HomeMy WebLinkAboutOrd. 254 - Operation of Carts/Wheelchairs on Roadways
CITY OF ANDOVER
COUNTYOFANOKA
STATE OF MINNESOTA
ORDINANCE NO. 254
An Ordinance repealing Ordinance No. 90 adopted January 17, 1989.
AN ORDINANCE REGULATING THE OPERATION OF GOLF CARTS AND
MOTORIZED WHEELCHAIRS BY PHYSICALLY DISABLED PERSONS ON
PUBLIC ROADWAYS WITHIN THE CITY OF ANDOVER.
The City Council of the City of Andover hereby ordains as follows:
Section 1.
Definitions.
The following definitions apply in this ordinance:
Overate
motorized wheelchair.
to ride in or on and control the operation of a golf cart or
Physically Disabled
any person who:
1) because of disability cannot walk without significant risk of falling;
2) because of disability cannot walk two hundred (200) feet without stopping
to rest;
3) because of disability cannot walk without the aid of another person, a walker, a
cane, crutches, braces, a prosthetic device, or a wheelchair;
4) is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one (1) second, when measured by spirometry,
is less than one (1) liter;
5) has an arterial oxygen tension (P A02) of less than sixty (60) mm/Hg on room air
at rest;
6) uses portable oxygen;
7) 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;
8) has lost an arm or leg and does not have or cannot use an artificial limb; or
9) has a disability that would be aggravated by walking two hundred (200) feet
under normal environmental conditions to an extent that would be life
threatening.
Riflht-of-Wav a strip ofland 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 special use,
1
Roadwav
used for vehicular travel.
that portion of a highway improved, designed, or ordinarily
Special Operator's Permit a permit of operation with prescribed restrictions on
operation times, designated roadways, or other limits deemed reasonable by the City of
Andover.
Special Vehicles for the purposes of this ordinance, special vehicles shall be
limited to motorized golf carts or motorized wheelchairs.
Wheelchair any manual or motorized wheelchair, scooter, tricycle, or
similar device used by-a physically disabled person as a substitute for walking.
Section 2.
ODeration on Private Propertv.
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.
Section 3.
ODe ration on Public Propertv.
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 of Andover, except
allowed under Section 4 of this ordinance.
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,
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 hour after sunset and one-half
hour before silllrise.
Section 4.
SDecial Operator's Permit.
A. Application.
A Special Operator's Permit may be issued by the City Clerk for the operation
within the City limits. The permit application shall include the following
information:
1) Name and address of applicant.
2) The nature of the disability.
2
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. .
B. Procedure,
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. A permanent
record of all Special Operator's Permits shall be maintained and annually
reviewed by the City Clerk.
C, 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(s),
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 limited to 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 Minn. Stat. 65B.48, subd. 5.
The pemlit shall be granted for a period not to exceed one (1) year and may be renewed
after annual review by the City Clerk. The permit may be revoked if it is found that the
Special Operator's Permit restrictions are violated.
Section 5.
Penaltv.
Any person, firm, corporation, or voluntary association which violates any provision of
this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be
punished in accordance with State law.
Adopted by the City Council of the City of Andover on this 4th day ofMav, 1999.
ATTEST:
CITY OF ANDOVER
l - I( 4,
11~ UtfZ/
Victoria V olk, City Clerk
i~~1!::r
3