permits have been issued.

e. Permits may be issued only to a currently licensed driver for a currently registered truck- tractor or 15,000 GVW vehicle. In addition, the permit holder must remain licensed and the truck- tractor or GVW vehicle must remain registered throughout the term of the permit.

f. Permits will be issued only to a resident for parking at that resident’s address. A resident may be issued only one permit. Permits are not transferable.

1110.08 Vehicle to be Locked. Every person parking a vehicle on a public street or in a public parking lot shall lock the ignition, and remove the key, and take the same with him/her.

1110.09 Parked Vehicles - Limitations Relating to Occupants.

Subd. 1 Children Under the Age of Ten (10) Years. No person shall park any vehicle on any public street or in any public parking lot: and leave said vehicle unattended, while said vehicle is occupied by any child under the age of ten (10) years, for a period not to exceed three (03) minutes, and in all such cases, the engine shall be shut off and the keys removed from the vehicle.

Subd. 2 Animals. No person shall park a vehicle on any public street or in any public parking lot, and leave said vehicle unattended, while said vehicle is occupied by an animal, unless such provisions as included herein have been taken to insure the well-well-being of said animal:

c. Windows must be left open no less than one (1) inch, nor more than three (3) inches to allow for ventilation of fresh air, and to prevent danger to the animals or fowl's well-being from toxic fumes.

(b) In no event shall a vehicle be parked and left unattended for a continuous period of longer than one (1) hour, while said vehicle is occupied by any animal or fowl.

Chapter 11 12 (c) Compliance with the provisions of this Section shall not relieve any owner, driver or other person having actual physical control over any parked vehicle, of any liability for injury sustained by another person, resulting from the actions of any animal left in an unattended parked vehicle.

1110.10 Marking of and Parking Within Spaces. Every vehicle parked in any area where there are lines or markings designating the spaces to be used by vehicles parking in such areas, shall park within the limits of such designations. It shall be unlawful to park any vehicle across any such marking or designation, or to park a vehicle in such a position that it shall not be entirely within the space designated by such lines or markings.

1110.11 Time Limit in Public Parking Lots. It shall be unlawful for any person to allow or permit any vehicle registered in his or her name, or operated or controlled by him or her, to be parked in any public parking lot for a continuous period longer than twelve (12) hours.

1110.12 Junked Cars Prohibited.

Subd. 1 Keeping and Parking of Junked Cars. No person operating or having physical control of any vehicle deemed to be a junked vehicle as defined by this Section shall keep, place, park, store or allow to be kept, placed, parked or stored said junked vehicle on any private lands for a continuous period longer than ninety-six (96) hours, unless said junked vehicle is within a building on private lands and obscured from the public view. For the purposes of this Section, two or more separate periods of time, which are separated by a period of less than ninety-six (96) hours, shall be considered as one continuous period.

Subd. 2 Repair, Service or Maintenance. No person shall service, repair, replace parts or do maintenance work on a junked car on a public street, nor on any private lands or premises unless it is within a building on such private premises.

1110.13 Repair, Service or Maintenance. No person shall park, stop or stand any vehicle on any public street or in any public parking lot, for the purpose of performing any service or maintenance work to said vehicle, other than such measures of an emergency nature which might be necessary to facilitate the removal of said vehicle from the public streets or a public parking lot.

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1110.14 Impoundment of Vehicles.

Subd. 1 Authority to Remove Vehicles. Any vehicle found to be in violation of any provision of this Section may be removed by the police to a place of safekeeping for the purpose of granting relief to such violation. The police are hereby authorized to remove said vehicle without prior notice to the registered owner that the vehicle is to be removed; provided, however, that the police shall make a sincere effort to notify the owner of a vehicle removed under the provisions of this Section, either by telephone or by letter, within forty-eight (48) hours after the vehicle was removed as to the fact of the removal, the reason for the removal, the current location of the vehicle and how the registered owner of the removed vehicle may regain custody of the same.

Subd. 2 Costs of Removal Any costs incurred for the removal of a vehicle, as well as all other costs incurred as a result of maintaining and caring for and the security of an impounded vehicle shall be the responsibility of the owner.

Subd. 3 Release of Vehicle. Prior to the release of any vehicle which has been removed under the provisions of this Section, the owner shall be required to furnish proof of ownership to the police and shall thereupon be provided with appropriate release forms, and shall be required to sign such release forms or documents which may be required to establish proof that the vehicle has been released to the registered owner. Such vehicle shall not be released until the costs incurred pursuant to this Section have been paid.

1110.15 Sale of Impounded Vehicles. All costs and charges levied for towing and storage under this Section shall be a lien upon the vehicle in question and, if not paid within ninety (90) days following the towing of said vehicle, said vehicle shall be disposed of in accordance with Minn. Stat. SS 514.18- 514.22, which provide for the sale of personal property and possessions. All proceeds in excess of that necessary to cover the costs and claims for services herein performed shall be distributed in the manner provided for in the statutes referred to above.

1110.16 City Not Liable for Damage or Loss. Any owner who operates, or allows another to operate a vehicle on the streets in the City shall be deemed to have consented to the removal of any vehicle which is in violation of the provisions of this Section, and such consent shall extend to the storage of said

Chapter 11 14 vehicle without liability to the City or its agents for damage to said vehicle or its contents while said vehicle is being removed or stored.

1110.17 Penalties.

Subd. 1 Notice of Violation and Payment of Penalty. Any member of the Centennial Lakes Police Department, or any other person employed by the city with authority to enforce the provisions of this Section shall, upon determining a vehicle to be in violation of the provisions of this Section, attach to said vehicle notice of the violation; said notice setting forth the nature of the violation, the name of the official issuing the notice and the amount of the initial penalty. Once such a notice has been given, the owner or driver of the vehicle may within seventy-two (72) hours pay full satisfaction for the stated violation to the Clerk, or the Clerk’s designated representative of the following penalties: 1. Junk Vehicle $100.00 2. Blocking Fire Station or Hydrant 100.00 3. Fire Lane 100.00 4. Keys in Vehicle 25.00 5. Occupied Vehicle Prohibition 25.00 6. Within 30 Feet of Stop Sign 25.00 7. Blocking Mail Box 25.00 8. Vehicles over 15,000 GVW parked in R zone 100.00 9. All Other Violations 25.00

Subd. 2 Misdemeanor. Once a notice as set forth above have been given, and a period of seventy-two (72) hours has elapsed without satisfaction as provided herein having been made, a complaint will be issued. Upon issuance of a complaint the penalty will be that set for a misdemeanor and will be determined by the Court.

Chapter 11 15

SECTION 1115 - REGULATING ALL TERRAIN VEHICLES

1115.01 Definitions. Unless the context indicates otherwise, the following terms have the meanings stated:

Subd. 1 All Terrain Vehicle or ATV "Trail bikes", mini bikes, amphibious vehicles and similar devices, other than snowmobiles, used at least partially for travel on natural terrain, but not "special mobile equipment" defined in Minn. Stat. S 168.011, Subd. 22.

Subd. 2 Owner. A person other than a lien holder having the property in or title to an ATV or entitled to the use or possession thereof.

Subd. 3 Operate. To ride in or on, and control the operation of an ATV.

Subd. 4 Operator. Every person who operates or who is in actual physical control of an ATV.

Subd. 5 Dead Man Throttle or Safety Throttle. A device which when pressure is removed from the engine accelerator or throttle causes the motor to be disengaged from the driving mechanism.

Subd. 6 Natural terrain. Areas other than roadways or driveways (private or public) parking lots, and other areas, the surface of which has been intentionally modified for motor vehicle operation thereon.

1115.02 Unlawful Use - Areas. Except as otherwise allowed, it is unlawful for any person to operate an ATV not licensed as a motor vehicle within the limits of the City:

a. On the portion of any right-of-way of any public highway, street, road, trail or alley used for motor vehicle travel.

b. On a public sidewalk provided for pedestrian travel.

c. On boulevards within any public right-of-way.

d. On private property of another without specific permission of the owner or person in control of said property.

e. Upon any school grounds except as permission is expressly obtained from responsible school authorities.

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f. On public property, playgrounds and recreation areas, except areas previously listed or authorized for such use by the Park Board, in which case such use shall be lawful and ATVs may be driven in and out of such areas by the shortest route. Authorized areas in the City shall be designated by resolution of the Park Board.

g. During the hours from 10:00 o'clock p. m. to 7:00 a. m. closer than one hundred (100) feet from any residence.

h. Within two hundred (200) feet of church property during the hours of church services, and during the hours of other church functions.

1115.03 Unlawful Use - Conditions. It is unlawful for any person to operate an ATV not licensed for highway use, or ATV licensed for highway use, when operating on natural terrain within the limits of the City:

a. At a rate of speed greater than reasonable or proper under all surrounding circumstances.

b. At any place in a careless, reckless or negligent manner, or needlessly in disregard of the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property.

c. So as to tow any person or thing except through use of a rigid tow bar attached to the rear of the ATV.

d. Within one hundred (100) feet of any fisherman, pedestrian, skating rink, sliding area or recreation area, where the operation would conflict with the use, or endanger other persons or property.

e. On natural terrain within any public right-of-way, public property, or private property of another, without specific permission of the owner or person in control of said property, along the north and south sides of Lake Drive (old U.S. Highway No. 8).

f. In such areas of natural terrain as the Council may, by resolution, designate as unauthorized areas for the use of ATV'S. Any such areas designated by the Council shall be marked clearly with appropriate signs or fenced off or otherwise physically restricted for use by ATV'S.

Chapter 11 17 1115.04 Equipment Requirements. It is unlawful for any person to operate an ATV any place within the City unless it is equipped with the following:

a. Standard mufflers which are properly attached and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, bypass, straight pipe, megaphone, expansion chamber, or similar device on an ATV motor.

b. Brakes adequate to control the movement of, and to stop and hold, the ATV under any condition of operation.

c. A safety or so-called "dead man throttle" in operating condition.

d. When operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of reduced visibility, 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 (100) feet ahead during the hours of darkness and under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming ATV operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during hours of darkness and under normal atmospheric conditions.

e. Reflective material at least sixteen (16) square inches on each side forward of the handle bars or steering device of an ATV so as to reflect light at a ninety degree (90) angle.

1115.05 Removal of Key. Every person leaving an ATV on a public place shall lock the ignition, remove the key and take the same with him/her.

1115.06 Animals. It is unlawful to intentionally drive, chase, run over or kill any animal with an ATV.

1115.07 Police Exemption. Any licensed peace officer acting in their official capacity is exempt from the provisions of this Section 1115.

SECTION 1117 - REGULATING MINI TRUCKS

1117.01 Definitions. Unless the context indicates otherwise, the following terms have the meanings stated:

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Subd. 1 Mini truck

(a) "Mini truck" means a motor vehicle that has four wheels; is propelled by an electric motor with a rated power of 7,500 watts or less or an internal combustion engine with a piston displacement capacity of 660 cubic centimeters or less; has a total dry weight of 900 to 2,200 pounds; contains an enclosed cabin and a seat for the vehicle operator; commonly resembles a pickup truck or van, including a cargo area or bed located at the rear of the vehicle; and was not originally manufactured to meet federal motor vehicle safety standards required of motor vehicles in the Code of Federal Regulations, title 49, sections 571.101 to 571.404 and successor requirements.

(b) A mini truck does not include:

(1) a neighborhood electric vehicle or a medium-speed electric vehicle; or

(2) a motor vehicle that meets or exceeds the regulations in the Code of Federal Regulations, title 49, section 571.500,and successor requirement

Subd. 2 Streets. “Streets” means any street, highway, avenue, alley, or other public right of way within the city, including the entire right of way.

1117.02 Special Vehicle Use on Streets

Subd 1. Designation of roadway,permit. The city of Circle Pines authorize by permit the operation of mini trucks on all streets in the city of Circle Pines. Permits may be granted for a period of not to exceed one year, and may be annually renewed. A permit may be revoked at any time if there is evidence that the permittee cannot safely operate the mini truck. There shall be at the time of filling out the application a permit fee as set forth by resolution of the City Council, as adopted from time to time.

Subd. 2. Crossing intersecting highways. Mini trucks may cross any street or highway intersecting a designated roadway.

Subd. 3. Application of traffic laws. Every person operating a mini truck under permit on designated streets has all the rights and duties applicable to the driver of any other vehicle under the provisions of this chapter, except when those provisions cannot reasonably be applied to mini trucks and except as otherwise specifically provided in subdivision 4.

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Subd. 4. Required equipment on mini trucks. Notwithstanding State Statue Sections 169.48 to 169.68, or any other law, a mini truck may be operated under permit on designated roadways if it is equipped with: (1) at least two headlamps; (2) at least two taillamps; (3) front and rear turn-signal lamps; (4) an exterior mirror mounted on the driver's side of the vehicle and either an exterior mirror mounted on the passenger's side of the vehicle or an interior mirror; (5) a windshield; (6) a seat belt for the driver and front passenger; and (7) a parking brake.

Subd. 5. Insurance. Proof of insurance meeting state requirements is required to receive a permit.

Section 1120 REGULATING USE AND OPERATION OF SNOWMOBILES

1120.01 Intent. It is the intent of this Section to supplement Minn. Stat. S§84.82 84.911, and Minn. Stat. Chap. 169, with respect to the operation of snowmobiles. Such statutes are incorporated herein by reference. This Section is intended to be more restrictive than the state statutes.

1120.02 Definitions. Unless the context otherwise indicates, the following terms have the state meanings:

Subd. 1 Snowmobile. A self-propelled vehicle designed for travel on snow or ice, steered by skis or runners.

Subd. 2 Owner. A person, other than a lien holder, having a property interest in or title to a snowmobile, or entitled to the use or possession of the snowmobile.

Subd. 3 Operate. To ride in or on, and control the operation of a snowmobile.

Subd. 4 Operator. Every person who operates, or is in actual physical control of a snowmobile.

Subd. 5 Roadway. That portion of a highway or street improved, designed or ordinarily used for vehicular travel.

Chapter 11 20 Subd. 6 Street. A public thoroughfare, roadway, alley, or trail used for motor vehicular traffic which is not an interstate, trunk, county-state aid, or county highway.

Subd. 7 Right of Way. The entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes.

Subd. 8 Deadman Throttle or Safety Throttle. A device which when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism.

1120.03 Unlawful Use. Except as otherwise allowed, it is unlawful for any person to operate a snowmobile within the limits of the City:

a. On any roadway except the most right- hand lane then available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle stopped in that lane or proceeding in the same direction, or in making a left turn. Snowmobiles may also be operated upon the outside slope of trunk, county-state aid and county highways where such highways are so configured within the corporate limits.

b. On a public sidewalk provided for pedestrian travel.

c. On boulevards within any public right-of-way.

d. On private property of another without specific permission of the owner or person in control of said property.

e. Upon any school grounds, except as permission is expressly obtained from responsible school authorities.

f. On public property, playgrounds and recreation areas, except areas previously listed or authorized for such use by the Park Board, in which case the use shall be lawful, and snowmobiles may be driven in and out of the areas by the shortest route. Authorized areas in the City shall be designated by resolution of the Park Board.

Chapter 11 21 g. On streets as permitted by this Section at a speed exceeding ten miles per hour.

h. Closer than one hundred (100) feet from any residence:

(i) During the hours from 10:00 o'clock p.m. to 7:00 o'clock a.m., Sunday through Thursday; and

(ii) 12:00 o'clock a. m. to 8:00 o'clock a.m., on other days. This provision is not intended to prohibit snowmobiles from operating on City streets during the specified hours.

i. Within two hundred (200) feet of church property during the hours of church services, and during the hours of other church functions. This provision is not intended to prohibit snowmobiles from operating on City streets adjacent to church property during the hours specified.

j. On posted portions of the Rice Creek Snowmobile trail at a speed exceeding thirty (30) miles per hour.

k. The Anoka County Curfew Ordinance for minors under the age of 17 is hereby adopted by reference and shall apply to the operation of snowmobiles by youthful operators.

1120.04 Traffic Ordinances. City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application.

1120.05 Uncontrolled Intersections. 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 at the intersection, or so close to the intersection as to constitute an immediate hazard.

1120.06 Persons Under 18. No person under 14 years of age shall operate on streets or make a crossing of a City street 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 as permitted under this Section, and make a crossing of such streets only if the person has in their immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as provided by Minn. Stat. §84.86. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this Section.

Chapter 11 22 SECTION 1125 - PROHIBITING UNREASONABLE ACCELERATION OF MOTOR VEHICLES

1125.01 Definitions. Unless the context indicates otherwise, the following terms have the stated meanings:

Subd. 1 Unreasonable Acceleration. Rapid acceleration of a vehicle accomplished in such a manner as to cause squealing or screeching sounds by the tires, and/or fishtailing of the motor vehicle or the throwing of sand or gravel by the tires of the vehicle, or both.

Subd. 2 Motor Vehicle. Any vehicle propelled by an engine and authorized to be driven on a public highway.

1125.02 Public Nuisance. Unreasonable acceleration of any motor vehicle on any public highway or private property within the City is hereby declared to be a public nuisance and is prohibited.

1125.03 Prima Facie Evidence. It shall be prima facie evidence of a violation of this Section if a motor vehicle shall be observed accelerating in such a manner as to cause squealing or screeching sounds by the vehicle's tires, fishtailing of the vehicle, or the throwing of sand and gravel by the tires of the vehicle, or any combination of the described actions.

SECTION 1130 - SELF-PROPELLED WHEELED DEVICES

1130.01 Definition. The term "self-propelled device" shall mean a non-motorized platform, foot board, ski-like device, shoe, boot, or similar object mounted on wheels and designed or intended to propel a rider by human power or force of gravity including, but not limited to, skateboards, rollerskis, roller-skates, and inline skates. These devices do not include a wheelchair operated by a disabled person, bicycles, wagons, or strollers.

1130.02 Prohibited Acts. It shall be unlawful for any person to ride or operate a self propelled wheeled device under any of the following conditions, except where the device is specifically allowed.

a. Upon any property containing facilities designed to invite public pedestrian shopping traffic, unless written permission has been obtained from the owner, occupant, or person in charge of the property. Inline skates are exempted from this prohibition.

Chapter 11 23 b. In any area within the City while being pushed, pulled or in any way propelled by any motorized vehicle or by a person on a bicycle.

c. In a careless, reckless, or negligent manner in disregard for the rights or safety of property or any other person.

d. Contrary to the rights and duties applicable to the driver of any vehicle pursuant to Minnesota Statutes, Chapter 169, except in respect to those provisions therein which by their nature cannot reasonably be applied to such devices.

e. Upon the roadway of any County State Aid Highway, except to cross such roadway. Inline skates are exempted from this prohibition.

1130.03 Penalty. Any person who shall operate a self-propelled wheeled device in violation of the provisions of this Section shall be punished in the same manner as a violation of Minnesota Statutes, Chapter 169, as more fully described in Section 169.89, Subd. 1, thereof.

1130.04 Impoundment. Any police officer who observes any violation of this Section is authorized to impound the self-propelled wheeled device and to hold the same at the police department. The self-propelled wheeled device shall immediately be released to the parent or legal guardian of an operator under the age of eighteen (18) years, and shall be released to any operator eighteen (18) years or older following the expiration of a 24 hour impoundment period.

SECTION 1140 - PARADES

1140.01 Definition. For the purpose of this Chapter, certain terms and words are defined as follows:

Subd. 1 Parade. Parade means any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display, in or upon any street, park, or other public place in this municipality.

Subd. 2 Parade Permit. Parade permit means a permit as required by this article.

1140.02 Permit Required.

Subd. 1 No person shall engage in, participate in, aid, form, or start any parade without a permit from the City.

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Subd. 2 This section shall not apply to:

(a) Funeral processions; and

(b) The City acting within the scope of its functions.

1140.03 Permit Application.

Subd. 1 Filing. A person seeking issuance of a parade permit shall file an application with the City Administrator.

Subd. 2 Filing. The application for a parade permit shall be filed not less than twenty-one (21) days before the date on which it is proposed to conduct the parade. Failure to file an application twenty-one (21) days in advance will not result in automatic denial of the permit; provided, that the applicant shows reasonable grounds why the application could not be filed twenty-one (21) days in advance.

Subd. 3 Application and Contents. The application for a parade permit shall set forth the following information:

(a) The name, address, and telephone number of the person seeking to conduct the parade;

(b) If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization.

(c) The name, address, and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct;

(d) The date when the parade is to be conducted;

(e) The route to be traveled, the starting point, and the termination point;

(f) The approximate number of persons, animals, and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;

(g) The hours when the parade will start and terminate;

(h) The location, by street, of any assembly area for such parade;

(i) The provisions that will be made for cleanup;

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(j) Any additional information reasonable necessary to a fair determination as to whether a permit should be issued.

1140.04 Permit Fee. There shall be paid at the time of filing the application for a parade permit a permit fee as set forth by resolution of the City Council, as adopted from time to time. This fee may be waived in whole or in part by the City Council.

1140.05 Standards for Permit Issuance. The Chief of Police shall issue a permit as provided for herein, when, from a consideration of the application and from such other information as may otherwise be obtained, he/she finds that:

(a) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route.

(b) The conduct of the parade will not require the diversion of so great a number of police officers of the City to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the City.

(c) If the parade requires that additional police officers or community service officers are required, the applicant shall be assessed the cost of providing additional service, which shall be paid to the City prior to the issuance of the permit unless waived by the City Council.

(d) The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas.

(e) The conduct of the parade is not reasonably likely to cause injury to persons or property nor provoke disorderly conduct.

(f) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route.

1140.06 Contents of Permit. Each parade permit shall state the following information:

(a) Starting time;

(b) Minimum speed;

Chapter 11 26 (c) Maximum speed;

(d) Maximum interval of space to be maintained between the Units of the parade;

(e) The portions of the street, sidewalk, park, or other public place to be traversed that may be occupied by the parade.

(f) The maximum length of the parade in miles or fractions thereof;

(g) Other information as is reasonably necessary to the Enforcement of this section.

1140.07 Notice of Permit Denial. If the Chief of Police disapproves the application, he or she shall mail to the applicant within seven (7) business days after the date on which the application was filed a notice of his or her actions stating the reasons for his or her denial of the permit.

1140.08 Appeal Procedure When Permit Denied. Any person aggrieved by a denial of a permit shall have the right to appeal to the City Council at its next regularly scheduled meeting following such denial. Written notice of such appeal shall be given to the City Administrator at least seven (7) days before such next regularly scheduled Council meeting.

1140.09 Revocation of Permit. The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth.

1140.10 Indemnification. Any person granted a permit agrees to defend, indemnify, and hold harmless the City, Police Department, and Fire Department from any losses, costs, damages, and expenses arising out of the activity for which the permit was granted.

1140.11 Public Conduct During a Parade.

Subd. 1 Interference. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.

Subd. 2 Parking on Parade Route. The Police Chief or other Authorized City official shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part

Chapter 11 27 thereof constituting a part of the route of a parade. Signs shall be posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street or other public thoroughfare unless signs have been posted in accordance with this section.

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