CHAPTER 70: GENERAL TRAFFIC REGULATIONS
Section
General Regulations
70.01 Definitions
70.02 State Traffic Code adopted by reference
70.03 Through street designated
70.04 Where stops are prohibited
70.05 Following fire apparatus
70.06 Crossing fire hose
70.07 Refuse on street
70.08 School crossings
70.09 Vehicle lights
70.10 Equipment for vehicles
70.11 Chains or metal studs on tires
Specific Regulations
70.20 One-way streets and alleys
70.21 Drugs and liquor
70.22 Exhibition driving
70.23 Engine retarding brakes
70.24 Snowmobiles
70.25 Four-wheel all terrain vehicles
70.26 Parking; snow removal periods and street cleaning
70.27 Towing authorized
70.28 Notice to victim of vehicle theft
GENERAL REGULATIONS
§ 70.01 DEFINITIONS.
Words and phrases when used in this subchapter shall be given the meaning as set forth and designated in Minn. Stat. § 169.01 and any amendments thereof.
(Ord. 20.20, passed 8-1-1955)
§ 70.02 STATE TRAFFIC CODE ADOPTED BY REFERENCE.
(A) As provided in § 31.04, the regulatory provisions and definitions of the Minnesota Highway Traffic Regulation Act, also known as the State Traffic Code, which are codified in Minn. Stat. Chapter 169, as it may be amended from time to time, are adopted as a section regulating the use of highways, streets, alleys and other portions of the City of Madelia. Such Act is incorporated and made a part of this Code as completely as if set out herein in full, except those provisions that conflict with this Code when the City Council has the authority to alter such regulations. Copies of the Act are on file in City Hall and are available for public inspection at any reasonable time.
(B) Except as otherwise provided herein, Minn. Stat. §§ 171.01, 171.02, 171.08, 171.22, 171.23 and 171.24, as amended or renumbered after January 1, 2009, are hereby incorporated herein and adopted by reference, including the penalty provisions thereof.
§ 70.03 THROUGH STREET DESIGNATED.
(A) The City Council may designate through streets by erecting signs at entrances thereto or may designate any intersection as a stop intersection by erecting like signs at one or more entrances to the intersection.
(B) Every driver of a vehicle shall stop at the sign before entering an intersection, except when directed to proceed by a police officer.
(Ord. 20.20, passed 8-1-1955) Penalty, see § 10.99
§ 70.04 WHERE STOPS ARE PROHIBITED.
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control device in any of the following places:
(A) On a sidewalk;
(B) In front of a public or private driveway;
(C) Within an intersection;
(D) Within ten feet of a fire hydrant;
(E) On a crosswalk;
(F) Within 20 feet of a crosswalk at an intersection;
(G) Within 30 feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of the street;
(H) Within 50 feet of the nearest rail of a railroad crossing;
(I) Within 20 feet of the driveway entrance to any fire station and on the side of the street opposite the entrance to any fire station within 75 feet of the entrance when properly sign-posted;
(J) Alongside and opposite any street excavation or obstruction when the stopping, standing or parking would obstruct traffic;
(K) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(L) At any place where official signs prohibit stopping including therein places where curbs are painted yellow by order of city authorities;
(M) No person shall, for camping purposes, leave or park a house trailer on or within the limits of any street or public park within the City of Madelia; and
(N) No person shall stop or park a vehicle on any street when directed or ordered to proceed by any peace officer invested by law with authority to direct, control or regulate traffic.
(Ord. 20.20, passed 8-1-1955) Penalty, see § 10.99
§ 70.05 FOLLOWING FIRE APPARATUS.
The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet, or drive into or park the vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
(Ord. 20.20, passed 8-1-1955) Penalty, see § 10.99
§ 70.06 CROSSING FIRE HOSE.
No vehicle shall be driven over any unprotected hose of a Fire Department when laid down on any street or private driveway to be used at any fire or alarm of fire without the consent of the police officer or Fire Department official in command.
(Ord. 20.20, passed 8-1-1955) Penalty, see § 10.99
§ 70.07 REFUSE ON STREET.
(A) No person shall throw or deposit on any street any glass bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon such street or upon any public or privately owned land adjacent thereto without the owners consent.
(B) Any person who drops, or permits to be dropped or thrown, upon any street any destructive or injurious material shall immediately remove the same or cause it to be removed.
(Ord. 20.20, passed 8-1-1955) Penalty, see § 10.99
§ 70.08 SCHOOL CROSSINGS.
When a circular red lens is illuminated or is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
Penalty, see § 10.99
§ 70.09 VEHICLE LIGHTS.
Every vehicle upon a street within the city, at any time from a one-half hour after sunset to a one-half hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the streets at a distance of 500 feet ahead, shall display lighted lamps and illuminating devices, as required for different classes of vehicles by the laws of the State of Minnesota relating thereto and contained in Minn. Stat. Chapter 169, as it may be amended from time to time.
(Ord. 20.20, passed 8-1-1955)
§ 70.10 EQUIPMENT FOR VEHICLES.
Every motor vehicle when operated upon a street within the City of Madelia shall be equipped with brakes, horn, muffler, rear view mirror, wind shield, tires, bumpers and reflectors as required by the laws of the State of Minnesota relating thereto and contained in Minn. Stat. Chapter 169, as it may be amended from time to time.
(Ord. 20.20, passed 8-1-1955)
§ 70.11 CHAINS OR METAL STUDS ON TIRES.
No person shall cause or permit any tractor, truck, caterpillar or other vehicle with metal lugs or projections on the outer surface of the wheels or treads thereof to be driven or propelled over any street in this municipality the surface of which has been paved with cement or asphalt or treated with tarvia. Provided however that this prohibition shall not apply to automobiles or trucks or buses equipped with standard tire chains or lugs when used for emergencies by reason of snow or ice on the streets.
(Ord. 4.40, passed - -) Penalty, see § 10.99
SPECIFIC REGULATIONS
§ 70.20 ONE-WAY STREETS AND ALLEYS.
(A) The City Council shall have authority to designate any street or alley within the City of Madelia as a one-way street or alley and that designation shall be effective when signs giving notice of the designation are posted at the entrance to the street or alley.
(B) No vehicle shall be driven on a street or alley designated as a one-way street or alley except in the direction indicated on the signs posted at the entrance to the street or alley.
(Ord. 20.21, passed 10-10-1955) Penalty, see § 10.99
§ 70.21 DRUGS AND LIQUOR.
(A) Persons under the influence of drugs. It is unlawful for any person who is a habitual user of narcotic drugs or any person who is under the influence of narcotic drugs to drive or operate any vehicle within the City of Madelia, Minnesota.
(B) Persons under the influence of intoxicating liquor. It is unlawful for any person who is under the influence of intoxicating liquor to drive or operate any vehicle within the City of Madelia, Minnesota.
(Ord. 20.10, passed 8-1-1955) Penalty, see § 10.99
§ 70.22 EXHIBITION DRIVING.
(A) Exhibition driving prohibited. No person shall turn, accelerate, decelerate or otherwise operate any vehicle within the City of Madelia in any manner which creates or causes unnecessary engine noise or backfire, tires squealing, skidding, sliding, swaying, throwing of sand or gravel, or in a manner simulating a temporary race.
(B) Prima facie evidence. Squealing or screeching sounds emitted by tires, or the throwing of sand or gravel by the tires, shall constitute prima facie evidence of a violation of this section.
(Ord. 20.26, passed 8-28-1972) Penalty, see § 10.99
§ 70.23 ENGINE RETARDING BRAKES.
(A) It shall be unlawful for any truck to intentionally use an engine retarding brake on any public highway, street, parking lot or alley within the corporate city limits of the City of Madelia, Minnesota, except in an emergency. Appropriate signs prohibiting the brake use shall be erected at highway entrances to the City of Madelia accordingly.
(B) For purposes of this section, an ENGINE RETARDING BRAKE shall mean a Dynamic Brake, Jake Brake, Jacobs Brake, C-Brake, Paccar Brake or other similar engine retarding brake system which alters the normal compression of the engine and subsequently releases the compression causing abnormal or excessive noise from the engine.
(Ord. 20.40, passed 11-22-1999) Penalty, see § 10.99
§ 70.24 SNOWMOBILES.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 snowmobile entitled to the use or possession thereof.
PERSON. Includes an individual, partnership, corporation, the state and its agencies and subdivisions, and any body of persons, whether incorporated or not.
SNOWMOBILE. A self-propelled vehicle designed for travel on snow or ice or natural terrain steered by wheels, skis or runners.
(B) Except as herein specifically permitted and authorized, it is unlawful for any person to operate a snowmobile within the limits of the City of Madelia:
(1) On the portion of any right-of-way of any public highway, street, road, trail or alley used for motor vehicle travel, except the most right hand lane (except in passing) which is used for vehicle traffic in the same direction, other than on freeways, interstate, trunk, county state-aid or county highways. Snowmobiles may also be operated upon the ditch bottom where lawfully so posted or the outside bank of trunk, county state-aid and county highways where those highways are so configured within the corporate limits;
(2) On a public sidewalk provided for pedestrian travel;
(3) On boulevards within any public right-of-way;
(4) On private property of another without specific permission of the owner or person in control of the property; or
(5) On any other public place except as may be specifically permitted by other provisions of the city ordinances.
(C) A snowmobile may make a direct crossing of a street or highway, except an interstate highway or freeway, provided:
(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 is brought to a complete stop before crossing the shoulder or main traveled way;
(3) The driver yields the right-of-way to all oncoming traffic which constitutes an immediate hazard;
(4) In crossing a divided street or highway, the crossing is made only at an intersection of the street or highway with another public street or highway; and
(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.
(D) City traffic ordinances shall apply to the operation of snowmobiles upon streets and highways, except for those relating to required equipment, and except those which by their nature have no application.
(E) No snowmobile 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.
(F) Persons under 18:
(1) 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 unless accompanied by a certified operator or adult. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets and highways as permitted under this section and make a direct crossing of the streets and highways only if he or she has in his or her immediate possession a valid snowmobile safety certificate issued by the Commissioner, as provided by Minn. Stat. § 84.872, as it may be amended from time to time; and
(2) It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated contrary to the provisions of this section.
(G) It is unlawful for any person to operate a snowmobile within the limits of the City of Madelia:
(1) At any place, while under the influence of alcohol or drugs as defined by state law, which is hereby incorporated herein by reference;
(2) At a rate of speed greater than reasonable or proper under all surrounding circumstances;
(3) At any place in a careless, reckless or negligent manner or heedlessly in disregard of 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 7:00 a.m. of any day, closer than 100 feet to any dwelling which is usually occupied by one or more persons, except in going to or returning from a ride. There will be no snowmobile operation within the city limits before 12:00 p.m. on any Sunday morning;
(5) So as to tow any person or thing in a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile; and
(6) Within 100 feet of any fisherman, pedestrian, skating rink or sliding area where the operation would conflict with use or endanger other persons or property.
(H) It is unlawful for any person to operate a snowmobile any place within the limits of the City of Madelia unless it is equipped with the following:
(1) Standard mufflers which are properly attached and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe or similar device on a snowmobile motor;
(2) Brakes adequate to control the movement of and to stop and hold the snowmobile under any condition of operation;
(3) A safety or so-called "deadman" throttle in operating condition. A safety or "deadman" throttle is defined as a device which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track;
(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 or vehicles at a distance of at least 100 feet ahead during the hours of darkness under normal atmospheric conditions. The head lamp shall be so aimed that glaring rays are not projected into the eyes an oncoming snowmobile operator. It shall also be equipped with at least one red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions;
(5) A pennant flag of red or blaze material, of a size not less than 12 inches by nine inches, at a height of not less than six feet from the ground level at any time when the vehicle is operated on public streets; and
(6) Reflective material at least 16 square inches on each side, forward of the handlebars, so as to reflect light at a 90-degree angle.
(I) Every person leaving a snowmobile on a public place shall lock the ignition, remove the key and take the same with him or her.
(J) Notwithstanding any prohibitions in this section, a snowmobile may be operated on a public thoroughfare in an emergency during the period of time when, and at locations where, snow upon the roadway renders travel by automobile impractical.
(K) It is unlawful to intentionally drive, chase, run over or kill any animal with a snowmobile.
(L) It is unlawful to operate a snowmobile within city limits at any speed greater than 15 miles per hour
(Ord. 20.24, passed 2-9-1970) Penalty, see § 10.99
§ 70.25 FOUR-WHEEL ALL TERRAIN VEHICLES.
(A) Definition. For purposes of this section, a FOUR-WHEEL ALL TERRAIN VEHICLE is a motorized flotation tired vehicle with four low-pressure tires that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds.
(B) Permits required. No four-wheel all terrain vehicle shall be operated on the streets, alleys or highways under the jurisdiction of the City of Madelia by any dealer or customer of a dealer without the dealer first having a written permit from time to time from the city. The fee for the dealer's permit shall be fixed by resolution of the Council.
(C) Application forms. Applications for a permit for a dealer or dealer's customers to operate a four-wheel all terrain vehicle shall be made to the City Administrator on forms furnished by the city.
(D) Permit expiration. A permit shall expire one year after it is issued and may be renewed annually.
(E) Permit revocation. A permit may be revoked at any time if there is evidence that the dealer cannot safely operate the four-wheel all terrain vehicle on the streets, alleys and highways under the jurisdiction of the City of Madelia.
(F) Insurance required. Each dealer applicant for a permit shall be required to furnish evidence of insurance complying with the provisions of Minn. Stat. § 65B.48, Subd. 5, as it may be amended from time to time.
(G) Times of operation.
(1) Four-wheel all terrain vehicles may only be operated on the above streets under the jurisdiction of the City of Madelia from sunrise to sunset.
(2) They shall not be operated in inclement weather or when visibility is impaired by weather, smoke, fog or other conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.
(3) The dealer and every customer of the dealer operating a four-wheel all terrain vehicle under the dealer's permit on the designated streets has all the rights and duties applicable to the driver of any other vehicle under the provisions of Minn. Stat. Chapter 169A, as it may be amended from time to time, except when those provisions cannot reasonably be applied to four-wheel all terrain vehicles and except as otherwise specifically provided by law.
(H) Unlawful. It is unlawful to operate a four-wheel all terrain vehicle inside city limits at any speed greater than 15 miles per hour.
(Ord. 20.32, passed 4-8-1996) Penalty, see § 10.99
§ 70.26 PARKING; SNOW REMOVAL PERIODS AND STREET CLEANING.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS DISTRICT. The streets in the business district of the City of Madelia, as used in this section, are hereby defined as follows:
(a) Main Street from Center Avenue to Benzel Avenue;
(b) First Street Northeast from Center Avenue to Benzel Avenue;
(c) Center Avenue from First Street Northwest to First Street Southwest;
(d) Benzel Avenue from First Street Northwest to Main Street; and
(e) Abbot Avenue Southwest from Main Street to First Street Southwest.
SNOW REMOVAL PERIOD. That period commencing any time snow accumulates on the ground in excess of three inches, or when the proper city official designated by the City Council directs the proper city personnel to place signs clearly posted on any street, or when public notice has been given by any other means available, and terminating on those streets on which snow has been removed if the removal has been completed in a period of time less than three days, and in any event shall terminate after three-days' time.
STREET. Includes all streets avenues, alleys or other public ways in the City of Madelia.
VEHICLE. Includes all motor vehicles, trailers of all kinds, and contrivances of any kind being moved on wheels.
(B) Parking during snow removal period. No person except physicians and ambulance drivers on emergency calls shall park any vehicle on any street in the City of Madelia during a snow removal period as herein defined on any even-number day of the month on that side of the street bearing even-numbered U.S. post office addresses, and on odd-numbered days of the month on the side of the street bearing odd-numbered U.S. post office addresses; each day shall be determined to commence at 4:00 a.m. and shall terminate at 7:00 p.m.
(C) Parking in business district luring snow removal period. On the streets in the business district, as herein defined, no person shall park any vehicle during a snow removal period, as herein defined, on the side of the street where signs have been posted by authorised city agents under authority from the City Council designating "No Parking" by reason of snow removal operations, which no parking rule shall begin 30 minutes after signs are posted, as herein provided, and shall terminate on that part of the street when snow removal has been completed and in any event shall terminate after three-days' time.
(D) Parking in business district for snow cleaning operations. In order to facilitate the cleaning and sweeping of streets in the business district, as herein defined, no person shall park any vehicle during the period from 1:00 a.m. to 5:00 a.m. in the business district on any Tuesday, Thursday and Saturday on that side of the street bearing even-numbered U.S. post office addresses, and on any Monday, Wednesday and Friday on that side of the street bearing odd-numbered U.S. post office addresses. Proper signs shall be posted in the business district giving notice of these parking restrictions.
(E) Violation; towing. Persons violating this section may be towed pursuant to § 70.27.
(Ord. 20.22, passed 7-12-1965) Penalty, see § 10.99
§ 70.27 TOWING AUTHORIZED.
(A) Towing authority. For purposes of this section, TOWING AUTHORITY means:
(1) Any local authority authorized by Minn. Stat. § 169.04, as it may be amended from time to time, to enforce the traffic laws, and a private towing company authorized by a local authority; or
(2) An authorized employee of the City of Madelia.
(B) Towing order required. A towing authority may not tow a motor vehicle from public property unless a peace officer or parking enforcement officer has prepared, in addition to the parking citation or administrative fine, a written towing report describing the motor vehicle and the reasons for towing. The report must be signed by the officer and the tow driver.
(C) Four-hour waiting period. In enforcing state and local parking and traffic laws, a towing authority may not tow, or allow or require the towing of, a motor vehicle from public property for a parking or traffic violation until four hours after issuance of the traffic ticket or citation, except as provided in this section.
(D) Towing allowed. A towing authority may tow a motor vehicle without regard to the four-hour waiting period if:
(1) The vehicle is parked in violation of snow emergency regulations or § 70.26 of this Code, and has received a warning no less than 24 hours prior to the time of tow;
(2) The vehicle is blocking a driveway, alley, or fire hydrant;
(3) The vehicle is parked within 30 feet of a stop sign and visually blocking the stop sign;
(4) The vehicle is parked in a disability transfer zone or disability parking space without a disability parking certificate or disability license plates;
(5) The vehicle is parked in an area that has been posted for temporary restricted parking at least 12 hours in advance.
(6) The vehicle is parked within the right-of-way of a controlled-access highway or within the traveled portion of a public street when travel is allowed there;
(7) The vehicle is unlawfully parked in a zone that is restricted by posted signs to use by fire, police, public safety, or emergency vehicles;
(8) A law enforcement official has probable cause to believe that the vehicle is stolen, or that the vehicle constitutes or contains evidence of a crime and impoundment is reasonably necessary to obtain or preserve the evidence;
(9) The driver, operator, or person in physical control of the vehicle is taken into custody and the vehicle is impounded for safekeeping;
(10) A law enforcement official has probable cause to believe that the owner, operator, or person in physical control of the vehicle has failed to respond to five or more citations for parking or traffic offenses;
(11) The vehicle is unlawfully parked and prevents egress by a lawfully parked vehicle;
(12) The vehicle is parked, on a school day during prohibited hours, in a school zone on a public street where official signs prohibit parking; or
(13) The vehicle is a junk, abandoned, or otherwise unauthorized vehicle.
(E) Private property. This section does not restrict the authority of the owner of private property to authorize the towing of a motor vehicle unlawfully parked on the private property.
(F) Damages. The owner or driver of a motor vehicle towed in violation of this section is entitled to recover from the towing authority the greater of $100 or two times the actual damages sustained as a result of the violation, whichever is the lesser amount. Damages recoverable under this subdivision include but are not limited to costs of recovering the vehicle, including time spent and transportation costs.
Penalty, see § 10.99
Statutory reference:
Similar provisions, see Minn. Stat. § 169.041
§ 70.28 NOTICE TO VICTIM OF VEHICLE THEFT.
(A) Notification. The towing authority that originally received the report of a vehicle theft shall make a reasonable and good faith effort to notify the victim of the reported vehicle theft within 48 hours after recovering the vehicle or receiving notification that the vehicle has been recovered. The notice must specify when the recovering towing authority expects to release the vehicle to the owner and where the owner may pick up the vehicle. The law towing authority that recovers the vehicle must promptly inform the agency that received the theft report that the vehicle is recovered, where the vehicle is located, and when the vehicle can be released to the owner.
(B) Violation dismissal. An administrative fine, traffic violation citation or complaint given to the owner of the vehicle as a result of the vehicle theft must be dismissed if the owner presents, by mail or in person, a police report or other verification that the vehicle was stolen at the time of the violation.
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