ORDINANCE NO. 347, 2nd Series

ORDINANCE NO. 347,
2nd Series

AN ORDINANCE OF THE CITY OF ELY, MINNESOTA, AMENDING ELY CITY CODE, CHAPTER 8, SECTION 8.09, REGULATING THE USE OF ATVS

THE COUNCIL OF THE CITY OF ELY DOES HEREBY ORDAIN:

SECTION 1. Chapter 8 as Section 8.09, of the Ely City Code shall be amended to read as follows:

SEC. 8.09. REGULATING THE USE OF ATVS

Subd. 1. Definitions.

A. “All Terrain Vehicle (ATV)”. Defined in Minn. Stat. § 84.92, Subd.8

B. “ATV Trail”. ATV trails mean the property designated and posted for use by ATV’s which approximately surrounds the platted portion of the City of Ely. Specific boundaries and a map of such trails are available for inspection at the Ely City Clerk’s Office.

C. “Boulevard”. The area of the public roadway lying between the sidewalks and that portion of the right of way of any public street or road used for motor vehicle traffic.

D. “Class 1”. Defined in Minn. Stat. § 84.92, Subd.9

E. “Class 2”. Defined in Minn. Stat. § 84.92, Subd.10

F. “Dead-Man” or “Safety Throttle”. A device which, when pressure is removed from the accelerator or throttle, causes the motor to be disengaged from the drive train.

G. “Off Highway Motorcycles (OHM)”. A motorized, off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered under Minn. Stat. Chapter 168 for highway use if it is also used for off-highway operation on trails or unimproved terrain.

H. “Operate”. To ride in or on and control the operation of the ATV.

I. “Operator”. Every person who operates or is in actual physical control of an ATV.

J. “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.

K. “Register”. The act of assigning a registration number to an ATV per Minn. Stat. §84.922.
Subd. 2. Permitted Areas. Operation of ATV shall be permitted on designated on:

A. The bank, slop, or ditch of a public right-of-way or roadway, except Sheridan Street.

B. All County Roads within the City of Ely.

C. The following streets are “permitted corridors access trails” within the City:

1. West Harvey Street– 5th Avenue West to Central Avenue
2. Central Avenue – Camp Street to Pattison Street
3. Pattison Street – Central Avenue to 8th Avenue East
4. 8th Ave East – Pattison Street to Camp Street
5. White Street – 8th Ave East to 17th Ave East
6. 19th Ave East – Camp Street to Old Airport Road
7. Old Airport Road East of Hwy 1
8. Pioneer Road - Camp Street to Grant McMahon Blvd

OHMs may only be operated on “permitted corridor access trails,” as described above.

Subd. 3. Prohibited Areas. It shall be unlawful for any person to operate an ATV in the City of Ely in the following locations:

A. On private property of another without the express permission to do so by the owner or occupant of said property.

B. On public school grounds, public park property, playgrounds, cemeteries, winter recreational areas, on any trail designed by the City of Ely as an exclusively non-motorized trail in the City of Ely, or any other public place unless the operator has express permission by the proper public authority.

Subd. 4. Prohibited Use. It shall be unlawful for any person to operate an ATV:

A. At a speed greater than 20 miles per hour on a municipal street or 15 miles per hour in an alley.

B. In a manner so as to create loud, unnecessary noise so as to disturb or interfere with the peace and quiet of another person.

C. In a careless or reckless manner as defined in Minn. Stat. §169.13 or in a negligent manner.

D. While under the influence of drugs or alcohol as defined in Minn. Stat. §169.121.

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

F. With more persons on the vehicle than it was designed for.

G. While performing stunts, acrobatics, racing, or games of any sort.

H. Without proof of liability insurance, but only if, in the future, the Minnesota Legislature requires it.

Subd. 5. Prohibited Use or Owner Allowance. It shall be unlawful for any person to operate or the owner to allow:

A. Operation of an ATV by any person under the age of 16 years old, except a person 12-15 years of age may operate an ATV on public lands and frozen waters and make direct crossing of roadways with a valid safety certificate if accompanies on another ATV by a person 18 or older who has a valid driver’s license

B. Operation or riding of an ATV by any person under the age of 18 years old without the use of an approved safety helmet.

C. Operation of an ATV unless the ATV has been registered as provided by Minn. Stat. §84.922.

D. Operation of an ATV which is contrary to the provisions of this Ordinance.

Subd. 6. Operation on Streets or Highways.

A. The operator of an ATV shall yield the right of way to any vehicle or pedestrians at any intersection or alley, or so close to the intersection or alley so as to constitute an immediate hazard. A complete stop shall be made before crossing any intersection or alley.

B. All provisions of Chapter 169 and Sections 84.92 through 84.929 of the Minnesota Statutes and all City of Ely Ordinances regulating traffic shall apply to the owner and operator of any ATV upon a street or highway, except those which by their nature have no application.

Subd. 7. Required Equipment. No person shall operate, or allow to be operated, any ATV within the City of Ely unless it has the following equipment:

A. Mufflers, spark arresters and other exhaust devices that comply with the requirements of Ely City Code, Chapter 10, Section 10.29, Subdivision 2(c).

B. Brakes adequate to control the movement of and to stop and hold the ATV under any condition of operation which conform to the standards set forth by the Commissioner of Public Safety.

C. At least one headlight and one taillight, each of a minimum candlepower as prescribed by the Commissioner of Public Safety.

D. Minimum area of at least 16 square inches of reflectorized material mounted on each side of the ATV forward of the handlebars.

E. A safety or so-called “dead man” throttle.

Subd. 8. Parents or Guardians. Parents or guardians shall be held responsible for all damages or wrongful acts conducted by a minor operating an ATV within the City of Ely.

Subd. 9. Signal from Officer to Stop. After receiving a visual or audible signal from a Law Enforcement Officer to come to a stop, it is unlawful for an ATV operator to: operate an ATV in a willful or wanton disregard of the signal to stop; interfere with or endanger the Law Enforcement Officer or any other person or vehicle; or increase speed or attempt to flee or elude the Officer. A violation of this subdivision shall constitute a misdemeanor.

Subd. 10. Penalties. Except for a violation of Subdivision 8, any person violating the terms of this Section shall be guilty of a petty misdemeanor, and upon conviction thereof, be fined a sum not to exceed $200.00. A second offense within twelve calendar months shall constitute a misdemeanor, and upon conviction thereof, the person shall be fined a sum not to exceed $700.00 or shall be imprisoned not more than ninety (90) days, or both.

Subd. 11. Severability. If any provisions of this Section shall be adjudged or deemed void or of no effect, for any reason whatsoever, such decision shall not affect the validity of any of the other provisions of this Ordinance.

SECTION 2. Effective Date: Pursuant to Section 3.08 of the Charter of the City of Ely, Minnesota, the adoption of this Ordinance is effective immediately after final adoption and publication.

First Reading: September 21, 2021

Publication Date: September 25, 2021
Newspaper: Ely Echo