Ordinance No

Ordinance No. 2004-22 AN ORDINANCE REGULATING THE USE OF ATV’S IN THE CITY OF ROCKVILLE WHEREAS, the Rockville City Council hereby ordains: Section 1....
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Ordinance No. 2004-22 AN ORDINANCE REGULATING THE USE OF ATV’S IN THE CITY OF ROCKVILLE WHEREAS, the Rockville City Council hereby ordains: Section 1.

Definitions: For the purpose of this ordinance, the terms defined herein shall have the meaning set forth in the following subdivisions:

Subd. 1.

All terrain vehicle (ATV): refers to trail bikes, mini bikes, and amphibious vehicles and similar devices other than snowmobiles used at least partially for travel on natural terrain but not special mobile equipment defined in MN Statute 168.011, Subd. 22.

Subd. 2.

Owner: Means a person, other than a lien holder having the property in or title to ATV entitled to the use or possession thereof.

Subd. 3.

Operate: Means to ride in or on and control the operation of an ATV.

Subd. 4.

Operator: Means every person who operates or is in actual physical control of an ATV.

Subd. 5.

Roadway: Means all that portion of a traveled surface of any road, street, alley, or highway limited to that part improved, designed or ordinarily used for vehicular travel.

Section 2.

Permitted Uses. ATV’s may be used as follows:

Subd. 1.

As permitted by law, including, but not limited to, Minn. Stat. §§ 84.92 to 84.928, except as expressly limited in this Ordinance.

Subd. 2.

On ones own land.

Subd. 3.

On private land where permission has been granted by the landowner.

Subd. 4.

For agricultural purposes: to inspect crops, to plow ones driveway, and for normal farming/herding operations.

Subd. 5.

On designated trails or traveled surface of city streets

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Subd. 6.

By persons under the age of 18 in accordance with MN Statutes for Youthful Operation.

Subd. 7.

On roadways if part of a special event specifically authorized by the City Council.

Subd. 8.

On a public roadway in an emergency when and at such locations where the conditions of the roadways renders travel by an automobile impractical.

Subd. 9.

In all cases of permitted use and/or operation, the ATV must have the following equipment: A.

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

B.

When operated between the hours of one-half hour after sunset and one-half hour before sunrise, or at times of reduced visibility, at least one clear headlamp 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 under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming operator. It shall also be equipped with at least one red tail lamp having a minimum candlepower 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 under normal atmospheric conditions. The head and taillight must be functioning anytime the ATV is being operated.

C.

Reflector material of a minimum area of sixteen (16) square inches mounted on each side forward of the handlebars.

D.

A sled, trailer, or other device being towed by an ATV must be equipped with reflective materials as required by rule of the Commissioner of Public Safety.

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Section 3.

State, County, Municipality, Public Utility and Land Survey Uses.

Subd. 1.

State, county or municipal agencies may allow employees to operate an ATV for emergency purposes or for functions directly related to conducting government business on any roadway as long as safety is not jeopardized.

Subd. 2.

A public utility employee may operate an ATV for emergency purposes or for functions directly related to conducting business on any roadway, park, or City owned property as long as safety is not jeopardized.

Subd. 3.

A land surveying operation employee may operate an ATV on any roadway for functions directly related to conducting business as long as safety is not jeopardized.

Section 4. Uses Allowed for the Disabled. If you hold a Class A or Class B hunting (disabled) permit, you may operate an ATV on the roadway portion of a highway (not an interstate) if you are traveling for the purpose of hunting which is allowed by the permit. However, you must meet safety certificate and age restrictions if they apply. Section 5. Prohibited Uses. It shall be unlawful to use or operate an ATV in a manner prohibited by this Section. Subd. 1.

On any park, boulevard, or other City owned property without the advance, express written permission of the City Council.

Subd. 2.

In road ditches at any time unless as needed for agricultural purposes.

Subd. 3.

On trails designated for snowmobiles unless they are also designated for ATV’s.

Subd. 4.

Along the inside bank or slope of a public right-of-way.

Subd. 5.

On the exposed lake and stream bed below the ordinary high water mark of any navigable water except to launch or load a boat, canoe, or other watercraft in the most practical manner.

Subd. 6.

On marshes, bogs, ponds or in unfrozen public waters including lakes, rivers and streams.

Subd. 7.

On agricultural land without permission. Failure of a landowner to post their property does not give you the authority to ride there.

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Subd. 8.

On a public sidewalk or walkway provided or used for pedestrian travel.

Subd. 9.

While the operator is under the influence of liquor or narcotics or habit-forming drugs.

Subd. 10.

At a rate of speed greater than reasonable or proper under all surrounding circumstances; and when operating in residential areas, in no case greater than twenty (20) miles per hour.

Subd. 11.

In a careless, reckless or negligent manner so as to endanger the person or property of another or cause injury or damage thereto.

Subd. 12.

In a manner so as to create a loud, unnecessary or unusual noise which disturbs, annoys or interferes with the peace and quite of other persons.

Subd. 13.

To chase, run over or kill any animal (wild or domestic).

Subd. 14.

Without a tail light and headlight lighted at all times if the ATV is equipped with a tail light and headlight.

Subd. 15.

Without a functioning stoplight if equipped.

Subd. 16.

With more persons that the ATV is designed for except as provided in Minn. Stat. § 84.9257.

Subd. 17.

Without a brake operational by either hand or foot.

Subd. 18.

At a speed exceeding ten (10) miles per hour on the frozen surface of public waters within 100 feet of a person not on an ATV or within 100 feet of a fishing shelter.

The Sauk River, when frozen over, is very unsafe within the City of Rockville, so caution is recommended. *Liability of Landowners: Landowners who give permission for ATV use on their property or to cross their property by way of a trail may not be required to keep the premises safe for recreational activities, to inspect the property, or to give warning of an unsafe condition, use or activity on the property. The property owners may be held free of liability. You should consult with an attorney for a better understanding of your responsibilities and liabilities; and check with local DNR. Please ride safely. PMay 2, 2006:C2004 10 12 C:\Documents and Settings\All Users\Documents\ORDINANCES\2004-22 ATV Ordinance .doc ctg

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Section 6.

Penalties: Any person who shall violate any provisions of the Minnesota Statutes contained or referred to in this ordinance shall be guilty of a misdemeanor. Any person who shall violate any provisions of this ordinance not covered by the to the Minnesota Statutes is guilty of a petty misdemeanor and subject to penalty. For current penalties or fines refer to the MN DNR "Off Highway Vehicle Regulations" handbook. (Available from the DNR or at Rockville City Hall)

ADOPTED THIS 17th DAY OF NOVEMBER, 2004 ATTEST: _____________________________ VERENA M. WEBER-CMC ADMINISTRATOR/CLERK

__________________________ BRIAN HERBERG MAYOR

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ORDINANCE NO. 2006-32 AN ORDINANCE REGULATING THE USE OF CITY PARKS, PROHIBITING CERTAIN CONDUCT THEREIN AND PROVIDING PENALTIES FOR VIOLATION OF THE ORDINANCE. The City Council of Rockville ordains: 1. General Provisions 1.1 Authority This ordinance is adopted pursuant to the Rockville City Council approval. 1.2 The purpose of this ordinance is to provide for the use of City Parks in such a manner and by such means as will maximize their use and enjoyment by the public, while conserving the scenery, and the natural and historical objects and wildlife therein. 2. Definitions The words or terms as used in his Ordinance have the meanings given them in this section unless a different meaning is clearly indicated by the context. 2.1 “Director” means the Rockville Park Board acting directly or through its authorized agent. 2.2 “Person” means any individual, partnership, corporation or association. 2.3 “City Park” means any designated City Park, City monument, City recreation area or City wayside. 2.4 “Vehicle” is any wheeled conveyance, including bicycles and tricycles, whether motor powered, animal drawn or self propelled. The term shall include any trailer of any kind of description, but shall not include wheelchairs. 2.5 “Watercraft” means any contrivance used or designed for navigation in water. 3. Park Hours Rockville Parks shall be open year-round. 3.1 Exceptions: 3.2 Rockville Parks may be closed by order of the City when snow and road conditions, fire hazards or other weather conditions require temporary closing. 3.3 Rockville Parks shall be closed from 10:00 PM until 7:00 AM that following morning. 3.4 The use of parks during periods in which they are closed may be allowed by permit, specifically allowing use between 10:00 PM and 7:00 AM the following morning, issued by the director. 3.5 No one is permitted to be in a park except between the hours of 7:00 AM and 10:00 PM, except as provided in 3.4. 4. Fees & Parking Permits 4.1 The Rockville Park Board may establish park user fees from time to time, as are necessary to maintain the City Park system; such fees may vary from park to park. 5. Public Safety 5.1 It shall be unlawful for any person to have in his or her possession, out of doors, within a City park, any rifle, shotgun, muzzle loading musket, BB Gun or other firearms. 5.2 It shall be unlawful for any person to have in his or her possession, within a motor vehicle, within a City park, any rifle, shotgun, muzzle loading musket, BB gun or other firearms unless the same is unloaded and contained in the trunk of a motor vehicle with the trunk door closed; provided that this section shall not apply to any peace officer being upon said premises while in the performance of his duties. 5.3 It shall be unlawful for any person to use or have in his possession explosives of any kind, including firecrackers and other kinds of fireworks, within a city park. 5.4 It shall be unlawful for any person to use or display any type of weapon, including but not limited to slingshots, switch blade knives, bow and arrows and traps. 5.5 It shall be unlawful for any person to discharge any missile or other projectile from a weapon into a park from beyond park boundaries. 5.6 It shall be unlawful for any person to discharge any missile or other projectile from a weapon within a City Park unless a special permit is obtained. 6. Environmental Protection 6.1 It shall be unlawful for any person to injure or molest any wildlife within a City park. 6.2 It shall be unlawful for members of the public to pick or dig up native plants within City Parks.

7. Fires 7.1 Fires within a City Park are permitted only in fireplaces, portable grills, stoves or fire rings provided for that purpose. 7.2 Fires shall be attended at all times. 7.3 Fires by authorized personnel will be allowed as a management tool for parks with prairies. 8. Domestic Animals 8.1 Pets will be permitted in City Parks, provided that no person shall allow any dog, cat or other pet animal to enter any building or bathing beach, all pets shall be attended and effectively restrained by a leash not exceeding six feet and such pets shall not be permitted to deprive or disrupt the enjoyment or use of any area by other persons. It is also the responsibility of the owner to clean up and remove any feces left by owner’s animal. 9. Picnicking 9.1 Picnicking and lunching in any place other than those designated for that purpose is prohibited. Attendants shall regulate the activities in such areas when necessary to prevent congestion and secure the maximum use for the comfort and convenience of all. Visitors shall comply with directions given to achieve this end. 9.2 Use of individual fireplaces, together with tables generally follows the rule of “first comes, first served” except where prior reservations have been made. 10. Boating Boating maybe enjoyed on waters within or adjacent to City parks subject to the following exceptions: 10.1 Watercraft may be launched or landed only at accesses designated for such use. 11. Commercial Bait Collection Access from City Park to a body of water for the purpose of seining minnows or collecting any aquatic animals for commercial use is prohibited. 12. Vehicular Traffic All applicable provisions of the state Motor Vehicle Traffic Laws in regard to equipment and operation of vehicles, together with such regulations as are contained in this and other ordinances, shall be complied within City parks. 12.1 It is unlawful to operate any vehicle within the boundaries of any city park except upon designated roads or parking areas. 12.2 It is unlawful to operate any vehicle at a speed in excess of the posted speed. 12.3 It is unlawful for any person to operate or halt any vehicle carelessly or heedlessly in disregard of the rights or safety of others. 12.4 It is unlawful to operate any vehicle on roads which are posted, chained or gated prohibiting vehicle traffic. 12.5 It is unlawful to park any vehicle in other than designated areas. 12.6 A Person may operate a snowmobile only on designated and posted trails, and over areas having conditions of snow cover considered adequate for the protection of the park by the Public Works Director. 12.7 Vehicles parked on City Park Property more than 24 hours may be towed away at the cost and expense of the owner thereof. A permit to park greater than 24 hours is required from the City should people be on an extended canoeing excursion on the Sauk River (a MN DNR designated canoe route). 13. Protection from Peddling and Soliciting It is unlawful for any person to engage or solicit business of any nature whatsoever within a City park unless a special use permit has been obtained. 14. Restricted areas It shall be unlawful to enter, by any means, area posted “restricted”. 15. Permits and Reservations Permits and reservations may be obtained from the City. 15.1 All persons claiming possession of a permit or reservation issued by the City must be able to produce or exhibit it upon request from any authorized person who shall desire to inspect same for the purpose of enforcing compliance with any ordinance or rule. 15.2 A person or persons to whom a permit or reservation is issued shall be liable for any loss or damage to park property by any person or person from the group he/she represents.

15.3 The City shall have the authority to revoke any permit or reservation upon finding of violation of any rule or ordinance or upon good cause shown. 15.4 The City may refuse any permit or reservation when it is in the best interests of the park system. 15.5 Reasonable fees, as established by the Park Board, may be charged for permits. 15.6 The use of electronic sound equipment, including but not limited to stereos, public address systems and amplifiers, shall be prohibited, unless permit for such use shall have first been obtained from the director 15.7 The use of electrical generators shall be prohibited, unless a permit for such use shall have first been obtained from the City. 15.8 City Parks are for the use and enjoyment of the public, if from time to time, organizations or large common-interest groups (e.g. family reunions, anniversary parties, or company picnic) desire to use a City Park, and such use may overburden the park and its facilities; then the use of a city park by any common-interest group shall be prohibited unless a permit shall have first been obtained; if the group shall number between 25 and 999 persons, the permit may be issued by the City. 15.9 No aircraft may land in any City park unless a permit shall have first been obtained. 16. Nothing in this ordinance shall prevent employees or agents of the Park Board from performing their assigned duties. 17. Enforcement 17.1 Penalty Any person violating any provision of this Ordinance shall be guilty of a misdemeanor. 17.2 It shall be the duty of the City and the Stearns County Sheriff to enforce the provisions of the Ordinance. 18. Effective Date. This Ordinance shall become effective after its publication in the official newspaper of the Rockville City Council. Passed by a majority vote of the Rockville City Council on This _____ day of ______ 2006. ATTEST:

_____________________________________

________________________

VERENA M. WEBER-CMC

BRIAN HERBERG

ADMINISTRATOR/CLERK

MAYOR

Ordinance No. 2004-21 AN ORDINANCE REGULATING THE USE OF SNOWMOBILES IN THE CITY OF ROCKVILLE WHEREAS, the Rockville City Council hereby ordains: Section 1. Scope. Notwithstanding provisions to the contrary, this Ordinance shall apply to control of traffic and regulation of that certain class of vehicles falling within Minn. Stat. § 84.81 and its definition of snowmobiles as to matters set forth herein. All provisions of this Chapter, not relating to matters herein stated, apply as equally to snowmobiles as other vehicles. All provisions of Minnesota Statutes Chapters 169 and 169A, except those relating to required equipment, having no application, or except as otherwise expressly provided by Minnesota Law, shall apply to the operation of snowmobiles. Section 2. Definitions. For the purpose of this ordinance, the terms defined herein shall have the meaning set forth in the following subdivisions: Subd. 1.

Snowmobile: means a self-propelled vehicle designed for travel on snow or ice steered by wheels, skis, runners or propelled by tracks (or registered as a snowmobile by the state of MN).

Subd. 2.

Person: includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not.

Subd. 3.

Owner: means a person, other than a lien holder having the property in or title to snowmobile entitled to the use or possession thereof.

Subd. 4.

Operate: means to ride in or on and control the operation of a snowmobile.

Subd. 5.

Operator: means every person who operates or is in actual physical control of a snowmobile.

Subd. 6.

Roadway: Means all that portion of a public right-of-way of any road, street, alley, or highway, including, but not limited to that part improved, designed or ordinarily used for vehicular travel.

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Section 3. Equipment Required. It is unlawful for any person to operate 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 which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe of similar device on a snowmobile motor.

Subd. 2.

Brakes adequate to control the movement of and to stop and hold the snowmobile under any condition of operation.

Subd. 3.

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.

Subd. 4.

When operated between the hours of one-half hour after sunset and one-half hour before sunrise, or at times if reduced visibility, at least one clear head 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 under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile operator. It shall also be equipped with at least one red tail lamp having a minimum candlepower 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 under normal atmospheric conditions. The head and taillight must be functioning anytime the snowmobile is being operated.

Subd. 5.

Running lights or reflective material, at least sixteen (16) inches square on side, forward of the handlebars, so as to reflect or beam light at a ninety degree angle. The same requirements should be applied to the highest practical point on any towed object.

Section 4. Ignition Lock. Every person leaving a snowmobile on a public place shall lock the ignition and remove the key. Section 5. Restrictions on Places of Operation. Except as herein specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the City of Rockville in the places described in the following subdivisions.

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Subd. 1.

One the portion of any right-of-way of any public highway, street, road, trail or alley used for motor vehicle travel, except the most right hand lane (except in passing) which is used for vehicle traffic in the same direction other than on freeways, interstate, trunk, county state-aid county highways. Snowmobiles may also be operated upon the ditch bottom or outside of trunk, county stateaid and county highways where such highways are so configured within the corporate limits. If making a left-hand turn, snowmobiles may operate on other lanes which are used for vehicle traffic in the same direction, for purposes of going to or returning from a nonhighway area of permissible operation, by the most direct route.

Subd. 2.

On a public sidewalk provided for pedestrian travel.

Subd. 3.

On boulevards within any public right-of-way.

Subd. 4.

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

Subd. 5.

On any other public place including parks except as may be specifically permitted by other provisions of the City's ordinances.

Subd. 6.

Anywhere in the City of Rockville between April 1 and November 1.

Section 6. Crossing Streets or Highways. A person operating a snowmobile may make a direct crossing of a street, roadway or highway EXCEPT an interstate highway or freeway provided: Subd. 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.

Subd. 2.

The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way.

Subd. 3.

The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard.

Subd. 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.

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Subd. 5.

No crossing of interstate highways or freeways shall be made at any time.

Subd. 6.

Front and rear lights shall be on at all times a snowmobile is in operation regardless of the time of day.

Section 7. City Ordinances Applicable. 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 can have no application or are inconsistent with the provisions herein. Section 8. Yielding of Right-of-Way. No snowmobile shall enter an uncontrolled intersection without making a complete stop. The operator shall yield the right-of-way to any motor vehicles, bicyclists or pedestrians at the intersection or so close to the intersection as to constitute an immediate hazard. Section 9. Operation by Persons Under 18. No persons under 14 years of age shall operate on streets or the roadway surface of highways, or make a direct crossing of a trunk, county state-aid, county highway, or 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 and highways as permitted under this ordinance and make a direct crossing of such streets and highways only if the person has in his or her immediate possession a valid snowmobile safety certificate issued pursuant to Minnesota Statue 84.872. It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section. Section 10. Unlawful Acts. It is unlawful for any person to operate a snowmobile within the City of Rockville under any of the following circumstances: Subd. 1.

If snowmobile is not licensed.

Subd. 2.

At any place under the influence of alcohol or drugs as defined in MN Statute 169.121 which is hereby incorporated herein by reference.

Subd. 3.

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

Subd. 4.

On public roadways at speeds greater than twenty (20) miles per hour.

Subd. 5.

At any place in a careless, reckless or negligent manner or heedlessly in disregard of the rights or safety of others or in a

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manner so as to endanger or cause injury or damage to any person or property. Subd. 6.

To intentionally drive, harass, chase, run over or kill an animal (wild or domestic).

Subd. 7.

During the hours from 11:00 p.m. to 6:00 a.m. of any day on a street or closer than one hundred (100) feet to any dwelling which is usually occupied by one or more persons, unless on a state-aid trail and except when traveling to or from a designated trail using the most direct route.

Subd. 8.

To tow any person or thing in a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile.

Subd. 9.

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

Subd. 10.

On routes posted NO SNOWMOBILING or to travel outside the corridor identified as a designated snowmobile trail. Snowmobiles should stay on designated routes except when traveling to or from a designated trail. A copy of the designated route is on file at the Rockville City Hall.

Section 11. Single File. Snowmobiles shall operate in single file when traveling in groups of two (2) or more. Section 12. Emergency Operation. Notwithstanding any prohibitions in this ordinance, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical. Section 13. Penalties. Any person who shall violate any provisions of the Minnesota Statutes contained in this ordinance shall be guilty of a misdemeanor. Any person who shall violate any provisions of this ordinance not covered by the Minnesota Statutes is guilty of a petty misdemeanor and subject to a penalty and/or fines. ADOPTED THIS 17TH DAY OF NOVEMBER, 2004 _____________________________ VERENA M. WEBER-CMC ADMINISTRATOR/CLERK

__________________________ BRIAN HERBERG MAYOR

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