HomeMy WebLinkAboutRecreational Motor Vehicle Control - 4-8-1975J
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The matter of the proposed recreational moter vehicle ordinance
was brought up for final action.After listening to various interested parties,
motion was made by George '.''alter,seconded by Andy Leitch and unanimously
carried,to adopt the following ordinance:
The County Board of Otter Tail County ordains:
I.General Provisions.
A.Title.This ordinance from date of passage shall be entitled:
RECREATIONAL MOTOR VEHICLE CONTROL ORDINANCE
OTTER TAIL COUNTY MINNESOTA
B.Purpose.The purpose of this ordinance is to regulate the
operation of recreational motor vehicles in Otter Tail County
lying outside of any city or borough and limits of towns having
the powers of cities pursuant to law.
C.Legal Authority.This ordinance is enacted pursuant to authority
delegated pursuant to MINN.STATS,ii 375.51,84.90 and 84.87.
II.Definitions.For purposes of this ordinance,the terms and words
shall be defined as follows:
A.Wprds used in the present tense shall include the future,
words used in the singular include the plural,words used
in the plural include the singular and words used in the
masculine gender include the feminine gender.
B."Person"includes an individual,partnership,corporation,the
state and its agencies and subdivisions and any body of per
sons whether incorporated or not.
C."Operate"means to drive,operate or be in actual physical con
trol of a recreational motor vehicle.
D."Operator"means every person who drives,operates or is in actual
physical control of a recreational motor vehicle.
E."Owner"means a person,other than a lien holder,having the pro
perty in or title to a recreational motor vehicle entitled to the
use or Dossession thereof.
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F."Recreational Motor Vehicle"means any self-propelled vehicle used
for recreational purposes,including but not limited to,snowmobiles,
trail bike or other all-terrain vehicles,hovercraft,or motor
vehicle licensed for highway operation which is being used for off-
road recreational purposes.
III.Unlawful Acts.
A.(1)No person shall enter on any land not his own for the purpose
of operating a recreational motor vehicle after being notified,
either orally or by written notice,by the owner,occupant or
lessee,not to do so,provided that where printed notices are used,
such notice shall state one of the following:
"Recreational Vehicles Prohibited","Snowmobiles Prohibited",
•Trail Bikes Prohibited","All-Terrain Vehicles Prohibited"or
any sign which has been adopted prohibiting recreational motor
vehicles by the Minnesota Commissioner of Natural Resources pur
suant to rule or regulation,in letters not less than two (2)
inches high and signed by the landowner,occupant or lessee,and
posted at intervals of not more than 30 rods,at corners and
ordinary ingress and egress of the land so protected.
(2)Failure to post notice as provided shall not deprive a per
son of the right to bring a civil action for damage as otherwise
provided by law.
B. It is unlawful for a person to post,mutilate or remove any
notice or sign provided in this ordinance upon any lands or waters
over which he has no right,title,interest or license.
C.It is unlawful for a person,other than a duly constituted legal
authority,to post any public lands,including but not limited to
tax forfeited lands,as above described.
D.No person shall enter or leave lands of another with a recreational
motor vehicle,or pass from one portion of such lands to another
portion,through a closed gate,without returning the gate to its
original position.
E.No person shall enter or leave the lands of another with a recreational
motor vehicle by cutting any wire or tearing down or destroying any
fence.
F.It is unlawful for any person registered as the owner of a recreational
vehicle to permit or allow his recreational motor vehicle to be operated
contrary to this ordinance provided the foregoing shall not apply if
(1)the recreational motor vehicle was reported as stolen to a law
enforcement agency,or if C2)the owner demonstrates that the recrea
tional motor vehicle was stolen or not in use at the time of the unlaw
ful act, or if (3)the owner furnishes to law enforcement officers,upon
request,the identity of the operator at the time of the unlawful act.
G.Violations of this ordinance shall be pnnishable as a misdemeanor.._
IV.Exceptions.
The provisions of this ordinance shall not apply to any person who is a
member of a law enforcement agency engaged in the performance of that
person's official duties.
V.Severability.•*'
If any section,subsection,sentence,clause or phrase is for any reason
held to be invalid,this shall not.affect the validity of the remaining
portions of this ordinance.
VI.Effective Date.
This ordinance shall become effective when published in the official
newspaper of Otter Tail County as a part of the proceedings of the
meeting at which the ordinance was enacted.
Adopted at Fergus Falls,Minnesota this 8th day of April,1975.
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