HomeMy WebLinkAboutTITLE 06 Motor Vehicles And TrafficTITLE 6
MOTOR VEHICLES AND TRAFFIC
Subject Chapter
Miscellaneous Traffic Provisions ............................................ 1
Parking Regulations; Street Obstructions............................... 2
Golf Carts And Motorized Wheelchairs .................................. 3
Snowmobiles, All-Terrain Vehicles and Off-Highway Motorcycles 4
Abandoned, Disabled Vehicles .............................................. 5
CHAPTER 1
MISCELLANEOUS TRAFFIC PROVISIONS
SECTION:
6-1-1: Seasonal Weight Restrictions
6-1-2: Unreasonable Acceleration
6-1-1: SEASONAL WEIGHT RESTRICTIONS:
A. Definitions: Any term used in this section and defined in Minnesota
Statutes Section 160.02, as amended, has the same meaning given to it
by that section.
B. Authority To Impose Weight Restrictions: The City Engineer may prohibit
the operation of vehicles upon any street under his/her jurisdiction or
impose weight restrictions on vehicles to be operated on such street
whenever the street, by reason of deterioration, rain, snow, or other
climatic conditions, will be seriously damaged or destroyed unless the use
of the vehicles on the street is prohibited or the permissible weights are
reduced.
C. Signs Posted: Signs plainly indicating the prohibition or restriction
shall be posted at the appropriate locations as determined by the City
Engineer.
D. Violations; Penalty: No person shall operate a vehicle on a posted street in
violation of the prohibition or restriction. Any person who shall violate any
provision of this section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be punished as defined by State Law. (Ord. 215,
11-4-1997)
6-1-2: UNREASONABLE ACCELERATION:
A. Unreasonable Acceleration Prohibited: It shall be unlawful for any
person to operate or permit to be operated any motor vehicle on any
public street or highway, public or semipublic property in a manner
that creates or causes unreasonable acceleration.
B. Prima Facie Proof: Prima facie evidence of such unreasonable
acceleration shall be squealing or screeching sounds emitted by the tires
spinning or sliding upon the acceleration of said vehicle, or causing the
vehicle to unnecessarily turn abruptly or swerve from side to side.
C. Violation; Penalty: Any person who violates any of the provisions of this
section shall be guilty of a petty misdemeanor and shall be punished
according to State Law. (Ord. 251, 2-16-1999)
CHAPTER 2
PARKING REGULATIONS; STREET OBSTRUCTIONS
SECTION:
6-2-1: Parking Restrictions On Public Rights-Of- Way
6-2-2: Parking Boat Trailers
6-2-3: Obstructing Public Rights-Of-Way
6-2-4: Removal, Towing Of Vehicles
6-2-5: Citation
6-2-6: Violation; Penalty
6-2-1: PARKING RESTRICTIONS ON PUBLIC RIGHTS-OF-WAY:
A. Parking:
It shall be unlawful for any person to leave, park, permit or allow any
vehicle to stand or remain upon any city street or right-of-way or on the
traveled portion of the road or to obstruct the flow of traffic, unless for an
emergency, between the hours of one o’clock (1:00) A.M. and six o’clock
(6:00) A.M. from November 1 to April 15, except as provided by this
chapter. (Amended Ord. 416, 2-6-12)
B. Parking During Snowfall: It shall be unlawful to park or permit to be
parked, or to continue to park or permit to stand, any vehicle upon any city
street after two inches (2”) or more snowfall until such time as the snow
has been plowed from the street. (Amended Ord. 416, 2-6-12)
C. Vehicle Length And Weight Restrictions: It shall be unlawful for any
person to leave, park, permit, or allow any vehicle in excess of twenty four
feet (24’) in length or having a carrying weight in excess of one ton to
stand or remain upon any street or right-of- way or on the traveled portion
of the road or to obstruct the flow of traffic at any time of any day unless
such vehicle is being used for the purpose of moving goods from or to a
commercial or residential location within one block from where such
vehicle is located. In no instance shall any vehicle described as being in
excess of twenty four feet (24’) in length or having a carrying weight in
excess of one ton be left, parked or permitted to be parked on any street
or right-of- way, or in violation of any seasonal parking restrictions, or for a
period of more than two (2) continuous hours of any day unless prior
authorization from the City is obtained. (Amended Ord. 392, 5/18/10)
D. Property Other Than Vehicles: No property of any kind or description,
except motorized vehicles, together with property lawfully attached
thereto, may be parked, stored, or permitted to stand upon any city street
or right-of-way at any time, except as the same may be permitted by
resolution of the City Council.
E. Obstructing Mailboxes And Driveways: It shall be unlawful for any person
to leave, park or permit any vehicle to be parked in front of, or in such a
manner or place as to interfere with or hinder access by persons or
vehicles to, mailboxes or receptacles therefor, or to park or permit to be
parked any vehicle in such place or manner as to obstruct or hinder
access to any driveway, whether the same is public or private.
F. Additional Restrictions: Notwithstanding the foregoing restrictions, the City
Council may impose additional parking restrictions on streets within the
city if, in its opinion, such restrictions are necessary to protect the health,
safety and welfare of persons or property. Streets subject to such
additional restrictions shall be designated by City Council resolution, and
such restrictions shall not be enforced until posted notice thereof on such
streets has taken place. (Amended Ord. 218, 5-6-1997)
6-2-2: PARKING BOAT TRAILERS: The parking of boat trailers without
boats is prohibited on school property or within one thousand feet (1,000’) of the
Crooked Lake boat launch site. The following shall be exempt from the
requirements of this section:
A. Parking spaces specifically designated for boat trailer parking adjacent
to the boat launch site;
B. Boat trailers located on private property; and
C. Boat trailers owned and operated by The Department of Natural
Resources and the County Sheriff’s Department. (Amended Ord.
218, 5-6-1997)
6-2-3: OBSTRUCTING PUBLIC RIGHTS-OF-WAY: No person shall
deposit or permit to be deposited and leave on any public street in the city
leaves, grass, sand or similar materials, nor shall any person plow, shovel, or
blow or permit the blowing, shoveling or plowing of snow onto a public street in
the city and leaving it. This provision shall not apply to any person who is in the
process of constructing or maintaining a yard or drive; provided, that the
materials are immediately removed from the street. (Amended Ord. 218, 5-6-
1997)
6-2-4: REMOVAL, TOWING OF VEHICLES:
A. Authority: The designated law enforcement official is hereby authorized
and empowered to remove or cause to be removed any vehicle parked,
stored, stalled, or standing on city streets in violation of any of the
provisions of this chapter.
B. Removal Or Towing; Redemption: Said vehicles may be removed by
towing or otherwise and stored in garages or outside storage areas by
persons, individuals, or firms engaged in the general garage or towing
business within the city. Said vehicles shall not be removed from the
places where they are stored until the owners or authorized agents shall
have fully paid the costs incurred for towing and storage to the person or
firm who has furnished such service.
C. Unredeemed Vehicles; Lien For Costs: In the event that any vehicle held
or stored is not claimed or recovered by the owner thereof, there is
deemed to be imposed upon such vehicle a possessory lien for the
amount of the costs incurred for towing and storage. Such lien shall be
foreclosed in the manner provided by law for the foreclosure of
possessory liens.
D. Prima Facie Proof: Upon proof that a certain vehicle was parked, stored,
or allowed to stand in violation of this chapter and that a certain person is
the registered owner of said vehicle, this shall be prima facie evidence that
such person committed or authorized the commission of such violation.
(Amended Ord. 218, 5-6-1997)
6-2-5: CITATION: Community Service Officers or the County Sheriff’s
Department may issue citations for violations of this chapter; provided, that no
Community Service Officer may require a person served to sign a promise to
appear with respect to any such citation. (Amended Ord. 218, 5-6-1997)
6-2-6: VIOLATION; PENALTY: Any person, firm, or corporation violating
any provision of this chapter shall be guilty of a petty misdemeanor and, upon
conviction thereof, shall be subject to a fine as provided in the City Code.
(Amended Ord. 218, 5-6-1997; Amended Ord. 408, 7-6-11; Amended Ord. 416,
2-6-12)
CHAPTER 3
GOLF CARTS AND MOTORIZED WHEELCHAIRS
SECTION:
6-3-1: Definitions
6-3-2: Special Operator’s Permit
6-3-3: Operation On Private Property
6-3-4: Operation On Public Property
6-3-5: Violation; Penalty
6-3-1: DEFINITIONS: The following definitions apply in this chapter:
OPERATE: To ride in or on and control the operation of a golf cart
or motorized wheelchair.
PHYSICALLY DISABLED: Any person who:
A. Because of disability, cannot walk without
significant risk of falling;
B. Because of disability, cannot walk two hundred feet
(200’) without stopping to rest;
C. Because of disability, cannot walk without the aid
of another person, a walker, a cane, crutches, braces,
a prosthetic device, or a wheelchair;
D. Is restricted by a respiratory disease to such an
extent that the person’s forced (respiratory) expiratory
volume for one second, when measured by
spirometry, is less than one liter;
E. Has an arterial oxygen tension (PAO2) of less than
sixty (60) mm/hg on room air at rest;
F. Uses portable oxygen;
G. Has a cardiac condition to the extent that the
person’s functional limitations are classified as class
III or class IV according to standards set by the
American Heart Association;
H. Has lost an arm or leg and does not have or
cannot use an artificial limb; or
I. Has a disability that would be aggravated by
walking two hundred feet (200’) under normal
environmental conditions to an extent that would be
life threatening.
RIGHT-OF-WAY: A strip of land occupied or intended to be occupied
by a street, crosswalk, railroad, electric
transmission line, oil or gas pipeline, water main,
sanitary or storm sewer main, shade trees, or other
conditional use.
ROADWAY: That portion of a highway improved, designed, or
ordinarily used for vehicular travel.
SPECIAL OPERATOR’S
PERMIT: A permit of operation with prescribed
restrictions on operation times, designated
roadways, or other limits deemed reasonable
by the city.
SPECIAL VEHICLES: Shall be limited to motorized golf carts or motorized
wheelchairs.
TRUNK HIGHWAYS: All Interstate highways, all U.S. highways, and all
state highways.
WHEELCHAIR: Any manual or motorized wheelchair, scooter,
tricycle, or similar device used by a physically
disabled person as a substitute for walking. (Ord.
254, 5-4-1999)
6-3-2: SPECIAL OPERATOR’S PERMIT:
A. Permit Authorized: A special operator’s permit may be issued by
the City Clerk for operation within the city limits.
B. Qualified Applicants: Any physically disabled person may apply for a
special operator’s permit that would allow the operation of a special
vehicle to be operated by that physically disabled person on prescribed
streets and during specified hours.
C. Application For Permit: The permit application shall include the following
information:
1. Name and address of applicant.
2. The nature of the disability.
3. Special vehicle make and model.
4. The requested roadways on which the applicant wishes to use the
vehicle.
5. Other information the City deems appropriate.
D. Review Criteria: The special operator’s permit request will be reviewed
on a case by case basis, and the following criteria may be used to limit
operation of said vehicle:
1. Operation is limited to designated roadways established by the City
Clerk.
2. The City Clerk shall specify hours of operation.
3. Vehicles must display the slow moving vehicle emblem.
4. Operation is limited to the person identified as physically disabled.
5. Applicant shall provide physician’s verification of the disability and the
ability to safely operate a special vehicle.
6. The applicant shall identify the vehicle make and model.
7. Applicant must provide evidence of insurance in compliance with
provisions of Minnesota Statutes Section 65B.48, Subdivision 5.
E. Term Of Permit; Renewals: The permit shall be granted for a period not to
exceed one year and may be renewed after annual review by the City
Clerk.
F. Records Kept; Annual Review: A permanent record of all special operator’s
permits shall be maintained and annually reviewed by the City Clerk.
G. Revocation Of Permit: The permit may be revoked if it is found that the
special operator’s permit restrictions are violated. (Ord. 254, 5-4-1999)
6-3-3: OPERATION ON PRIVATE PROPERTY: No person shall operate
a special vehicle on lands not owned by the person without the written or oral
permission of the owner, occupant, or lessee of such lands; provided, that in the
case of oral permission, the owner, occupant, or lessee of such lands is present.
(Ord. 254, 5-4-1999)
6-3-4: OPERATION ON PUBLIC PROPERTY:
A. Permit Required: No person shall operate a special vehicle within the
right-of-way of any trunk, state, county state aid or county highway, or
city street within the city, except as allowed under Section 6-3-2 of
this chapter.
B. Ride On Shoulder Or To Right: On right-of-way designated for city
streets, special vehicles shall be permitted only on the shoulder of the
roadway, or, in the absence of an improved shoulder, on the right hand
most portion of the roadway, and in the same direction as the street
traffic on the nearest lane of the roadway adjacent thereto.
C. Hours Prohibited: No person shall operate a special vehicle within the
right-of-way of any trunk, county state aid, or county highway between
the hours of one-half (1/2) hour after sunset and one-half (1/2) hour
before sunrise. (Ord. 254, 5-4-1999)
6-3-5: VIOLATION; PENALTY: Any person, firm, corporation, or
voluntary association which violates any provision of this chapter shall be guilty
of a petty misdemeanor and, upon conviction thereof, shall be subject to a fine as
provided in the City Code. (Ord. 254, 5-4-1999; Amended Ord. 416, 2-6-12)
CHAPTER 4
SNOWMOBILES, ALL-TERRAIN VEHICLES, AND OFF-HIGHWAY
MOTORCYCLES
SECTION:
6-4-1: Definitions
6-4-2: Age Restrictions For Snowmobile Operation
6-4-3: Prohibited And Permitted Areas
6-4-4: Operation On Public Property
6-4-5: Operation on Private Property
6-4-6: Equipment Requirements
6-4-7: Unattended Snowmobiles
6-4-8: Chasing Animals Prohibited
6-4-9: Exemptions From Provisions
6-4-10: Violation; Penalty
6-4-1: DEFINITIONS: Unless the context clearly indicates otherwise, the
words, combinations of words, terms, and phrases as used in this chapter shall
have the meanings set forth in this section:
ALL-TERRAIN
VEHICLE: A motorized flotation-tired vehicle of not less than three (3)
low pressure tires, but not more than six (6) low pressure
tires, that is limited in engine displacement of less than
eight hundred (800) cubic centimeters and total dry weight
less than six hundred (600) pounds.
BOULEVARD: That portion of the street right-of-way between the curb
line and the property line.
OFF-HIGHWAY
MOTORCYLCE
(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 chapter 168 for highway use
when it is used for off-highway operation on trails or
unimproved terrain. (M.S. 84.787 subd. 7) (Amended Ord.
328, 5-2-2006)
OPERATE: To ride in or on, and control the operation of, a snowmobile
or all-terrain vehicle.
OPERATOR: Every person who operates, or is in actual physical control
of a snowmobile or all-terrain vehicle.
OWNER: A person, other than a lien holder, having the property in
or title to snowmobiles or all-terrain vehicles, and entitled
to the use or possession thereof.
PUBLIC LANDS: Public parks, playgrounds, trails, paths, and other public
open spaces; scenic and historic sites; schools, and other
public buildings and structures.
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.
ROADWAY: That portion of a highway improved, designed, or
ordinarily used for vehicular travel, including the
shoulder, but not including the boulevard.
SAFETY OR A device which, when pressure is removed from the
DEADMAN engine accelerator or throttle, causes the motor to be
THROTTLE: disengaged from the driving track.
SNOWMOBILE: A self-propelled vehicle designed for travel on snow or ice
and steered by skis or runners.
URBAN DISTRICT: The territory contiguous to and including any street which
is built up with structures devoted to business, industry, or
dwelling houses situated at intervals of less than one
hundred feet (100'), for a distance of a quarter mile or
more. (Amended Ord. 109, 6-6-1995)
6-4-2: AGE RESTRICTIONS FOR SNOWMOBILE OPERATION:
A. Age Restrictions: No person under fourteen (14) years of age shall
operate on streets or highways, or make a direct crossing of a street or
highway, as the operator of a snowmobile. A person fourteen (14) years of
age or older, but less than eighteen (18) years of age, may operate a
snowmobile on streets or highways as permitted under this chapter, and
make a direct crossing thereof, only if he/she has in his immediate
possession a valid snowmobile safety certificate issued by the
Commissioner of Natural Resources, as provided by Minnesota Statutes
Section 84.86, as amended.
B. Responsibility Of Snowmobile Owner: It is unlawful for the owner of a
snowmobile to permit the snowmobile to be operated contrary to the
provisions of this section. (Amended Ord. 109, 6-6-1995)
6-4-3: PROHIBITED AND PERMITTED AREAS:
A. Prohibited Areas: No person shall operate an all-terrain vehicle, off-
highway motorcycle or snowmobile south of the line legally described in
Exhibit A attached to Ordinance 109 and on file in the office of the City
Clerk for public use and inspection, with the exception of designated
snowmobile trails or areas that have been approved by the City Council
and private property, as regulated in 6-4-5, provided permission is
granted by the owner, occupant, or lessee of such land. (Amended Ord.
563, 7/16/24)
B. Permitted Areas: The operation of all-terrain vehicles, off-highway
motorcycles or snowmobiles is permitted north of the described line as
shown in Exhibit A attached to ordinance 109 on file in the office of the
City Clerk for public use and inspection. The following designated trails or
areas south of this line are permitted (Amended Ord. 563, 7/16/24):
1. On Round Lake (when frozen) when access can be legally obtained.
2. On Crooked Lake (when frozen) when access can be legally obtained.
(Amended Ord. 109, 6-6-1995; amd. 2003 Code)
6-4-4: OPERATION ON PUBLIC PROPERTY: No snowmobile, off-
highway motorcycle or all-terrain vehicle shall be operated on public property
within the city in violation of the following provisions (Amended Ord. 563,
7/16/24):
A. Within the city including, but not limited to: school grounds, park
property, playgrounds, recreation areas and golf courses, except,
snowmobiles may be operated on designated snowmobile trails or
designated access thereto.
B. Upon the roadway, shoulder, inside bank or slope of any trunk, county
state aid, or county highway within the city and, in the case of a divided
trunk or county highway, on the right-of-way between the opposing lanes
of traffic.
C. On city streets, except on the shoulder of the roadway or, in the absence
of an improved shoulder, on the right hand most portion of the roadway
(not on boulevard areas), and in the same direction as the street traffic on
the nearest lane of the roadway adjacent thereto. In addition,
snowmobiles, off-highway motorcycles or all-terrain vehicles shall take
the shortest route on any city street to access any county road, county
state aid highway, or any designated snowmobile trails. (Amended Ord.
563, 7/16/24)
D. On a public sidewalk or walkway provided or used for pedestrian travel.
E. At any place while under the influence of an alcoholic beverage or
controlled substance.
F. At any speed in excess of fifteen (15) miles per hour on any public city
street, or elsewhere at a rate of speed greater than reasonable or proper
under all the surrounding circumstances.
G. At any speed in excess of fifteen (15) miles per hour on any county road
or county state aid highway in an urban district. All other county roads
and county state aid highways not in an urban district must comply with
Minnesota Statutes, or elsewhere at a rate of speed greater than
reasonable or proper under all the surrounding circumstances.
H. At a speed greater than fifteen (15) miles per hour when within one
hundred feet (100') of any riverbank or lakeshore; or within one hundred
feet (100') of fishermen, icehouses, or skating rinks; nor shall operation
be permitted within one hundred feet (100') of any sliding area; nor
where the operation would conflict with the lawful use of property, or
would endanger other persons or property.
I. At any place in a careless, reckless, or negligent manner, so as to
endanger the person or property of another, or to cause injury or
damage thereto.
J. In a manner so as to create loud, unnecessary, or unusual noise, which
disturbs, annoys, or interferes with the peace and quiet of another.
K. On any days between the hours of eleven o'clock (11:00) P.M. and eight
o'clock (8:00) A.M.; except, on Saturday and Sunday, the restriction shall
be between one o'clock (1:00) A.M. and eight o'clock (8:00) A.M.
L. So as to tow any person or thing on a public street or highway, except
through use of a rigid tow bar attached to the rear of the snowmobile or
all-terrain vehicle.
M. Within fifteen feet (15') of any public sidewalk, walkway, or trail.
N. In a tree nursery or planting in a manner that damages or destroys
growing stock.
O. Authorized snowmobiles, off-highway motorcycles and all-terrain vehicles
may be used on any public property within the city for rescue,
emergency, or law enforcement purposes. (Amended Ord. 563, 7/16/24)
P. A snowmobile, off-highway motorcycle or all-terrain vehicle may make a
direct crossing of a street or highway, provided (Amended Ord. 563,
7/16/24):
1. The crossing is made at an angle of approximately ninety degrees (90°)
to the direction of the street or highway, and at a place where no
construction prevents a quick and safe crossing.
2. The snowmobile, off-highway motorcycle or all-terrain vehicle is brought
to a complete stop before crossing the shoulder or main traveled way of
the highway. (Amended Ord. 563, 7/16/24)
3. The driver yields the right of way to all oncoming traffic, which
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.
5. If the crossing is made between the hours of one-half (1/2) hour after
sunset to one-half (1/2) hour before sunrise or, in conditions of reduced
visibility, only if both front and rear lights are on.
6. A snowmobile, off-highway motorcycle or all-terrain vehicle may be
operated upon a bridge other than a bridge that is the main traveled lanes
of an interstate highway, when required for the purpose of avoiding
obstructions to travel when no other method of avoidance is possible,
provided the snowmobile, off-highway motorcycle or all-terrain vehicle is
operated in the extreme right hand lane, the entrance to the roadway is
made within one hundred feet (100') of the bridge, and the crossing is
made without undue delay. (Amended Ord. 563, 7/17/24)
Q. No snowmobile, off-highway motorcycle or all-terrain vehicle shall enter
any controlled intersection without making a complete stop. The operator
shall then yield the right-of- way to any vehicles or pedestrians that
constitute any immediate hazard. (Amended Ord. 563, 7/16/24)
R. An all-terrain vehicle, off-highway motorcycle or snowmobile may be
operated upon any public street or highway in any emergency during the
period of time when and at locations where the condition of the roadway
renders travel by automobile impossible. (Amended Ord. 109, 6-6-1995;
amd. 2003 Code; Amended Ord. 563, 7/17/24)
6-4-5: OPERATION ON PRIVATE PROPERTY: The operation of all-
terrain vehicles and off-highway motorcycles shall be prohibited in the
following areas:
A. Any property in the R-2, R-3, or R-4 zoning district.
B. Any property less than 2.5 acres in size.
C. Off-highway motorcycles and ATV’s shall not be operated between the
hours of 8:00 PM and 8:00 AM within the City.
D. Exception: ATV’s may be used in the above areas for tasks directly
related to property maintenance or improvement, such as snowplowing,
hauling or lawn maintenance. (Amended Ord. 328, 5-2-06)
6-4-6: EQUIPMENT REQUIREMENTS: It is unlawful for any person to
operate a snowmobile, off-highway motorcycle or all-terrain vehicle any
place within the corporate limits of Andover unless it is equipped with the
equipment set forth as follows (Amended Ord. 563, 7/16/24):
A. Muffler; Cutout, Bypass: Standard mufflers which are properly 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 a snowmobile
motor, and the exhaust system shall not emit or produce a sharp popping
or crackling noise.
B. Brakes: Brakes adequate to control the movement of, and to stop and
hold, the snowmobile, off-highway motorcycle or all-terrain vehicle under
any conditions of operation. (Amended Ord. 563, 7/16/24)
C. Safety Throttle: A safety or so-called "deadman" throttle in operating
condition so that when pressure is removed from the accelerator or
throttle, the motor is disengaged from the driving track.
D. Lights:
1. 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 feet
(100') ahead during the hours of darkness under normal atmospheric
conditions. Such headlamp shall be so aimed that glaring rays are not
projected into the eyes of an oncoming vehicle operator.
2. It shall 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 feet (500') to the rear during the hours of
darkness under normal atmospheric conditions.
3. Such equipment shall be in use when the vehicle is operated between
the hours of one-half (1/2) hour after sunset, or one-half (1/2) hour before
sunrise, or at times of reduced visibility. (Amended Ord. 109, 6-6-1995)
6-4-7: UNATTENDED SNOWMOBILES: Every person having a
snowmobile in a public place shall lock the ignition, remove the key and take the
same with him. (Amended Ord. 109, 6-6-1995)
6-4-8: CHASING ANIMALS PROHIBITED: It is unlawful to intentionally
drive, chase, run over, kill, otherwise take or attempt to take any animal, wild or
domestic, with a snowmobile, off-highway motorcycle or all-terrain vehicle .
(Amended Ord. 109, 6-6-1995; amd. 2003 Code; Amended Ord. 563, 7/16/24)
6-4-9: EXEMPTIONS FROM PROVISIONS: The City's enforcement
agency or the County Sheriff's Department, in order to provide enforcement, shall
be exempt from the requirements of this chapter. (Amended Ord. 109, 6-6-1995)
6-4-10: VIOLATION; PENALTY: Any person violating any provision
of this chapter shall be guilty of a petty misdemeanor and, upon conviction
thereof, shall be subject to a fine as provided in the City Code. (Amended Ord.
109, 6-6-1995; amd. 2003 Code; Amended Ord. 416, 2-6-12)
CHAPTER 5
ABANDONED, DISABLED VEHICLES
SECTION:
6-5-1: Narrative; Nuisance Declared
6-5-2: Definitions
6-5-3: Vehicles Exempt From Provisions
6-5-4: Abandoned Vehicle On Private Property
6-5-5: Impoundment Of Abandoned Vehicles
6-5-6: Vehicles To Be Tagged
6-5-7: Report Of Impoundment
6-5-8: Reclamation Of Impounded Vehicle
6-5-9: Public Sale Of Unclaimed Vehicle
6-5-10: Enforcement; Entry Powers
6-5-11: Violation
6-5-1: NARRATIVE; NUISANCE DECLARED: The accumulation and
storage of abandoned, wrecked, junked, partially dismantled, or inoperative
vehicles within the city is hereby found to create a condition which reduces the
value of private property, invites plundering, creates fire hazards, attracts vermin,
and constitutes an attractive nuisance creating a hazard to the health and safety
of the public. The accumulation and outside storage of such vehicles is
determined to be of the nature of rubbish, litter and unsightly debris, which
adversely affects the health, safety and general welfare of the community.
Therefore, the accumulation and storage of such vehicles on public or private
property is hereby declared to constitute a public nuisance, which may be abated
as provided herein or as provided under any other ordinance of the City.
(Amended Ord. 245, 10-6-1998)
6-5-2: DEFINITIONS: The following definitions and terms shall apply in
the interpretation and enforcement of this chapter:
ABANDONED MOTOR
VEHICLE: A motor vehicle, as defined by Minnesota Statutes
Section 169.01, which has remained for more than
forty eight (48) hours in a condition described by
one of the following:
A. On public property in violation of either the
Minnesota Statutes or City ordinance;
B. On private property without consent of the person
in control of the property;
C. Disabled;
D. Without license plates conspicuously displayed
thereon; or
E. With license plates, which have an expiration date
more than ninety (90) days prior to the date of
inspection.
DISABLED: Partially or completely dismantled or appearing
either to be undrivable or to be lacking any of
those parts of a motor vehicle which are essential
to the functioning of the vehicle, including, but not
limited to, the motor, drive train, and wheels.
OFFICIAL NEWSPAPER: The newspaper adopted by the City Council on an
annual basis for which public hearings and notices
are published to inform the general public.
PRIVATE PROPERTY: All property not defined as public herein provided.
PUBLIC PROPERTY: Property in control of any government or its
agencies. The traveled portion of a street, for the
purpose of this chapter, is not public property, but
that portion of the right-of-way between the traveled
portion of a street and the adjacent property line is
public property.
TOWING CONTRACTOR: A person under contract by the City. (Amended Ord.
245, 10-6-1998)
6-5-3: VEHICLES EXEMPT FROM PROVISIONS: The following vehicles
shall not be considered abandoned motor vehicles:
A. A classic or pioneer car, as defined in Minnesota Statutes Section 168.10;
provided that it is kept secure and as long as it has substantial potential
further use consistent with its usual function;
B. Vehicles on the premises of a motor vehicle and parts dealer, junkyard,
junk dealer, motor vehicle salvage dealer, automobile repair garage, or
body shop, which is licensed by the City;
C. A vehicle kept inside an enclosed garage or storage building; and
D. A vehicle which is registered to the owner or occupant of the property
and which is being kept for repair on the property; provided, that the
vehicle is kept for no longer than ten (10) days in a disabled condition
and is kept secure from entry, and provided that only one disabled
vehicle may be kept on the property at any given time. (Amended Ord.
245, 10-6-1998)
6-5-4: ABANDONED VEHICLE ON PRIVATE PROPERTY:
A. Abandoned Vehicles Prohibited: No person in charge or control of private
property, whether as owner, tenant, occupant, lessee or otherwise, shall
allow an abandoned motor vehicle to remain on such property.
B. Warning Notice:
1. If the City determines that any person in charge or control of private
property is in violation of any section of this chapter, the City shall serve
upon said violator a ten (10) day warning notice specifying the following:
a) the nature of the violation in detail; b) the penalty for the continued
violation; and c) such action that is necessary to correct the violation. The
notice shall further state that any person, firm, corporation or voluntary
association which violates or refuses to comply with any of the provisions
of this chapter shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished as defined by State Law. Each day that a
violation is permitted to exist shall constitute a separate offense.
2. Any violator who is served with a ten (10) day warning notice, as
mentioned above, who responds by moving the item that is in violation to
a new location within the city limits which is also in violation of this
chapter, shall be considered to be in continued violation, and the original
ten (10) day warning notice grace period shall continue to run in the same
manner as if the violator had not moved the item from the original location.
C. Injunction To Abate Nuisance: The City Attorney may make an application
for injunction to the District Court, or other court of competent jurisdiction,
pursuant to the Minnesota Rules of Civil Procedure and Minnesota law,
authorizing entry onto land and the removal of property necessary to
correct and abate the nuisance.
D. Notice Of Taking:
1. Following a court order for abatement, the Police/Sheriff's Department
shall give notice to the property owner or owner of said abandoned vehicle
of the taking. The notice shall set forth the date and place of the taking,
the year, make, model and serial number of the abandoned motor vehicle
and the place where the vehicle will be held, shall inform the
owners and any lien holders of their right to reclaim the vehicle under
Section 6-5-8 of this chapter and shall state that failure of the owner or
lien holders to exercise their right to reclaim the vehicle shall be deemed a
waiver by them of all right, title and interest in the vehicle and a consent
to the sale of the vehicle at a public auction pursuant to Section 6-5-9 of
this chapter.
2. The notice shall be sent by mail to the registered owner, if any, of the
abandoned motor vehicle and to all readily identifiable lien holders of
record. If it is impossible to determine with reasonable certainty the
identity and address of the registered owner and all lien holders, the notice
shall be published once in the official newspaper of the City. (Amended
Ord. 245, 10-6-1998)
6-5-5: IMPOUNDMENT OF ABANDONED VEHICLES: The City
Administrator, towing contractor, or other authorized persons are hereby
authorized to remove or have removed any motor vehicle left at any place within
the city which is in violation of this chapter, or is lost, stolen or unclaimed. The
impounding and taking into custody of a motor vehicle pursuant to this chapter
shall be done with the assistance of a County Sheriff/Police officer. A
Sheriff/Police officer, City Administrator or duly authorized agents may enter
upon private property, after a hearing and the issuance of a court order, at all
reasonable hours for the purpose of inspecting and removing such vehicle, and it
shall be unlawful for any person to prevent a Sheriff/Police Officer, City
Administrator or duly authorized agents from entering on private property for the
purposes of carrying out their duties hereunder or to interfere with him/her in the
lawful performance of his/her duties. (Amended Ord. 245, 10-6-1998)
6-5-6: VEHICLES TO BE TAGGED: Any vehicle ordered impounded by
the City under this chapter shall immediately be tagged for identification by the
City Administrator or duly authorized agents. Such tag shall show the disposition
of the vehicle ordered by the City Administrator or duly authorized agents, and
the reason for which impounded. The tag shall be delivered to the towing
contractor with the tow sheet. (Amended Ord. 245, 10-6-1998)
6-5-7: REPORT OF IMPOUNDMENT:
A. The Sheriff/Police Officer or other authorized person directing the
impounding of any vehicle shall prepare a written report of the description
of such vehicle. Such report shall, among other things, include the
following:
1. Make of vehicle.
2. License number and expiration date.
3. Color of vehicle.
4. Number of tires.
5. Tools and other separate articles of personal property.
6. General description of the car with regard to condition, damaged parts,
and other such information as may be necessary to describe adequately
the vehicle and property delivered to the towing contractor.
B. A copy of such report, signed by the City Administrator or duly authorized
agents, shall be delivered to the towing contractor at the time of
impounding. The towing contractor shall check such report, and his/her
signature thereon shall be considered a receipt for the vehicle and
property described in said report. The original and one copy of said report
and the towing contractor's receipt shall be filed at Andover City Hall.
(Amended Ord. 245, 10-6-1998)
6-5-8: RECLAMATION OF IMPOUNDED VEHICLE:
A. The owner or any lien holder of an abandoned motor vehicle shall have
a right to reclaim such vehicle from the City upon payment of all towing
and storage charges resulting from taking the vehicle into custody within
fifteen (15) days after the date of the notice required by Subsection 6-5-
4D of this chapter.
B. Nothing in this chapter shall be construed to impair any lien of a garage
keeper under the laws of the state or the right of a lien holder to
foreclose. For the purposes of this section, "garage keeper" is an
operator of a motor vehicle storage facility, or an operator of an
establishment for the servicing, repair or maintenance of motor
vehicles. (Amended Ord. 245, 10-6-1998)
6-5-9: PUBLIC SALE OF UNCLAIMED VEHICLE:
A. Public Sale: An abandoned motor vehicle taken into custody and not
reclaimed within thirty (30) days by the owner shall be sold to the highest
bidder at a public auction or sale following reasonable published notice
thereof. The owner shall be given a receipt in a form prescribed by the
agency, which shall be sufficient title to dispose of the vehicle. The receipt
shall also entitle the purchaser to register the vehicle and receive a
certificate of title, free and clear of all liens and claims of ownership.
B. Disposition Of Proceeds: From the proceeds of the sale of an abandoned
motor vehicle, the City shall reimburse itself for the cost of towing,
preserving and storing the vehicle, and all notice and publication costs
incurred pursuant to this chapter. Any remainder from the proceeds of a
sale, if unclaimed, shall be deposited in the State Treasury. (Amended
Ord. 245, 10-6-1998)
6-5-10: ENFORCEMENT; ENTRY POWERS: The City Administrator or
duly authorized agents, with a court order, may enter upon all public and private
places at any reasonable time for the purpose of enforcing this chapter.
(Amended Ord. 245, 10-6-1998)
6-5-11: VIOLATION: Any person who abandons a motor vehicle on any
public or private property, without the consent of the person in control of such
property, or who violates any provision of this chapter shall be guilty of a petty
misdemeanor and, upon conviction thereof, shall be subject to a fine as provided
in the City Code. (Amended Ord. 245, 10-6-1998; Amended Ord. 416, 2-6-12)