AN ORDINANCE TO AMEND TITLE VII: TRAFFIC CODE, CHAPTER 73: SNOWMOBILES; ALL-TERRAIN VEHICLES OF THE BENSON CITY CODE OF 2003

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The City of Benson does ordain:
Title VII, Chapter 73, sections 73.25 through 73.99 are hereby deleted and replaced with the following sections:
 
§ 73.25  DEFINITIONS.
 For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
 
ALL-TERRAIN VEHICLES (ATVs):  Motorized flotation-tired vehicles with at least three (3) but no more than six (6) low pressure tires that have an engine displacement of less than one thousand one hundred (1,100) cubic centimeters and include class 1 and class 2 ATVs.
 
CLASS 1 ATV:  A class 1 ATV as defined by Minnesota Statutes.
CLASS 2 ATV:  A class 2 ATV as defined by Minnesota Statutes.
OPERATE:  To ride in or on and control the operation of an ATV.
OPERATOR:  Every person who operates or is in actual physical
    control of an ATV.
OWNER:  A person, other than a person with a security interest,
      having a property interest in or title to an ATV and entitled
     to the use and possession of the vehicle.
RIGHT-OF-WAY:  The entire right-of-way of a public road, 
    including the traveled portions, banks, ditches, shoulders,
    and medians of a street/roadway that is not privately owned.
SNOW REMOVAL:  The process of shoveling, blowing, or
    plowing snow from roadways, sidewalks, driveways,
    and walkways.
 
§ 73.26  OPERATION OF ATVs:
(A) Except as herein specifically permitted, class 1 ATVs may not be operated on any right of way of any street, roadway, trail or alley used for motor vehicle travel that is under the jurisdiction of the city.
 
§ 73.27  ATV CROSSING OF PUBLIC ROAD RIGHT OF WAY:
 (A) Direct Crossing:  An ATV may make a direct crossing of a street or highway, except an interstate highway or freeway, provided:
 
(1) The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway and at a place
where no obstruction prevents a quick and safe crossing;
(2) The ATV is brought to a complete sotp before crossing
the shoulder or main traveled way of the street or highway;
(3) The operator yields the right of way to all oncoming traffic that
constitutes an immediate hazard;
(4) In crossing a divided street or highway, the crossing is made
only at an intersection of such street or highway with another
public street or highway; and
(5) When crossing between the hours of one-half (1/2) hour after
sunset to one-half (1/2) hour before sunrise or in condition of
reduced visibility, both front and rear lights must be illuminated.
 
(B)  Age Restrictions

(1) No person under eighteen (18) years of age shall make a
direct crossing of a street or highway as the operator of an ATV.
(2) The owner of an ATV shall be responsible if the ATV is
operated contrary to these provisions. 
 
§ 73.28  CLASSES OF ATVs.
(A)  Operation of Class 1 ATVs:  Operation of class 1 ATVs is not permitted in the city except for the following situations:
 
(1) Law enforcement acting in an official capacity.
(2) During city approved parades.  Operation of class 1 ATVs are only allowed from two (2) hours prior to the start of the parade and must conclude two (2) hours after the conclusion.  In addition, class 1 ATVs may only be used under this provision to directly assist with parade functions.   General use is still prohibited.
3) Incidental to snow removal on property owned or occupied by the operator or owner of the class 1 ATV.
 
(B)  Operation of Class 2 ATVs:  in addition to the other requirements set forth in this chapter, operation of class 2 ATVs is permitted provided that any class 2 ATV:
 
 (1) Must be primarily designed for off road, rugged terrain and constitute what is customarily referred to by manufacturers as a class 2 ATV.
(2) Must be operated at a rate of speed reasonable or proper under all surrounding circumstances in no event, at a speed greater than twenty-five (25) miles per hour, or the legal speed limit, whichever is less.
(3) Must follow the traffic provision of this code, except for those provisions relating to required equipment and those which by their nature have no application.
(4) May not enter any intersection without yielding the right of way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard.
(5)Is operated by an operator who is at least eighteen (18) years of age and has a driver’s license that would allow operation of a motor vehicle in the state of Minnesota.
(6) A person may operate a class 2 ATV while carrying up to the number of passengers for which the class 2 ATV was designed.
(7) Is equipped with the following:
 
(a) A rearview mirror or left and right side view mirrors, located so as to reflect to the operator a view of the roadway for a distance of at least two hundred (200) feet to the rear of the vehicle.
(b) Standard mufflers as required by Minnesota rule 61.02.0040, subpart 4, which are property attached and in constant operation, 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 or similar device on an ATV motor.
(c) Brakes adequate to control the movement of and to stop and hold the ATV under normal operation conditions.
(d) A safety or so called “dead man throttle” in operating condition.  A safety or “dead man” throttle” is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track.
(e) At least two (2) clear headlamps and two (2) red taillights.  Such headlamps and taillights are to be lit at all times while operating class 2 ATVs.
(f) Reflective material at least sixteen (16) inches square on each side, forward of the steering wheel, so as to reflect light at a ninety (90) degree angle.
(g) Seatbelts must be worn if provided on ATV.  Seatbelts may not be removed or altered.
 
§ 73.29  PERMIT REQUIRED.
No person shall operate a class 2 ATV pursuant to this chapter without a valid permit from the city.  Permit applications shall be available at the police department.
 
(A)  The city council shall set fees for such permits by resolution.
(B)  The applicant shall provide the following information in addition to the application form:
 
(1) Proof of registration of the class 2 ATV, if required by state law.
(2) Proof of insurance, verifying that the applicant maintains liability insurance for liabilities arising out of the maintenance or use of the class 2 ATV according to state law.
(3) Driver’s license permitting the operation of a motor vehicle in the state of Minnesota.
 
(C)  An operator must have possession of a valid permit while operating a class 2 ATV in the city.
(D)  All permits granted pursuant to this section shall be issued for a period not to exceed one year and may be renewed annually by complying with the requirements of this section.
(E)  Nothing in this section shall be construed as an assumption of liability by the city for any injuries to persons or property which may result from the operation of a class 2 ATV by a permit holder, the grant of such permit, or the failure by the city to revoke said permit.
 
§ 73.30  OPERATION PROHIBITED.
Class 2 ATVs must not be operated:

(A)  On state trunk highways and U.S. highways as provided in state law.
(B)  To tow any passengers, except that a disabled vehicle being towed by any means may contain one human passenger if necessary to steer the vehicle.
(C)  On a public sidewalk provided for pedestrian travel except to remove snow from the sidewalk adjacent to the owner or operator’s own premises or the premises of another person with the specific permission of that person.
(D)  On boulevards with any public right of way.
(E)  On private property of another without specific permission of the owner or person in control of the property.
(F)  On any other public place, except as may be specifically permitted by other provisions of this code.
(G) Within one hundred (100) feet of any skating rink or sliding area.
(H) While under the influence of alcohol or drugs as defined in Minnesota statute section 169A.20 as it may be amended from time to time.  In addition, open containers of alcohol are not allowed on the ATV while in operation.
(I)   At a rate of speed greater than reasonable or property under all surrounding circumstances, but in no event at a speed greater than twenty-five (25) miles per hour or the legal speed limit, whichever is less.
(J)   In a careless, reckless, or negligent manner or heedlessly 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.
(K)  So as to intentionally chase, run over, or kill any animal.
(L)   On any school, hospital, city park or cemetery grounds.
 
(1) Employees of the City of Benson or school district may operate on grounds as needed in the performance of their duties.
 
§ 73.31  ATV IN PUBLIC PLACE.
Every person leaving an ATV in a public place shall lock the ignition and remove the key.
 
§ 73.32  LIABILITY OF OWNER.
It shall be unlawful for the owner of an ATV to permit it to be operated contrary to the provisions of this subchapter.
 
§ 73.99  PENALTY.
Any person violating the provisions of this chapter shall be guilty of a misdemeanor as further explained in § 10.99 of this code, or the court, in its discretion, may provide for the impounding of the all-terrain vehicle which has been operated in violation of this chapter for not to exceed thirty (30) days.
 
ATTEST as to form: /s/ Ben Wilcox                                               
First Reading: December 16, 2019                                       
Second Reading: January 13, 2020                                            
Publication: January 22, 2020                                            
/s/ Terri Collins                
Terri Collins, Mayor
 /s/ Glen Pederson                 
Glen Pederson, Clerk

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