CHAPTER VII: TRAFFIC, MOTOR VEHICLES, SNOWMOBILES, AND RECREATIONAL VEHICLES
701.01. PROVISIONS OF STATE LAW ADOPTED: The provisions of Minnesota Statutes, Chapter 169 with reference to the definition of terms, conditions of operations, restrictions on use, and all other matters pertaining to the operation of motor vehicles are adopted and made a part of this ordinance as if set out in full.
701.02. TRAFFIC: The following sections shall control, not withstanding provisions contained with in Minnesota Statutes 169.01 et seq. Subdivision. 1. ACCIDENTS - DUTIES OF DRIVER: A. A driver of any vehicle involved in any accident resulting in injury or death of any person shall immediately stop the vehicle at the scene of said accident, or as close thereto as possible, but shall then forthwith return to, and in every event shall remain at the scene of the accident until he has given name, address, and registration number of the vehicle he is driving, and upon request, exhibit his driver's or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with, and shall, if the vehicle or property damaged is unattended, report the same to the police officer. Any person failing to stop and comply with these requirements under such circumstances, shall, upon conviction, be guilty of a misdemeanor. B. The driver of any vehicle involved in an accident to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible, and shall forthwith return to, and in every event shall remain at the scene of the accident until he has fulfilled the requirements set forth the subdivision "A" as to the giving of information. Every stop shall be made without obstructing traffic more than is necessary. Any person failing to stop and comply with these requirements under such circumstance shall be guilty of a misdemeanor. C. The driver of any vehicle which collides with and damages any vehicle which is unattended, shall immediately stop and then and there either locate and notify the driver or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle, or shall report the same to a police officer. Any person failing to comply with the requirements under such circumstance shall be guilty of a misdemeanor. D. The driver of any vehicle involved in an accident resulting in only damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of vehicle he is driving and shall, upon request and if available, exhibit his driver's or chauffeur's license, and make report of such accident. Any person failing to stop or to comply with the requirements under such circumstances shall be guilty of misdemeanor.
Subd. 2. U-TURNS: U-turns are prohibited at any time where designated as prohibited. No U-turns may be made anywhere else in the city unless the way is clearly visible for 1000 feet in any direction.
Subd. 3. PERIODS OF EMERGENCY: A. EXISTENCE OF EMERGENCY: Whenever, in the opinion of Chief of Police of the City of Henderson, an emergency exists in the city of Henderson, or in a section or sections thereof, because of snow, freezing rain, sleet, ice, snow-drifts, or other natural phenomena which create or are likely to create hazardous conditions which impede or are likely to impede the free movement of fire, police, snow removal equipment, emergency, or other vehicular traffic for the safety and welfare of the community, the Chief of Police may declare an emergency to exist for a period of thirty six (36) hours, but such emergency may be sooner terminated by the Chief of Police provided conditions permit it. Notice of such emergency shall be given by such news media as radio, television or press, which news media shall be requested to cooperate with the city, and when such notice is given the same shall constitute due and proper notice. Such notice shall specify the hours at which the emergency shall commence and terminate. B. RESTRICTIONS ON PARKING: During the period of any such emergency as herein before provided for the following restrictions of parking shall effect: 1. No vehicle shall be parked or left unattended on any portion of the following public streets within the City of Henderson between the hours of 1:00 o'clock A.M. and 6:00 o'clock A.M.: a. On Main Street from Third Street to Seventh Street, one block south between Main Street and Mill Street on Highway 93 b. One block south between Main Street and Mill Street on South Sixth Street c. One-half block from Main Street North on North Fifth or County Road #6. 2. On all public streets within the City of Henderson, other than those designated in sub-section A hereof, all vehicles shall have 24 hours prior to the termination of such emergency period, be removed from any place thereon where snow removal has not been completed. C. UNATTENDED VEHICLE: It shall be unlawful for any person, firm or corporation to permit any vehicle to be parked or left unattended in violation of the provisions of this Ordinance. Upon conviction of any such violation, such person, firm or corporation shall be punishable by a fine of not more than $100, together with all the costs, including attorney's fees in the prosecution of offense. D. IMPOUNDMENT: The Henderson Police Department is hereby empowered to cause any vehicle parked or left unattended in violation of the provisions of this Ordinance to be towed to such place as the city council may from time to time designate for the storage purposes, which said towing and storage shall be at the expense of the fees for towing and storage are paid in addition to any fine imposed for violation of this Ordinance. Charges: Towing plus $20.00 per day for storage, plus any and all costs incurred by the City.
Subd. 4. EXHIBITION DRIVING: No person shall turn, accelerate, decelerate or otherwise operate a motor vehicle within the City in a manner which causes unnecessary engine noise or backfire, squealing tires, skidding, sliding, swaying, throwing of sand or gravel, or in a manner simulating a race. Unreasonable squealing or screeching sounds emitted by tires, or the throwing of sand or gravel by the tires is prima facie evidence of a violation of this section.
Subd. 5. POLICE DUTIES: The police department shall enforce the provisions of this ordinance and state traffic laws. Police officers are authorized to direct all traffic within the city, either in person or by means of some visible or audible signal, in conformity with this Ordinance and the safeguard pedestrians, officers of the police department may direct as state traffic laws. Member of the fire department may direct or assist the police in directing traffic at the scene of a fire or in the immediate vicinity.
701.03. SNOWMOBILES AND ALL-TERRAIN VEHICLES: Subdivision. 1. INTENT. It is the intent of this Ordinance to supplement Minnesota Statutes 84.81-84.929 and 169, with respect to the operation of snowmobiles and all-terrain vehicles. Such statutes are incorporated herein by reference. (The references to snowmobile enforcement are intended to be more restrictive than state statute.)
Subd. 2. DEFINITIONS: A. For the purposes of this Ordinance the terms defined herein shall have the meaning described to them. B. "Person" includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons whether incorporated or not. C. "Snowmobile" means a self-propelled vehicle designed for travel on snow or ice steered by skies or runners. D. "All-Terrain Vehicle" means any self propelled vehicle used for recreational purposes, including but not limited to trail bike, or other all terrain vehicle, or motor vehicle licensed for highway operation which is being used for off-road recreation. E. "Owner" means a person, other than a lien holder having the property in or title to snowmobile or all-terrain vehicle entitled to the use or possession thereof. F. "Operate" means to ride in or on and control the operation of a snowmobile or all-terrain vehicle. G. "Operator" means every person who operates or is in actual physical control of a snowmobile or all-terrain vehicle. H. "Deadman Throttle" or "Safety Throttle" means a device which when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving mechanism. I. "Natural Terrain" means areas other than roadways or driveways (private or public), parking lots and other areas the surface of which has been intentionally modified for motor operation thereon.
Subd. 3. RESTRICTIONS. A. SNOWMOBILES: Except as herein specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the City of Henderson. A snowmobile may be used on the portion of any right of way of any public highway, street, road, trail or alley, and may in passing or making a left turn operate on other lanes which are used for vehicle traffic in the same direction, for purposes of going to or returning from a non-highway area of permissible operation, by the most direct route. Snowmobiles may also be operated upon the ditch bottom or the outside bank of trunk, county state aid and county highways where such highways are so configured within the corporate limits. Snowmobiles are strictly prohibited from operation on the following: On a public sidewalk provided for pedestrian travel. On boulevards within any public right of way. On private property of another without specific permission of the owner or person in control of said property. On any other public place except as may be specifically permitted by other provisions of the City Ordinances. B. All-Terrain Vehicles: Except as herein specifically permitted and authorized, it is unlawful for any person to operate a all-terrain vehicle not licensed as a motor vehicle within the limits of the City of Henderson without a valid driver’s license, current Minnesota state registration, and insurance. This insurance will include, at a minimum, bodily injury and property damage. 1. Alleys shall be used in all instances of travel unless there is no other way to arrive at your destination without using a street. 2. All-terrain vehicles will take shortest route to and from their destination. 3. All-terrain vehicles must not exceed more than 10 miles per hour within the city of Henderson. 4. All-terrain vehicles entering the city from East or West MN-19 should exit onto the nearest alley. 5. No riding on city parks, the levee, or the levee slopes. 6. All-terrain vehicles traveling in the city of Henderson shall not be permitted in groups of more than two (2), and when so will travel behind one another. 7. Only one rider per all-terrain vehicle unless the seat is designed specifically for two people. All-Terrain Vehicles are strictly prohibited from operation on the following: a. On a public sidewalk provided for pedestrian travel. On boulevards within any public right of way. On private property of another person without specific permission of the owner or person in control of said property. On any other public place except as may be specifically permitted by other provisions of the City Ordinances.
Subd. 4. CROSSINGS: A snowmobile or all-terrain vehicle may make a direct crossing of a street or highway or freeway providing: 1. The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing. 2. The snowmobile or all-terrain vehicle is brought to a complete stop before crossing the shoulder or main traveled way. 3. The driver yields the right of way to all on coming traffic which constitutes an immediate hazard. 4. In crossing a divided street or highway, the crossing is made only at an intersection or such street of highway with another public street or highway. 5. If the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
Subd. 5. TRAFFIC ORDINANCES: City traffic ordinances shall apply to the operation of snowmobiles or all-terrain vehicle upon streets and highways, except for those relating to required equipment, and those which by their nature have no application.
Subd. 6. YIELDING: No snowmobile or all-terrain vehicle shall enter any intersection without yielding the right of way to any vehicles or pedestrians at the intersection, or so close to the intersection as to constitute an immediate hazard.
Subd. 7. PERSONS UNDER 18: Snowmobile operation. No person under 14 years of age shall operate on streets or the roadway surface of highways or make a direct crossing of a trunk, county state-aid, county highway, or city street as the operator of a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets and highways permitted under this ordinance and make a direct crossing of such streets and highways only if he has in his immediate possession a valid snowmobile safety certificate issued by the commissioner, as provided by M.S.A. Section 84.872.
Subd. 8. It is unlawful for the owner of a snowmobile or all-terrain vehicle to permit the same to be operated contrary to the provisions of this section.
Subd. 9. OPERATIONS: A. It is unlawful for any person to operate a snowmobile within the limits of the City of Henderson: 1. At any place, while under the influence of alcohol or drugs as defined in M.S. 169.121, which is hereby incorporated herein by reference; 2. At a rate of speed greater than 10 miles per hour in city limits, except on the levee, designated trail, or city park; 3. At any place in a careless, reckless, or negligent manner or heedlessly in disregard to the rights or safety of others, or in a manner so as to endanger or be likely to endanger or cause injury or damage to any person or property; 4. During the hours from 10:00 p.m. to 6:00 a.m. of any day, closer than one hundred feet to any dwelling which is usually occupied by one or more persons; 5. So as to tow any person or thing except through use of a rigid tow bar attached to the rear of the snowmobile or recreational motor vehicle. 6. Within 100 fee of any fisherman, pedestrian, skating rink, or sliding area where the operation would conflict with use or endanger other persons or property. B. It is unlawful for any person to operate an all-terrain vehicle not licensed for highway use:
Subd. 10. EQUIPMENT: It is unlawful for any person to operate a snowmobile or all-terrain vehicle any place within the limits of the city of Henderson unless it s equipped with the following; 1. Standard mufflers which are properly attached and which reduce the noise of operation of them alter to the minimum necessary for operation. No person shall use a muffler cutout or by-pass, straight pipe. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile or all-terrain vehicle under any condition of operation. 3. For snowmobiles only a safety or so-called "deadman" throttle in operating condition. 4. When operated between the hours of one-half hour after sunset to one-half hour before sunrise or at times of reduced visibility, at least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least 100 feet ahead during the hours of darkness and under normal atmospheric conditions. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming snowmobile or recreational motor vehicle operator. It shall also be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions. 5. Reflective material at least 16 square inches on each side, forward of the handlebars, or steering device of snowmobile or all-terrain vehicle at the highest practical point on any towed object, as to reflect light at a ninety degree angle.
Subd. 11. REMOVAL OF KEYS: Every person leaving a snowmobile or all-terrain vehicle on a public place shall lock the ignition, remove the key, and take the same with him.
Subd. 12. EMERGENCIES: Not withstanding any prohibitions in this ordinance, a snowmobile or all-terrain vehicle may be operated on a public thoroughfare in an emergency during the period of time when such emergency has been declared by the designated official.
Subd. 13. ANIMALS: It is unlawful to intentionally drive, chase, run over, or kill any animal with a snowmobile or all-terrain vehicle.
Subd. 14. PENALTIES: Every person convicted of a violation of any of the provisions of this ordinance shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine and/or sentence not to exceed $1000 and/or incarceration not to exceed 90 days.