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HomeMy WebLinkAboutX-D-02 ATV-UTV Ordinance Recommendations City Council Memorandum To: Mayor Fasbender and City Council Members From: David Wilske, Chief of Police Date: March 3rd, 2025 Item: ATV/UTV Ordinance Update Recommendations Council Action Requested: Accept recommendations regarding ATV/UTV on City streets as provided by the Public Safety Advisory Commission and request City Attorney to draft ordinance revisions. Background Information: On September 3, 2024, City Council voted 4-2 in favor of revising the ordinance to allow use of special vehicles on City streets. The City of Hastings City Council requested the Public Safety Advisory Commission (PSAC) review and provide recommendations to City Council regarding updates to city ordinance 70.02 and use of UTV/ATV’s on city streets. The PSAC reviewed ordinances from other jurisdictions, pertinent state statute language regarding UTV/ATV’s and consulted with the MN Department of Natural Resources guidebook to determine recommendations to City Council. The PSAC completed their review and a memo that outlines their recommendations. The memo is attached in the packet for review. Financial Impact: Undetermined: Financial Impact would include permits, police officer time for inspection, Deputy City Clerk time for application review. Advisory Commission Discussion: Public Safety Advisory Commission: November 2024 - February 2025 Council Committee Discussion: April and July 2024 Attachments: PSAC Memorandum X-D-02 To: Hastings City Council Hastings City Administration Fr: Public Safety Advisory Council Theresa Auge` Chair of PSAC February 23, 2025 Subject: ATV/UTV Use within the City of Hastings The Commission thanks the council and administration for allowing us to extend an opinion on the topic of ATV/UTV within the City of Hastings. The commission spent several months learning, studying, and gaining knowledge on this topic. We reviewed many different ordinances from other cities. We reviewed the DNR OHV regulations. We heard from a few residents. The commission reached consensus on this topic and concluded their discussion on this topic at our February 20th meeting. We, the Public Safety Advisory Commission, do not support endorsing a change in our current ordinance concerning the use of ATV/UTV on our city streets. We support the current ordinance that allows for the use of ATV/UTV with a disability. There were several reasons for this decision. Should you want to know the reasons we do not support a change to the ordinance, they can be provided to you. The Commission reached consensus on the topic of ATV/UTV for the City of Hastings. Motion: If the city council moves forward with altering the current city ordinance to allow ATV/UTV use without a disability; we feel the following criteria should be included in the altered or new ordinance. Moved by Commissioner Caflisch and seconded by Commissioner Gunter. The motion passed unanimously. Dune buggies, mini trucks and golf carts are not included among the accepted transportation or included in this criteria. Nor does it include pocket rockets. The particulars of obtaining a City of Hastings permit for a Hastings city resident would be based on an inspection by the Police Department. Recognizing there are sections of the city that are a bit challenging to access by ATV/UTV we recommend a map be provided for interested parties. X-D-02 The commission agreed to the following: • Only DNR Class 2 ATV/UTV are allowed under this permit. o MN DNR classifies a Class 2 ATV as: Width greater than 50 inches, but no more than 65 inches. Many refer to this type of vehicle as a side-by-side. o MN Statute identifies a UTV as: a side-by-side, four-wheel drive, off-road vehicle that has 4 wheels, is propelled by an internal combustion engine and dry weight of 1,800 but less than 2,600 pounds (169.045s1). This language is currently in ordinance 70.02 • All drivers must be 18 years of age. They must have a valid driver’s license. They must have valid and current insurance. They must have their City of Hastings permit displayed on the ATV/UTV. o Ordinance 70.02sC(2a) requires proof of insurance. • The driver and all passengers must wear seatbelts. • Those 18 and older recommend the use of a DOT (department of Transportation) helmets but not required. Those passengers under the age of 18, helmets are required o MN Statute 84.9256s2 requires helmets for those under the age of 18. • Passengers must be 12 years or older to ride in an ATV/UTV. • Use of an ATV/UTV is limited to hours of daylight and concludes with a half hour prior to sunset. o State Statute 169.045s3 limits hours of operation unless equipped with headlights and taillights. PSAC opted for limitations even with lighting. o Language currently exists in ordinance 70.02sF. • The use of an ATV/UTV in city parks is prohibited. (Refer to map.) • The use of an ATV/UTV on a sidewalk is prohibited. • The use of an ATV/UTV on ISD 200 grounds is prohibited. • The use of an ATV/UTV in the Historic section of Hastings is prohibited. (Refer to map.) • Speed limits are controlled by the posted speed limits. All MN traffic laws, and City of Hastings ordinances must be complied with. o MN Statute 169.045s6 • Each ATV/UTV must have 3 working mirrors. A rearview and a right and left side mirror. • Each ATV/UTV must have a rollbar. • Each ATV/UTV must be equipped with 4 DOT (department of transportation) tires. • If the ATV/UTV does not have a windshield, the driver and any passengers must have eye protection. • Each ATV/UTV must have working headlights, brake lights, and turn signals. Headlights must be on when driving. o MN Statute 84.928s1a(c) states ATV’s cannot travel on public roadways unless equipped with at least one headlight and taillight. X-D-02 • No person shall use a muffler cutout, by-pass, straight pipe or similar device on their ATV/UTV. Standard mufflers which are properly attached, and which reduce the noise of operation of the motor to the minimum necessary for operation. • A slow-moving emblem is required on the back of the ATV/UTV. o MN Statute 169.045s4 requires this as well. o Language currently exists in ordinance 70.02sG. • No person shall operate an ATV/UTV in inclement weather or when visibility is impaired by weather, smoke, fog, or other conditions, or at any time when there is insufficient visibility to clearly see persons and vehicles on the roadway at 500 feet. o MN Statute 169.045s3 also mentions sunrise to sunset (unless equipped with lighting, no driving in inclement weather and when visibility is below 500 feet. o Language currently exists in ordinance 70.02sF. • Nothing in this ordinance shall be construed as an assumption of liability by the City of Hastings for any injuries to people which may result from the operation of an ATV/UTV by a permit holder or the failure by the City of Hastings to revoke the permit. *MN Statue 169.045 authorizes the City of Hastings to authorize operation of ATV’s on city streets and set regulations. *PSAC is recommending the city still allow the medical acceptation for golf cart use, but include the aforementioned additions for recreational ATV/UTV use. 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