Title
AN ORDINANCE AMENDING ARTICLE I, SECTIONS 45-6.3 OF CHAPTER 45 OF THE DULUTH CITY CODE TO PROVIDE FOR A MISDEMEANOR OFFENSE FOR OPERATING AN ATV UNLAWFULLY ON PUBLIC LAND.
Body
CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Article I, Section 45-6.3 of Chapter 45 of the Duluth City Code is hereby amended 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.
(d) A violation of this Section is a misdemeanor offense for which a sentence of not more than 90 days or a $1000 fine, or both, may be imposed.
Section 2. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: This ordinance amends Section 45-6.3 of Chapter 45 to provide a misdemeanor offense for unauthorized use of recreational vehicles, ATVs, etc. on public land.