TITLE VII:
TRAFFIC CODE
Chapter
70.
GENERAL PROVISIONS
71. TRAFFIC
REGULATIONS
72. PARKING
RULES
73. BICYCLES
74.
SNOWMOBILES
75. TRAFFIC
SCHEDULES
76. PARKING
SCHEDULES
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CHAPTER 70: GENERAL PROVISIONS
Section
70.01
State regulations adopted
70.02
Duties of Police Department
70.99
Penalty
§ 70.01 STATE
REGULATIONS ADOPTED.
The city
does hereby adopt in their entirety, the following:
(A) M.S.
Chapter 170, Safety Responsibility Act, as it may be amended from time
to time;
(B) M.S.
Chapter 171, Drivers License Law, as it may be amended from time to
time;
(C) M.S.
Chapter 168, Vehicle Registration, as it may be amended from time to
time;
(D) M.S.
§§ 221.011 through 221.296 and §§ 221.60 through 221.68, as they may be
amended from time to time; and
(E) M.S.
§§ 84.86, 609.21, 609.55 and 609.68, as they may be amended from time to
time.
(Ord. 357, passed
9-18-1972)
§ 70.02 DUTIES
OF POLICE DEPARTMENT.
(A) The
Police Department shall enforce the provisions of this code and the
state traffic laws.
(B) (1)
Police officers are authorized to direct all traffic within the city,
either in person or by means of visible or audible signal, in conformity
with this chapter and the state traffic laws.
(2) During a fire or other emergency or to expedite traffic or
safeguard pedestrians, officers of the Police Department may direct
traffic as conditions require notwithstanding the provisions of this
chapter and the state traffic laws.
(3) Officers of the Fire Department may direct or assist the police in
directing traffic at the scene of a fire or in the immediate vicinity.
(Ord. 509, passed
12-7-1987)
§ 70.99 PENALTY.
Any person
violating any provision of this code for which no specific penalty is
prescribed shall be subject to the penalty of § 10.99.
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CHAPTER 71: TRAFFIC REGULATIONS
Section
71.01
Unreasonable acceleration
71.02
Turning restrictions
71.03
Through and one-way streets
71.04
Truck restrictions
71.05
Seasonal weight restrictions
71.06
All-terrain vehicles
71.07
State highway traffic regulations adopted by reference
§ 71.01
UNREASONABLE ACCELERATION.
(A) No
person shall start or accelerate any motor vehicle with unnecessary
acceleration of speed on any public or private way within the city.
(B) Prima
facie evidence of unnecessary exhibition of speed shall be squealing or
screeching sounds emitted by the tires or the throwing of sand or gravel
by tires of the vehicle.
(Ord. 389, passed
9-2-1975) Penalty, see § 70.99
§ 71.02
TURNING RESTRICTIONS.
(A) (1)
The City Council, by resolution, may, whenever necessary to preserve a
free flow of traffic, or to avoid accidents, designate any intersection
as one where the turning of vehicles to the left or to the right, or
both, or any U-turns, is to be restricted at all times or during
specified hours.
(2) The Chief of Police shall mark by appropriate signs any
intersection so designated. No intersection on a trunk highway shall be
so designated until the consent of the Commissioner of Transportation to
the designation is first obtained.
(B) No
person shall turn a vehicle at any intersection contrary to the
directions on the signs.
(Ord. 509, passed
12-7-1987) Penalty, see § 70.99
§ 71.03
THROUGH AND ONE-WAY STREETS.
(A) The
Council, by resolution, may designate any street or portion of street as
a through highway or a one-way roadway where necessary to preserve the
free flow of traffic or to prevent accidents.
(B) The
Public Works Director shall post appropriate signs at the entrance to
the street. No trunk highway shall be so designated unless the consent
of the Commissioner of Transportation to the designation is first
secured.
(Ord. 509, passed
12-7-1987)
§ 71.04 TRUCK
RESTRICTIONS.
The City
Council, by resolution, may designate streets on which travel by
commercial vehicles in excess of 10,000 pounds gross weight is
prohibited.
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The Public Works
Director shall erect appropriate signs on the streets. No person shall
operate a commercial vehicle on the posted streets in violation of these
restrictions.
(Ord. 509, passed
12-7-1987) Penalty, see § 70.99
§ 71.05 SEASONAL
WEIGHT RESTRICTIONS.
(A) The
Public Works Director may prohibit the operation of vehicles upon any
street under his or her jurisdiction or impose weight restrictions on
vehicles to be operated on the street whenever the street, by reason of
deterioration, rain, snow or other climatic conditions, will be
seriously damaged or destroyed unless the use of vehicles on the street
is prohibited or the permissible weights thereof reduced. He or she
shall erect and maintain signs plainly indicating the prohibition or
restriction at each end of that portion of the street affected.
(B) No
person shall operate a vehicle on a posted street in violation of the
prohibition or restriction.
(Ord. 509, passed
12-7-1987) Penalty, see § 70.99
§ 71.06
ALL-TERRAIN VEHICLES.
No
all-terrain vehicles shall be permitted to be operated on the public
streets or public rights-of-way within the city.
(Ord. 509, passed
12-7-1987) Penalty, see § 70.99
§ 71.07 STATE
HIGHWAY TRAFFIC REGULATIONS ADOPTED BY REFERENCE.
(A) The
Highway Traffic Regulations Act is hereby adopted by reference. The
regulatory provisions of M.S. Chapter 169, as it may be amended from
time to time, are hereby adopted as a traffic ordinance regulating the
use of highways, streets and alleys within the city and are hereby
incorporated in and made a part of this section as completely as if set
out in full herein.
(B) The
penalty for violation of the provisions of state statutes adopted by
reference in this section shall be identical with the penalty provided
for in the statues for the same offense.
CHAPTER 72: PARKING RULES
Section
72.01
Definitions
72.02
Method of parking designated
72.03
No-parking zones
72.04
Time limits
72.05
Vehicle removal; impounding
72.06
Truck zones; loading zones
72.07
Winter restrictions
§ 72.01
DEFINITIONS.
For the
purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
IMPOUNDMENT. Removal of a vehicle to a storage facility or
impound lot by a contractor for towing in response to an authorization
from a Police Officer or agent authorized by the city.
OPERATOR. Every individual who shall operate a vehicle as the
owner thereof, or as the agent, employee or permittee of the owner or
any individual who is in actual physical control of a vehicle.
OWNER. Any person, firm, partnership, association or
corporation owning or renting a motor vehicle.
PARK
or PARKING. The standing of a vehicle, whether occupied
or not upon a street, otherwise than
temporarily for
the purpose of, and while actually engaged in, receiving or discharging
passengers or loading or unloading merchandise, or in obedience to
traffic regulations, signs or signals or an involuntary stopping of the
vehicle by reason of causes beyond the control of the operator of the
vehicle.
STREET. Any street, avenue, alleyway or other public way in the
city.
VEHICLE. Every device in, upon or by which any person or
property is or may be transported or drawn upon a highway, except
devices moved by human power or used exclusively upon stationary rails
or tracks.
(Ord. 94-584,
passed 10-17-1994)
§ 72.02 METHOD
OF PARKING
DESIGNATED.
(A) The
City Council may, by resolution, designate certain streets for angle
parking. On any designated street, every vehicle shall be parked with
the front of the vehicle facing the curb or the edge of the traveled
portion of the street at an angle of approximately 45 degrees and facing
between the painted or other marking on the curb of the street
indicating the parking space.
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(B) On
all other streets, cars shall be parked parallel to the curb or edge of
the roadway in accordance with law.
(Ord. 509, passed
12-7-1987) Penalty, see § 70.99
§ 72.03
NO-PARKING ZONES.
(A) (1)
The City Council, by resolution, may designate certain streets or
portions of streets as no parking or no stopping or standing zones, and
may limit the hours in which the restrictions apply.
(2) The Public Works Director shall mark by appropriate signs each
zone so designated.
(3) Except when necessary to avoid conflict with other traffic or in
compliance with the directions of a Police Officer or a traffic control
device, no person shall stop or park a vehicle in an established
no-stopping or standing zone when stopping or standing is prohibited.
(B) No
vehicle shall be parked in a no-parking zone during hours when parking
is prohibited, except that a vehicle may be parked temporarily in a zone
for the purpose of forming a funeral procession and a truck may be
parked temporarily during the business day for the purpose of loading or
unloading where access to the premises is not otherwise available.
(Ord. 509, passed
12-7-1987) Penalty, see § 70.99
§ 72.04 TIME
LIMITS.
(A) The
City Council may, by resolution, designate certain areas where the right
to park is limited during hours specified. The Public Works Director
shall mark by appropriate signs each zone so
designated.
During the hours specified on the sign, no person shall park a vehicle
in any limited parking zone for a longer period than is so specified.
(B) No
vehicle shall be parked upon a public street in any one place for a
longer continuous period than 24 hours.
(Ord. 509, passed
12-7-1987) Penalty, see § 70.99
§ 72.05 VEHICLE
REMOVAL; IMPOUNDING.
(A) (1)
Any Police Officer may have a vehicle removed from a street to a garage
or other place of safety when the vehicle is left unattended and
constitutes an obstruction to traffic or hinders snow removal or street
improvement or maintenance operations.
(2) Any vehicle, trailer or object remaining on a public street for a
longer period of time as set forth by the City Council by resolution
and/or remaining on a public street for a longer continuous period of
time than 24 hours, shall be subject to the power of the police to
remove the vehicle and impound same until the charge for towing or
moving and any other costs incidental thereto are paid by the owner.
(B) The
City Council shall have a right to enter into agreements with commercial
towing concerns for the towing of illegally parked vehicles, trailer or
removable objects on the city streets in violation of this code. Any
company with which the city contracts must submit at the time of
execution of the contract liability and property insurance coverage and
an adequate storage facility for the impounding of the property. The
vehicle, trailer or movable property so impounded may be retained for a
period of not to
exceed 60 days,
after which time the city shall have the right to sell by following the
provisions of the law relating to abandoned vehicles, M.S. Chapter 168B
and Minn. Rules Chapter 7035, as they may be amended from time to time,
at public auction the property and deduct therefrom the expenses of
towing and impounding and any balance remaining paid into the treasury
of the city.
(C) A
vehicle may be impounded with or without citation and without giving
notice to its owner only under the following circumstances:
(1) When a vehicle is impeding or is likely to impede the normal flow
of vehicular or pedestrian traffic;
(2) When the vehicle is illegally parked in any zone where the vehicle
is interfering with the proper and intended use of the zones, or is
parked where prohibited by law or by temporary or permanent signs during
certain hours, on designated days, or at all times;
(3) When the vehicle poses an immediate danger to the public safety;
(4) When the vehicle is parked in violation of snow regulations;
(5) When a Police Officer or other agent authorized by the city has
probable cause to believe that the vehicle is stolen or lacks proper
registration;
(6) When a Police Officer or other authorized agent has probable cause
to believe that the vehicle constitutes evidence of a crime or contains
evidence of a crime, if impoundment is reasonably necessary in the
instance to obtain or preserve the evidence;
(7) When the
person driving, operating or in physical control of the vehicle is taken
into custody and the vehicle is impounded for safekeeping;
(8) When a Police Officer or other agent authorized by the city has
probable cause to believe that the owner, driver, operator or person in
physical control of the vehicle has failed to respond to five or more
citations for parking or traffic offenses; or
(9) When the vehicle is parked in a handicap zone when the vehicle
does not properly display a handicapped parking permit.
(D) A
vehicle not impounded under division (C) above may be impounded after
notice of the proposed impoundment has been securely attached to and
conspicuously displayed on the vehicle for a period of 72 hours prior to
the impoundment, excluding Saturdays, Sundays and city holidays, for the
following reasons:
(1) When the vehicle is parked and/or used in violation of any law,
ordinance or regulation;
(2) When the vehicle is abandoned or lacking vital component parts
essential to the mechanical functioning of the vehicle, including but
not limited to the motor, drive train and wheels; or
(3) When the vehicle is so mechanically defective as to be unsafe for
operation; provided, however, that this section shall not be construed
to prevent the removal of any defective vehicle to a place for
correction of equipment defects in the manner directed by any Police
Officer.
(E)
(1) Not more than 72 hours after impoundment of any vehicle, the
designee of the city shall mail a notice to the registered owner of the
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Ortonville - Traffic Code
vehicle, as may
be disclosed by the vehicle license number, if obtainable, and to any
other person, including lienholders, who claims the right to possession
of the vehicle, if a claim is known. The notice shall be mailed to the
registered owner at the address provided by the motor vehicle division
of the Minnesota Department of Public Safety or the corresponding agency
of any other state or province. If the person mailing the notice has
reason to believe that an owner, or one who claims to be an owner, is
residing or in custody at some different address, a copy of the notice
shall also be mailed or personally delivered to the owner or claimant in
a manner designed, as nearly as may be practicable, to give actual
notice to him or her. The notice shall contain the full particulars of
the impoundment, redemption and opportunity for a hearing to test the
propriety of the impoundment as hereinafter provided. If a vehicle is
redeemed prior to the mailing of notice, then notice need not be
mailed. Saturdays, Sundays and city holidays are to be excluded from
the calculation of the 72-hour period.
(2) Similar notice shall be given to each person who seeks to redeem
an impounded vehicle by posting in a conspicuous place at the impound
lot a sign describing redemption procedures and the right to a hearing
to test the propriety of the impoundment.
(F)
(1) Only the registered owner, a person authorized by the registered
owner, a lienholder of record, or one who has purchased a vehicle from
the registered owner, who produces proof of ownership or authorization,
may redeem an impounded vehicle. Impounded vehicles may be redeemed
under the following circumstances:
(a) Upon payment at the impound lot of the
towing and storage costs prior to redeeming the
vehicle. The
impound lot shall accept cash, major bank credit cards, certified bank
drafts, money orders and personal checks in payment for the costs. If a
personal check is offered for the costs, the person so offering the same
may be required to show evidence of identity by two pieces of
identification which may include a driver’s license, state
identification card, other credit cards or similar forms of
identification. If there is a reasonable cause to believe the tendered
check is uncollectible, acceptance of the check may be refused; and
(b) Upon the order of any court of competent
jurisdiction.
(2) Towing and storage charges shall be assessed against vehicles
impounded as stolen vehicles and vehicles impounded for law enforcement
investigatory purposes.
(3) Vehicles which are not redeemed are subject to sale.
(G) Each
towing and storage service business that enters into a contract with the
city under this code shall carry liability, property damage and fire
insurance, which shall contain coverage in the amount of not less than
$300,000 to any one person and not less than $1,000,000 total in any one
accident, and not less than $50,000 fire and property damage coverage,
and which shall contain a clause providing for a ten-day notice to the
city before cancellation; and to file evidence of the cancellation of
coverage with the provisions hereof shall automatically cancel the
contract as of the date of cessation of the liability, property damage
and fire insurance. In any event the city shall be held harmless and
shall not be liable for any damage to a vehicle towed and/or stored
under the provisions herein contained. It shall also be a
condition of the
contract, that the contractor agrees to defend, hold harmless and
indemnify the city and all city employees from any liability in
connection with the services provided under the contract.
(Ord. 509, passed
12-7-1987; Am. Ord. 94-584, passed 10-17-1994)
§ 72.06 TRUCK
ZONES; LOADING ZONES.
(A) The
City Council may by resolution establish spaces in streets as loading
zones or truck zones. The Public Works Director shall mark each zone by
appropriate signs.
(B)
During truck zone hours, no person shall stop, stand or park any vehicle
except a truck in a truck zone. No person shall stop, stand or park a
truck in a truck zone during truck zone hours except to receive or
discharge passengers or freight and then only for a period no longer
than is necessary for the purpose.
(C)
During loading zone hours, no person shall stop, stand or park any
vehicle in a loading zone except to receive or discharge passengers or
freight and then only for a period no longer than is necessary for the
purpose. No person shall occupy a loading zone with a vehicle other
than a truck for more than five minutes during the hours.
(D) Any
person desiring the establishment of a loading zone or truck zone
abutting premises occupied by him or her shall make written application
therefor to the City Council. If the City Council grants the request,
the proper city officer shall bill the applicant for the estimated cost
of placing signs and of painting the curb. When the amount is paid to
the City Treasurer, the Public Works Director shall install the
necessary signs and paint the curb.
(E) No person
shall allow a semi-trailer to stand or be parked unattached from a
tractor unit for any length of time on any street in the city except in
an emergency in order to change tractors.
(F) The
Council may by resolution establish “No Truck Parking” zones in the
business district and the Public Works Director shall mark by
appropriate signs any zones so established. The zones shall be
established in the business district where heavy traffic by trucks or
other traffic congestion makes parking by trucks a hazard to the safety
of vehicles or pedestrians.
(Ord. 509, passed
12-7-1987) Penalty, see § 70.99
§ 72.07 WINTER
RESTRICTIONS.
No person,
except physicians on emergency calls or other emergency personnel, shall
park any vehicle on any street, alley or avenue in the city between
November 1 and April 1 after a snowfall with an accumulation of two
inches or more of snow. Parking may be resumed on individual streets
and avenues as soon as the snow has been removed from these streets and
avenues except as may be otherwise restricted by other ordinances.
(Ord. 509, passed
12-7-1987; Am. Ord. 94-584, passed 10-17-1994) Penalty, see § 70.99
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CHAPTER 73: BICYCLES
Section
73.01
License required; procedure
73.02
Parental responsibility
73.03
Impoundment
§ 73.01 LICENSE
REQUIRED; PROCEDURE.
No person
shall ride or propel a bicycle upon any street or other public highway
in the city without first having secured and attached to the bicycle a
proper license issued by the State of Minnesota.
(Ord. 265, passed
9-17-1962) Penalty, see § 70.99
§ 73.02 PARENTAL
RESPONSIBILITY.
It is
unlawful for the parent of any minor child and the guardian of any ward
to authorize or knowingly permit his or her child or ward to violate any
provision of this chapter.
(Ord. 265, passed
9-17-1962) Penalty, see § 70.99
§ 73.03
IMPOUNDMENT.
(A) If
any bicycle is found in any public street, highway, boulevard, sidewalk
or pathway or in any public park or school grounds without a proper
license plate, tag or sticker, it shall be prima facie evidence that the
bicycle is being operated without having been
licensed or
registered. The bicycle shall be impounded and shall not be surrendered
except upon satisfactory proof of ownership and payment of the license
fee herein provided for and an impounding fee of $1.
(B) At
the expiration of 60 days after the impounding, each bicycle which has
not been claimed shall be sold at public auction.
(Ord. 265, passed
9-17-1962)
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CHAPTER 74: SNOWMOBILES
Section
74.01
Definitions
74.02
Operation regulations
74.03
Designated routes
74.04
Events and shopping
74.05
Adopted by reference
§ 74.01
DEFINITIONS.
For the
purpose of this chapter, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
COMMISSIONER. The Commissioner of Natural Resources acting
directly or through his authorized agent.
OPERATE. To ride in or on and control the operation of a
snowmobile.
OPERATOR. Every person who operates or is in actual physical
control of a snowmobile.
OWNER. A person, other than a lien holder, having the property
in or title to a snowmobile entitled to the use or possession thereof.
PERSON. An individual, partnership, corporation, the state and
its agencies and subdivisions, and any body of persons, whether
incorporated or not.
PRINCIPAL
BUSINESS DISTRICT.
The area lying between First Street and Third Street, Washington Avenue
and Jackson Avenue.
SNOWMOBILE. A self-propelled vehicle designed for travel on
snow or ice or a natural terrain steered by sheers, skis or runners.
STREET. Any public roadway including streets, highways and
alleys.
(Ord. 565, passed
12-6-1993)
§ 74.02
OPERATION REGULATIONS.
(A) It
shall be unlawful for any person to drive or operate any snowmobile in
the following unsafe or harassing ways:
(1) At a rate of speed greater than reasonable or proper under all the
surrounding circumstances and, in any event, operated within the city at
a speed greater than 20 miles per hour;
(2) In a careless, reckless or negligent manner so as to endanger the
person or property of another or to cause injury or damage thereto;
(3) While under the influence of intoxicating liquor or narcotics or
habit forming drugs;
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(4) Without a lighted head and tail light when required for safety and
registration numbers as required by state statute;
(5) In any public park, public and/or school playground;
(6) Within the principal business district of the city except that the
operation shall be permitted in an emergency during the period of time
when and at locations where snow upon the roadway or other traveled way
renders travel by automobile impractical and on the designated
snowmobile routes;
(7) No snowmobile shall be operated upon any portion of the Ortonville
Municipal Airport premises or golf course;
(8) No snowmobile shall be operated within the city carrying three or
more persons, exclusive of passengers seated on a pulled sled, sleigh,
trailer or similar type trailing device; and
(9) Any sled, sleigh, trailer or device being towed by a snowmobile
must be equipped with reflective materials as required by the
Commissioner.
(B) (1)
When operating a snowmobile upon a street, all operation shall be at the
extreme right of the street as near to the curb or shoulder thereof as
practical under the circumstances.
(2) No snowmobile shall pull within the city any type of sled,
toboggan, skis or other mechanical attachment, or person, except where
same shall be attached to the snowmobile by a solid tongue of similar
attachment.
(3) No
snowmobile shall be operated within the city unless it is equipped with
at least one head lamp and one tail lamp and with brakes that conform to
the standards prescribed by rule of the Commissioner.
(4) No person shall operate a snowmobile upon streets between the
hours of 10:00 p.m. and sunrise, except that occasional operation upon a
public street after the hour shall be permitted when the operator is
proceeding directly to his or her home or usual place of storage from
without the city.
(5) When two or more snowmobiles shall be operated together or as a
group, they shall stay in single file while operating upon any street
and not more than three snowmobiles shall proceed in any single group.
(6) No snowmobile shall be operated upon any sidewalk.
(7) The driver of any snowmobile must yield the right-of-way to all
oncoming traffic, including pedestrians.
(C) No
person shall operate a snowmobile upon any private property without
prior permission of the property owner.
(Ord. 565, passed
12-6-1993) Penalty, see § 70.99
§ 74.03
DESIGNATED ROUTES.
(A)
Snowmobile routes are hereby established and set forth in Chapter 75.
(B)
Except as hereinafter provided, snowm | 