04-006-O

AS AMENDED

ORDINANCE NO. __________

AN ORDINANCE AMENDING DULUTH CITY CODE SECTION 35-6 AND ADDING A NEW SECTION 45-6.3; REGULATING USE OF RECREATIONAL VEHICLES ON PUBLIC LAND WITHIN THE CITY.

BY COUNCILORS NESS AND STEWART:

The city of Duluth does ordain:

Section 1. That Section 35-6 of the Duluth City Code, 1959, as amended, is amended to read as follows:

Sec. 35-6. Vehicles, parking and recreational trails and paths.

(a) For the purpose of this Section, words used herein shall have the meanings respectively ascribed to them in sections 33-1 and 33-224 of this Code;
(b) No person shall operate any motor vehicle or bicycle or ride a horse in any area of any park except on the roadways roadway portion of streets, or highways, or parking areas in such park. Notwithstanding the above, the director of parks and recreation city council may establish special trails or paths for use by snowmobiles, motorcycles, bicycles, hikers, horseback riders, all-terrain vehicles, cross-country skiers and or snowshoers; provided that the director of parks and recreation shall not establish any new or expand any existing special trail or path for use by snowmobiles, motorcycles or all-terrain vehicles after February 1, 1998, without approval of the city council. The director may, by regulation, As authorized by M.S.A. Sec. 85.018, or M.S.A. Sec. 84.92 - Sec. 84.929, or its successor, (where applicable), the city council may regulate traffic on these trails including, but not limited to, designating direction of traffic flow and speed limits on the trail and prohibiting certain vehicles or modes of travel on the trail. These trails or paths shall be clearly marked with signs which specify what type of vehicle is permitted and set forth other traffic restrictions. No person shall operate any nonpermitted vehicle on any specially designated path or trail or violate any of the traffic regulations (see Section 45-6.3);
(c) When any motor vehicle is found parked and unattended off of the roadways or parking areas in any park, the director of parks and recreation or his designee or any police officer may remove such vehicle by having it towed away, as authorized by M.S.A. Sec. 169.041, et. seq., or its successor;
(d) When any park is closed to the public pursuant to the provisions of this Chapter or by order of the director of parks and recreation, no person shall park a motor vehicle or allow a motor vehicle to remain parked in such park after such closing hour except in an after-hours parking area established by the director of parks and recreation. The director of parks and recreation or any police officer may tow any vehicle found parked and unattended in such park in any area other than an after-hours parking area. No person other than a fisherman, boater or person with a special permit to use the park after-hours shall park in any after-hours parking area after the park is closed. For the purposes of this Section, the record owner of a motor vehicle shall be prima facie responsible for parking violations.

Section 2. That Duluth City Code, 1959, as amended, is amended to add a new Section 45-6.3 to read as follows:

Sec. 45-6.3. Use of recreational vehicles on public land.

(a) No person shall operate any vehicle or machine on public land under the jurisdiction of the city of Duluth, except in compliance with M.S.A. Sec. 84.92 - Sec. 84.929, or its successor, and rules referred to therein;
(b) No person shall operate a recreational vehicle, as defined in M.S.A. Sec. 84.90, or it successor, including an all-terrain vehicle as defined in M.S.A. Sec. 84.92, subd. 8, or its successor, except a snowmobile, on any public land or street under the jurisdiction of the city of Duluth (M.S.A. Sec. 84.90, subd. 1(a), defines "recreational vehicle" to include a motor vehicle licensed for highway operation only when such a vehicle is being used for off-road recreational purposes.);
(c) The prohibitions of this Section do not apply:
(1) To areas where the state of Minnesota, county of St. Louis or United States of America have authorized a use that is prohibited by this ordinance;
(2) A farm vehicle being used for farming;
(3) A vehicle being used for military, fire emergency or law enforcement purposes;
(4) A vehicle being used for construction or maintenance authorized by the city;
(5) A vehicle owned or operated by the city;
(6) An all-terrain vehicle being used to remove snow from a driveway, sidewalk or boulevard; or being trailered or transported; or being used at a public access or, with the owner's permission, a private access point, for the purpose of legally using the all-terrain vehicle for fishing, hunting or trapping; or being used in a place authorized by the city council.

Section 3. That this ordinance shall take effect and be in force 30 days after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance regulates the use of ATV's on city land. There are several state laws on this topic, and the ordinance is subsidiary to them. In Duluth City Code, Section 35-6, obsolete language is removed, and the jurisdiction to allow vehicle use is given to the council, as the state law requires.

A new Section 43-6.3 is added, which prohibits ATV's on land controlled by the city, except places state law governs. Certain exceptions are listed.