Ordinance Number 03-17
THE MANAGEMENT ALL-TERRAIN VEHICLES WITHIN THE PUBLIC RIGHT-OF-WAY OF ROADS UNDER THE CITY’S JURISDICTION
SECTION 1: PURPOSE AND INTENT
WHEREAS, Minnesota Statutes §§ 84.92 – 84.928 regulate the operation of all-terrain vehicles; and
WHEREAS, Minnesota Statutes §§ 84.928 Subd. 1(a) and 84.928 Subd. 1(k) authorize cities to enact an ordinance which provides for the operation of all-terrain vehicles on a public road or street under its jurisdiction to access businesses and residences and to make trail connections; and
WHEREAS, Minnesota Statutes § 84.928 Subd. 6(c)(2) authorizes City Council action to enact an ordinance which provides for the operation of all-terrain vehicles on the road right-of-way shoulder, or inside bank or slope of a City street if safe operation in the ditch or outside slope is impossible, notwithstanding any law to the contrary; and
WHEREAS, the City of Mountain Iron has a general interest in allowing expanded use by all-terrain vehicles of the public road right-of-way of roads under the city’s jurisdiction to (1) make connections to businesses, residences and trail connections, and (2) because most ditches and outside slopes are impassible; and
WHEREAS, the City of Mountain Iron has an interest in establishing a permit process which allows limited permissive operation of all-terrain vehicles on certain public road right-of-way of roads under the City’s jurisdiction in a manner set forth in this ordinance.
SECTION 2: DEFINITIONS
All-terrain vehicle. An “All-terrain vehicle” shall be as defined in Minnesota Statutes § 84.92, as may be amended from time to time.
City. “City” means the City of Mountain Iron.
Class 1 all-terrain vehicle. A “Class 1 all-terrain vehicle” shall be as defined in Minnesota Statutes § 84.92, as may be amended from time to time.
Class 2 all-terrain vehicle. A “Class 2 all-terrain vehicle” shall be as defined in Minnesota Statutes § 84.92, as may be amended from time to time.
Corridor access trail. “Corridor access trail” means:
a. For Class 1 all-terrain vehicles, the outside slope, ditch bottom, inside slope, shoulder or where no shoulder exists, the extreme right-hand side of the driving surface, of a county road which connects two established all-terrain vehicle trails; Federal, state or county forest roads designated open to all-terrain vehicle use; designated Federal, state or county all-terrain vehicle trails or trails established and designated as all-terrain vehicle trails by another political subdivision, and which have been permitted pursuant to Minnesota Statutes 84.928 subdivision 1a(h).
b. For Class 2 all-terrain vehicles, the shoulder or where no shoulder exists, the extreme right-hand side of the driving surface, of a county road which connects two established all-terrain vehicle trails; Federal, state or county forest roads designated open to all-terrain vehicle use; designated Federal, state or county all-terrain vehicle trails or trails established and designated as all-terrain vehicle trails by another political subdivision, and which have been permitted pursuant to Minnesota Statute 84.928 subdivision 1a(h).
City Street. “City Street” means a road that is under the jurisdiction of the City of Mountain Iron.
Established all-terrain vehicle trail. “Established All-Terrain Vehicle Trail” means an all-terrain vehicle trail that has been designated as a Federal, State, County or other political subdivision all-terrain vehicle trail.
Person. “Person” means an individual or an organization as defined in Minnesota Statutes § 336.1-201 (b)(27).
Public road right-of-way. “Public road right-of-way” means the entire width of a public roadway, including the traveled lanes, banks, ditches, shoulders and medians of a roadway that is not privately owned.
SECTION 3: GENERAL OPERATION
A. On City streets, all-terrain vehicles may operate on the on the right-hand shoulder or the extreme right-hand side of a City Street in addition to where all-terrain vehicles are permissible to operate under §84.928 Subdivision 1, and left-hand turns may be made from any part of the City street if it is safe to do so under the prevailing conditions.
B. After the enactment of this Ordinance, the City Council may by resolution close or restrict any specific City street to all-terrain vehicle use.
C. The Public Works Director may in its sole discretion close streets to all-terrain vehicle use if damage to the roadway results or where public safety is adversely affected as a result of all-terrain vehicle use. Actions under this section may be reviewed by the City Council.
D. Except as provided in this Ordinance, all operation of all-terrain vehicles shall be in compliance with Minnesota Statutes §§ 84.92 – 84.928 and Minnesota Rules Chapter 6102, as well as any other applicable Federal, state or local statute, law, rule, regulation or ordinance.
SECTION 4: ENFORCEMENT AND PENALTY. Penalties shall be accordance with Section 10.99 of the Mountain Iron City Code.
SECTION 5: SEVERABILITY. If any clause, sentence, paragraph, subdivision, section, or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
SECTION 6: INCONSISTENT ORDINANCES. All Ordinances or portions thereof inconsistent with this Ordinance shall be repealed and replaced with the provisions of this Ordinance.
SECTION 7: CITY CODE. This Ordinance shall replace Chapter 72 of the Mountain Iron City Code in its entirety.
SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective in accordance with State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 3rd DAY OF APRIL, 2017.
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Mayor Gary Skalko
ATTEST:
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City Administrator
