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Section 7.30

The City of Tracy does ordain:

 

            SECTION 1: the City Council finds that the use of motorized golf carts, all-terrain vehicles, snowmobiles and similar small motorized vehicles may provide recreational opportunities to persons in the City, allow for an economical means of transportation and let persons who are not able to operate a full-sized motor vehicle have a means of transportation. Appropriate regulation of such uses would help to ensure that such uses are safely implemented.

 

            SECTION 2: The current provisions of Tracy City code Section 7.30 are hereby repealed, and replaced with the following:  

 

            Subd 1. DEFINITIONS. The following terms as used in this Section are defined as set forth below.

 A.  “ATV” has the same definition as “four-wheel all terrain vehicle” provided in Minnesota Statutes §169.045 Subd. 1. Three-wheeled vehicles are specifically excluded from this definition.

B.  “Designated Roadways” includes all City streets and alleys, and county roads as shall be permitted by Lyon County, but excludes any streets, roadways or alleys in City parks or the airport, the gravel roadway which proceeds from the area of the Tracy Industrial Park to the southeast corner of Swift Lake Park, all bicycle lanes and trails, all boulevards adjacent to streets, all roadways in the Tracy Cemetery and all U.S. or Minnesota highways. The roadway to access the Tracy Compost Site shall also be a Designated Roadway.

C.  “Mini truck” has the same meaning as provided in Minnesota Statutes §169.045 Subd. 1.

D.  “Motorized golf cart” is a small electric or engine powered vehicle, typically having seats for up to four passengers, having low pressure tires, not having an enclosed cab and often used to transport golfers and golf clubs around a golf course.

E.  “MSEV” has the same definition as “medium-speed electric vehicle” provided in Minnesota Statutes §169.011.

F.  “NEV” has the same definition as “neighborhood electric vehicle” provided in Minnesota Statues §169.011.                     

G.  “Snowmobile”, and “person” have the same meanings as provided in Minnesota Statues §84.81.     

H.  “Special Vehicles” includes ATVs, snowmobiles, NEVs, MSEV, mini trucks and motorized golf carts.

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                            Subd 2. The operation of Special Vehicles on Designated roadways within the City of Tracy is allowed only by persons having a valid permit issued therefor by the City. A permit may be sought by filing an application therefor with the City Administrator and paying the fee for the permit. The permit may be issued only for snowmobiles, for all Special Vehicles excluding snowmobiles, or for all Special Vehicles. The permit fees for a first application are an amount in accordance with the yearly rate set by an annual resolution for snowmobiles only, $50 for all Special Vehicles excluding Snowmobiles, and an amount in accordance with the yearly rate set by an annual resolution for all Special Vehicles. Permits are valid for one year from the date of issue, and renewal thereof may be requested in writing within 20 days prior to expiration upon payment of a fee equal to one-half of the first application fee stated above.

     

    Permits are required for each operator, and are not issued for each Special Vehicle.

     

                            Subd 3. 

                                        A.        The first application for a permit shall provide information as to the name, address and telephone number of the applicant, date of birth of the applicant, the type (Snowmobile only, Special Vehicle excluding Snowmobile or all Special Vehicles) of permit requested, proof of any insurance required by state law and any other information requested by the City. Although a driver license may not be required for the operation of certain types of Special Vehicles, if the applicant has a driver license, the number and state of issuance thereof shall be provided. The applicant shall affirm that the applicant’s driving privileges are not currently revoked, suspended, cancelled or otherwise disqualified by the State of Minnesota or the state where the applicant last had a driver license issued. The applicant shall also affirm that the applicant has familiarized himself or herself with the provisions of this Section and with all Minnesota laws pertaining to the operation of the type(s) of Special Vehicle which the applicant will operate, including but not necessarily limited to all state statutes referred to in

    this Section. A renewal application shall state that no changes have occurred which would make the information in the first application incorrect and shall provide current proof of any insurance required by state law.

     

                                        B         The first application for a permit shall be reviewed by the City Administrator, then forwarded to the Tracy Police Department for review by the Chief of Police or person designated by the Chief of Police. Reviews shall be completed within seven business days. A permit may be denied if it appears the applicant cannot safely operate the Special Vehicle(s) for which a permit is sought. The applicant may be requested to provide a certificate signed by a physician stating that the applicant is able to safely operate the type(s) of Special Vehicles for which a permit is sought. Renewal applications need not be referred to the Chief of Police. Denial of any application shall result in a refund to the applicant of the application or renewal fee previously paid. Once a permit is issued, no refund of any application or renewal fee will be made for any reason.

     

                            Subd 4.   The following rules shall be followed in the operation of Special Vehicles:

     

                                        A.        All rules and regulations set forth by the State of Minnesota and in the Tracy City Code shall be followed for the type of being operated, including but not necessarily limited to the requirements set forth in Minnesota Statutes §§84.82, 84.86, 84.862, 84.87, 84.871, 84.872, 84.9256, 84.928, 169.045 and 169.224.  

                                        B.        No trailer, sled or other object shall be towed by a Special Vehicle, unless by a solid hitch.  

                                        C.        All Special Vehicles were originally equipped with a seat belt or belts must have such belt(s) installed and same must be worn by the operator and all passengers.  

                                        D.        No passengers shall be carried in excess of the number of installed seats available and all operators and passengers shall sit in the seats provided; no infants or other passengers may ride on the laps of an operator or other passenger.  

                                        E.         Special Vehicles may not be operated in City parks or on boulevards adjacent to streets, nor may same be operated on sidewalks or bicycle paths or trails except to make a direct crossing of same to access a permitted operational area.  

                                        F.         Any permit issued pursuant to the Section shall be carried by the permit holder on their person at all times while operating a Special Vehicle, and same shall be displayed to law enforcement upon request.  

                                        G.        All terrain vehicles of a type other than those encompassed by the definition of ATV in Subd. 1A of this Section may not be operated on Designated Roadways in the City of Tracy unless specifically authorized to do so by provisions of state law.

     

                            Subd 5. REVOCATION OF PERMIT  

     

                                        A.        A permit for Special Vehicle operation may be revoked by the City Administrator or a law enforcement officer in the following circumstances

  2.                                                1.   Where the permit holder is shown to be unable to operate a             Special Vehicle safely.

  3.                                                 2.  Where the permit holder has operated a Special Vehicle in a manner contrary to law an same results in the injury or death of any person or animal, or damage to the property of another, including but not limited to trees, bushes or other vegetation.

  4.                                                 3.  Where the permit holder has three or more violations within a 24 month period of any law or regulation pertaining to or involving the operation of any Special Vehicle.                                   4.  Where the permit holder has used a Special Vehicle in the commission of any gross misdemeanor or felony.

  5.                                                 5.  Where the permit holder made a material false representation in any

  1. application for a Special Vehicle operation permit or renewal thereof; in such case, the permit holder may not reapply for any new Special Vehicle permit until two years shall have passed from the date of revocation. 

    An initial application or renewal request for a permit may be denied for any reason that could have resulted in revocation of an existing permit.

     

                                        B.        If the driver license or motor vehicle driving privileges of any permit holder shall be revoked, suspended, cancelled or otherwise disqualified by the State of Minnesota or the state of issuance of the license, any permit for Special Vehicle operation held by such person shall automatically be likewise revoked, suspended or cancelled; if suspended, it shall be reinstated when the period of suspension provided by the state has ended.

     

                                        C.        Any person possessing a false or materially altered Special Vehicle operation permit, or who attempts to use the validity issued permit of another as their own, shall have any Special Vehicle operation permit issued to them immediately revoked, and shall be disqualified from receiving such a permit in the future for a period of three years on the first offense and be permanently barred upon the commission of a second or subsequent offense.

     

                                        D.       Any action to revoke, suspend, or cancel the Special Vehicle operation permit of a person shall be in addition to any criminal or other penalty which may be applicable.

     

                                        E.         Any applicant denied a permit, or any permit holder whose permit is revoked, suspended or cancelled pursuant to this Subd. 5 may request a review thereof by the City Council. Review shall be requested in a writing filed with the City Administrator within 10 days of the action against the permit, and the City Council shall hear same no later than its next regularly scheduled meeting occurring at least five days after the request for review is filed. Any review of an action taken pursuant to paragraph B of this Subd. 5 shall be limited to ascertaining if the driver license or driving privilege of the permit holder has, in fact, been revoked, suspended, cancelled or otherwise disqualified by the state and the period of such suspension or disqualification.

     

                            Subd 6.  Any violation of the provisions of this Section shall constitute a misdemeanor. A violation may also be enforced as an administrative offense pursuant to City Code §1.09. 

                                                          

                            Subd 7.     Nothing in this Section shall be construed as an assumption of liability by the City of Tracy for any injuries or damage to persons or property which may result or arise from the operations of special Vehicles within the City.

     

                            Subd 8.     No permit under this Section shall be required of law enforcement officers, ambulance personnel or first responders while operating a Special Vehicle in the performance of their duties, nor of City of Tracy employees while employed on City business or of persons under contract with the City of Tracy to perform services for the City wherein the use of a Special Vehicle is necessary or desirable in the performance of the contract.

     

                SECTION 3.   Tracy City Code §7.50 is repealed; however, any permits issued pursuant to said Section shall remain in effect until their expiration on the next December 31, and the operation of vehicles governed by said section, as to such permit holders, shall be governed by said Section until the permit expires.

     

                SECTION 4:     Tracy City Code Section 1.09 Subd. 6 is amended to add the following additional violations which may be treated as administrative offenses under said Code Section:

     

    VIOLATION                         TRACY CITY CODE SECTION                             PENALTY

     

    No special Vehicle                              7.30 Subd. 2                         an amount in accordance with the yearly                                                                                                yearlyrate set by an annual resolution

     

    Improper Operation of                        7.30 (all subds. Except       an amount in accordance with the                                                      2 and 3)                              yearly rate set by an annual resolution

     

    False Information in                            7.30 Subd. 3                       An amount in accordance with        Special Vehicle Permit                                                                  yearly rate set by an annual resolution

  2. Application

     

 

 

 

 

ORDINANCE HISTORY:

 

ORDINANCE NO. 345 AN ORDINANCE AMENDING CITY CODE SECTION 7.30 SUBD 2 AND 7.30 SECTION 4– ALLOWING THE USE OF SPECIAL VEHICLES ON PUBLIC WAYS IN THE CITY OF TRACY AND PROVIDING FOR PERMITS FOR THE OPERATIONS THEREOF.       MAY 22, 2017