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.
COUNCILORS NESS AND STEWART:
city of Duluth does ordain:
That Section 35-6 of the Duluth City Code, 1959, as amended, is amended
to read as follows:
parking and recreational trails and paths.
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
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,
hikers, horseback riders, all-terrain
vehicles, cross-country skiers and
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
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;
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.
That Duluth City Code, 1959, as amended, is amended to add a new Section
45-6.3 to read as follows:
of recreational vehicles on public land.
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
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.);
prohibitions of this Section do not apply:
areas where the state of Minnesota, county of St. Louis or United
States of America have authorized a use that is prohibited by this
farm vehicle being used for farming;
vehicle being used for military, fire emergency or law enforcement
vehicle being used for construction or maintenance authorized by the
vehicle owned or operated by the city;
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.
That this ordinance shall take effect and be in force 30 days after its
passage and publication.
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.
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.