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HomeMy WebLinkAboutChapter 14: Control of Traffic and Vehicles City of Edina Control of Traffic and Vehicles 1400.05 CHAPTER 14. CONTROL OF TRAFFIC AND VEHICLES Section 1400 - Pedestrian, Bicycle and Vehicular Traffic; Parking, Standing and Loading 1400.01 Highway Traffic Regulation Act Adopted by Reference. Except as otherwise provided in this Chapter, or elsewhere in this Code, M.S. Chapter 169, (commonly referred to as the Highway Traffic Regulation Act), is hereby incorporated herein and adopted by reference, including the penalty provisions. 1400.02 Definitions. Any term used in this Section and defined in M.S. 169.01 has the meaning given it by that Chapter. 1400.03 Owner Allowing Non-Licensed Person to Drive. No person having possession or control of a motor vehicle shall knowingly authorize or allow the vehicle to be driven or operated by any person prohibited from driving or operating such vehicle. 1400.04 Use of Vehicle Not Registered or Displaying Number Plates. Except as to vehicles exempted by law from registering and displaying license plates, no person shall use or operate any vehicle on public streets or highways in the City which has not been duly registered or does not display current number plates issued for such vehicle, provided that the foregoing shall not apply to the operator of a new motor vehicle who displays on the vehicle a valid permit issued by the motor vehicles registrar under M.S. 168.090, 168.091 or 168.092. 1400.05 Violations Involving Registration Plates or Serial Numbers on Motor Vehicles. No person shall: A. Display or cause to be displayed or have in possession any canceled, revoked, suspended or fraudulently obtained or stolen registration plates, B. Lend the person's registration plates to any other person or knowingly permit the use of such registration plates by another, C. Display or represent as one's own any registration plates not issued to that person; this shall not apply to any legal change of ownership of the motor vehicle to which the plates are attached, or D. Destroy, alter, remove, cover or deface the identification or serial number of any motor vehicle or knowingly operate any motor vehicle when its identification or serial number has been destroyed, altered,removed, covered or defaced without first making application for assignment of a special identification number as provided by this Code or State law. 1400 - 1 City of Edina Control of Traffic and Vehicles 1400.08 E. Alter or deface a temporary vehicle permit issued under M.S. 168.0901 168.091 or 168.092. 1400.06 Additional Violations Involving Registration Certificates and Number Plates. No person shall use or operate or cause to be used or operated any motor vehicle while a certificate of registration of the motor vehicle issued to the person is suspended or revoked. No person shall deface or alter any registration certificate or possess it after it has been defaced or altered, pursuant to M.S. 168.36. 1400.07 General Rules for Drivers. Subd. 1 Stop for School Stop Signs. Every driver of a vehicle shall stop at a sign marked "Stop, School" before entering an intersection. Subd. 2 Backing. No person in control of any vehicle shall back the vehicle without ample warning. While backing, care must be exercised not to injure persons or property. In no case, shall any vehicle be backed around a corner at or into an intersection of streets or highways. Subd. 3 Driving or Parking on Sidewalk. No vehicle shall be parked or driven on or along a sidewalk. Subd. 4 Quiet Zones. On any street in the vicinity of any hospital or other institution in which sick or wounded persons are cared for or treated, where a sign is displayed containing the words "Hospital, Quiet," no person shall make or cause to be made by any person, or object under that person's control any unnecessary noise by fast driving, ringing of bells, blowing of horns, whistles, or other devices or instruments under that person's control, or in any other way, in such vicinity, so as to unreasonably disturb the peace, comfort, or quiet of any patient of such hospital or institution. 1400.08 Regulation of Speed. Subd. 1 Speed in Alleys. No person shall drive a vehicle on any public alley at a speed greater than is reasonable and prudent under the circumstances, and in no event at a speed greater than ten miles per hour. Subd. 2 Unreasonable Acceleration of Motor Vehicles. No person shall start or accelerate any motor vehicle with an unnecessary exhibition of speed or noise on any public or private roads, streets, or highways within the City. Prima facie evidence of such unnecessary exhibition shall be driving in excess of the posted speed limit; or squealing or screeching sounds emitted by the tires; or unnecessary skidding or sliding upon acceleration; or the throwing of sand or gravel by the tires of said vehicle, or a combination of any of these. 1400 - 2 City of Edina Control of Traffic and Vehicles 1400.10 1400.09 Pedestrians'Rights and Duties. No person or group of persons shall assemble or cause others to assemble on any sidewalk so as to unreasonably obstruct the free passage of pedestrians on the sidewalk or unreasonably interfere with the use of it. 1400.10 Parking, Stopping and Standing; Loading. Subd. 1 Additional Parking Rules. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: A. On a boulevard between sidewalk and roadway; B. Within five feet of the intersection of any public or private driveway or alley with any street or highway; C. In any place where the vehicle will block a fire escape or the exit from any building; or D. In any place where temporary signs prohibit parking as long as the signs are in place. Subd. 2 Angle Parking. Upon streets which have been marked or signed for angle parking, vehicles shall be parked at the angle to the curb indicated by the marks or signs. Subd. 3 Manner of Parking and Right-of-Way. The driver of a vehicle who intends to park at the curb of any street or highway at a place about to be vacated by another vehicle shall stop in back of the parking space and wait until the vehicle has vacated the parking space. The person so desiring to park shall then move the said vehicle to a place immediately in front of said parking space and back into it, and the driver of any other vehicle approaching from the rear shall yield the right-of- way to the person for the purpose of parking at said parking space. In case there is no vehicle in position immediately in front of said parking space prepared to back into it, and the parking space is large enough to permit it, the driver of an approaching vehicle may head into the parking space without backing. In no case shall the front or rear extremities of the parked vehicle be closer than four feet to the front or rear of any parked vehicle. Subd. 4 Vehicle Back to Curb. No driver shall back a vehicle up to the curb to load or unload except when the weight or bulk of the load necessitates loading or unloading in this position, and then only for the period of time necessary to load or unload the vehicle. Subd. 5 Truck Loading Zones. No person shall stop, stand or park a vehicle, other than a truck as defined in M.S. 169 in any space marked or signed as a Truck 1400 - 3 City of Edina Control of Traffic and Vehicles 1400.10 Loading Zone. Trucks shall not be parked in Truck Loading Zones for any purpose other than, or for longer than necessary, to unload, deliver, or to pick up and load materials between 7 A.M. and 8 P.M., unless otherwise designated. Subd. 6 Passenger Loading Zones. No person shall stop, stand, or park a vehicle for any purpose or period of time other than for the loading or unloading of passengers in any place officially designated and marked as a Passenger Loading Zone during the hours when the regulations applicable to the Passenger Loading Zone are effective, and then only for a period not to exceed three minutes. Vehicles must parallel park in such zones. Subd. 7 Limited Parking Zones. A. Generally. Except on Sundays and legal holidays, no person shall park any vehicle for a longer period than is designated on the signs marking the zone in any Limited Parking Zone established by the Council. B. Six Hour Parking. No person in charge of any vehicle shall park or permit the vehicle to stand upon any street or highway for more than six consecutive hours,unless otherwise designated on erected and installed signs. This paragraph shall not apply to vehicles used by persons while such persons are present and actively engaged in services performed on the premises of others, such as painting,home construction or repair, installation of appliances, cleaning, or fumigating. C. Seasonal Parking Restriction. From November 1 to March 31, inclusive, no person shall park or permit any vehicle to stand on any street, highway or alley for all or any part of the period from 1 A.M. to 6 A.M. D. Shifting of Parked Vehicle. To regulate limited parking, any vehicle moved a distance of not more than three tenths of a mile during the limited parking period shall be deemed to have remained stationary. Subd. 8 Vehicle Ignition to be Locked. Every person parking a passenger automobile on a public street or alley shall lock the ignition, remove and take the key. Subd. 9 Leaving Unattended Children. No person in a position of authority shall leave a child under the age of six years unattended in a motor vehicle unless the ignition is locked in the off position and the keys are removed from the vehicle. In no event shall a child under the age of six years be left unattended in a vehicle for more than 15 minutes. "Position of authority" includes but is not limited to, any person who is a parent or acting in place of a parent and charged with any of a parent's rights, duties or responsibilities to a child, or a person who is charged with any duty or responsibility for the health, welfare, or supervision of a child, either 1400 - 4 City of Edina Control of Traffic and Vehicles 1400.10 independently or through another, no matter how brief, at the time of the act. Subd. 10 Parking in Public Alleys. Vehicles other than trucks shall not be parked in public alleys. Trucks shall not be so parked for a longer period of time than is necessary to load or unload commodities, and then not to exceed 30 minutes. Subd. 11 Double Parking. Vehicles shall not double park on streets or highways, except trucks when calling for or delivering merchandise, and when access to the curb at or immediately adjacent to the place of delivery is blocked by other vehicles, and then only for such length of time as is necessary to load or unload, not to exceed 15 minutes. No motor vehicle, commercial or pleasure, shall double park in any area designated by the Council as a parking meter area. Subd. 12 Removal of Vehicles After Snowfall. No person shall park or leave standing any vehicle on any street or alley in the City after a snowfall of at least 1 and 1/2 inches in depth until after the snow on the street has been removed or plowed to the curb line. Any vehicle parked or left standing on the street in violation of this Subdivision may be removed by or under the direction of any police officer or City employee. If the vehicle is removed by or under the direction of the City, the expense may be charged against the owner of the vehicle. The removal shall not prevent prosecution of the owner for a violation of this Subdivision. Subd. 13 Removal of Vehicle for Street Maintenance. Whenever the Engineer shall find it necessary in order to facilitate street maintenance operations, such as resurfacing or removal of snow, ice, or street wastes, to move any vehicle standing on any street, the Engineer or other emergency officials in the discharging of their duties, are authorized to move the vehicle to the extent necessary for such maintenance purposes. Subd. 14 Removal of Illegally Stopped Vehicles. Whenever any police officer finds a vehicle standing upon a street or highway in violation of any of the foregoing provisions of this Subsection, the officer is authorized to move the vehicle pursuant to Section 1410 of this Code or require the driver or other person in charge of the vehicle to remove it to a position off the paved or improved or main traveled part of the street or highway. When any police officer finds a vehicle unattended upon any street,highway,bridge, causeway or tunnel where the vehicle constitutes an obstruction to traffic, the officer shall provide for the removal of the vehicle pursuant to Section 1410 of this Code. All costs incurred by the City in removing any vehicles pursuant to this Subd. 14 may be charged against the owner of the vehicles so moved pursuant to Subsection 100.09 of this Code. Subd. 15 Lights on Parked Vehicles. Pursuant to authority granted by M.S. 169.53, vehicles parked on a highway or adjacent shoulder in accordance with local 1400 - 5 City of Edina Control of Traffic and vehicles 1400.12 parking regulations need not display the required parking lights when parked where there is sufficient light to clearly reveal any person or object within a distance of 500 feet upon the highway. 1400.11 Bus and Taxicab Stands. Subd. 1 Bus or Taxicab Stand. The driver of a bus or taxicab shall not stand or park upon any street in any non-residential district, as designated by Section 850 of this Code, at any place other than a bus stop or taxicab stand, respectively. This provision shall not prevent the driver of such a vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of, and while actually engaged in, loading or unloading passengers. Subd. 2 Stopping in Bus Stop or Taxicab Stand. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropriately sign-posted. However, the driver of a passenger vehicle may stop temporarily therein for the purpose of, and while actually engaged in, loading or unloading passengers when stopping does not interfere with any bus or taxicab waiting to enter or about to enter the zone. 1400.12 Trucks and Truck Zones. Subd. 1 Truck Routes. Truck routes may be established and shall be identified by signs or markings erected and maintained by the Engineer. The establishment of such routes shall be subject to review by the Council. The work "truck" for purposes of this Subsection, shall mean and include truck, trailer, truck tractor and semitrailer. Subd. 2 Operation of Trucks. A. When any truck route has been established and identified, any persons driving a truck having a gross weight of three tons or more shall drive the truck on such route and no other, except when it is impracticable to do so or where it is necessary to cross other streets to a destination to load or unload commodities or to tow a disabled or damaged motor vehicle to or from public or private property, and then only by such deviation from the nearest truck route as is reasonably necessary. B. A truck arriving at the end of any designated truck route may be driven over the most direct course to the nearest truck route which extends in the same general direction. C. The Engineer shall have the authority, for cause or upon request, to issue temporary permits for trucks to operate over routes not established as truck 1400 - 6 City of Edina Control of Traffic and Vehicles 1400.16 routes, or to otherwise deviate from the provisions of this Section. Such action by the Engineer shall be subject to review and modification, or cancellation, by the Council. D. The provisions of this Subsection shall not apply to emergency vehicles of the Police Department, Fire Department, or Health Department,nor to any public utility vehicles where actually engaged in the necessary performance of duties by the public department or public utilities, nor to any vehicle owned by or performing work for the United States of America, the State, or the City. E. In addition to posting signs or marking truck routes, the Engineer shall post signs at the City limits, upon all main traffic routes entering the City, notifying highways users that trucks may be driven only upon marked truck routes. Subd. 3 Trucks Following Each Other. The driver of any truck shall not follow another truck within one hundred feet. This shall not be construed to prevent one truck from overtaking and passing another. 1400.13 Length of Vehicles. No vehicle shall exceed a length of 68 feet extreme overall dimensions inclusive of front and rear bumper. A truck tractor and semitrailer shall be regarded as one vehicle for the purpose of determining lawful length. 1400.14 Unnecessary Noise. Every motor vehicle shall be maintained, loaded and operated so as to eliminate, as far as practicable, all unnecessary and annoying sounds caused by loose, worn, improperly adjusted, or inadequately fastened or connected parts or equipment. 1400.15 Unauthorized Traffic Signs and Regulations; Interference with Signals. Subd. 1 Unauthorized Traffic Regulation. No unauthorized person shall regulate or attempt to regulate traffic upon the highways. Subd. 2 Advertising. The use of red, green or amber lights on the highways for advertising or for signalling purposes, except as provided in this Section, is prohibited. 1400.16 Miscellaneous. Subd. 1 Application to Private Property. All provisions of this Section shall apply to pedestrians or the drivers of vehicles or bicycles upon the streets, highways, or sidewalks of the City, except where clearly inapplicable, and to pedestrians and the drivers of vehicles and bicycles on private roads and driveways of the City,including off-street parking areas. The Manager may establish the maximum speeds at which 1400 - 7 City of Edina Control of Traffic and Vehicles 1400.17 vehicles and bicycles may be driven in such off-street parking areas. The speed limits may vary from parking area to parking area and shall be based on the requirements of safety in the affected parking areas. Each speed limit shall be established in writing, filed with the Clerk and shall become effective as an absolute speed limit on being sign-posted at each entrance to the affected parking area. No person shall drive a vehicle or bicycle on the parking area at a speed in excess of the posted speed. Subd. 2 Animal or Animal-Drawn Vehicle. Every person riding an animal or driving any animal-drawn vehicle upon a roadway is subject to the provisions of this Section applicable to the driver of a vehicle, except those provisions of this Section which by their nature can have no application. Subd. 3 Jumping Rides. No person shall ride in or jump into or upon any vehicle without consent of the driver, and no person shall when riding, allow any part of the person's body to project beyond the limits of the motor vehicle in which the person is riding except when signalling as required. No person shall board, alight from nor hang on to any motor vehicle, when the motor vehicle is in motion. This provision shall not apply to any person whose employment makes it necessary to ride in or on a vehicle otherwise than as provided in this Section, when engaged in the necessary duties of the employment. Subd. 4 Use or Sale of Certain Radio Equipment. No person other than State or municipal police officers or City employees authorized by the Police Chief, shall equip any motor vehicle with any radio equipment, or combination of equipment, capable of receiving any radio signal, message or information from any police emergency frequency, or install, use or possess the same in any motor vehicle unless the person has a permit to do so from the State Bureau of Criminal Apprehension. No person shall transfer, barter, exchange or sell such radio equipment to any one not holding such a permit. Subd. 5 Traffic Diverters. The Council may, by resolution, establish traffic diverters at locations on the public streets in the City under its jurisdiction, and for temporary or permanent time periods, to regulate, control and guide traffic, as it deems necessary for the protection and promotion of health, safety and welfare of the citizens. The Engineer shall place traffic control devices in necessary locations to effectuate the Council resolutions. No vehicle shall be driven through or around any such traffic control devices except emergency vehicles and governmental vehicles. 1400.17 Enforcement. Subd. 1 Enforcing Officers. The Police Chief and all police officers of the City shall be responsible for enforcing all the regulations and requirements of this Section. 1400 - 8 City of Edina Control of Traffic and Vehicles 1400.18 Subd. 2 Failure to Give Name and Address. Any person who, when arrested for a violation of this Section, wilfully refuses to give such person's name or address, or who gives a false name or address, shall be guilty of a violation of this Section, regardless of the offense with which the person was originally charged. Subd. 3 Parking Violations. Whenever a parked motor vehicle is found without an operator and in violation of any parking restrictions of this Section, the police officer shall enter on the traffic ticket the date and time, the license number of the vehicle and data as to the nature of the violation, and shall affix the ticket conspicuously to the vehicle. 1400.18 Parking Spaces for the Physically Disabled. Subd. 1 Definitions. Unless the context clearly indicates otherwise, the following words and terms as used in this Subsection shall have the stated meanings: Identifying Certificate. Certificate or insignia issued to physically disabled persons by the State Department of Public Safety pursuant to M.S. 169.345. Physically Disabled Person. The definition in M.S. 169.345, Subd. 2. Subd. 2 Designation and Signing of Parking Spaces. A. Any person, corporation, organization, or governmental subdivision may designate, and reserve for use by physically disabled persons, parking spaces upon property owned or controlled by the party making such designation and reservation. B. Parking spaces hereafter designated and reserved for physically disabled persons shall be not less than 12 feet in width and located as near as practicable to the entrance of the building that is most easily usable by physically disabled persons. C. Designation and reservation of such parking spaces shall be made by the posting of permanent, nonportable signs conforming to the requirements of the manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the Minnesota Commissioner of Highways. D. No person shall erect or cause to be erected signs designating and reserving parking spaces for physically disabled persons unless the location, number, and method of signing of such spaces is first approved by the Building Official or Police Chief. Subd. 3 Parking Restrictions. 1400 - 9 City of Edina Control of Traffic and Vehicles 1400.18 A. The provisions of this Subsection shall apply to all parking spaces designated and reserved for physically disabled persons on both public and private property and whether designated and reserved pursuant to applicable provisions of this Code or State Law, or voluntarily done. B. No person shall park a motor vehicle in parking spaces designated and reserved for physically disabled persons unless: 1. That person is physically disabled or is operating a vehicle under the direction and for the use of a physically disabled person; and 2. The vehicle has displayed prominently upon it a duly issued and valid identifying certificate. Subd. 4 Penalty. A. Any violation of this Subsection shall be a petty misdemeanor. B. Any unoccupied vehicle found violating the provisions of this Subsection may be removed and impounded pursuant to Section 1410 of this Code. Subd. 5 Fire Lane Violations. Violations of Subsection 605.08 of this Code relating to fire lanes shall be governed by and enforced pursuant to Subsection 100.09 of this Code. History. Ord 1401 codified 1970,amended by 1401 Al 5-1-74, 1401-A2 3-24-76, 1401-A3 5-12- 76, 1401-A4 11-24-76, 1401-A5 3-5-80, 1401-A6 8-5-81, 1401-A7 4-28-82, 613 5-16-90 Reference. M.S. Chapter 169, 168.090 through 169.092 Cross Reference. Sections 850, 1410; Subsections 100.09, 605.08 1400 - 10 City of Edina Control of Traffic and Vehicles 1405.03 Section 1405 - Clear View Zone 1405.01 Clear View Zone Defined. The triangular area formed by connecting the following three points: the point of intersection of the curb lines extended of intersecting streets, and a point on each curb line 30 feet from the aforementioned point of intersection. If there are no curbs, the edge of the traveled portion of the street shall be used instead of the curb line. 1405.02 Obstruction of Clear View Zone. No owner of a corner lot shall install, set out, maintain, or permit the installation or maintenance of any sign, hedge, fence, tree, shrub, natural growth,building, structure or other obstruction or any part thereof within the clear view zone except as provided in Subsection 1405.03. 1405.03 Exceptions. The following obstructions are permitted in the clear view zone. A. Obstructions less than 30 inches in height as measured from the top of the adjoining curb. If there is not a curb, the measurement shall be from the edge of the travelled portion of the street. B. Trees pruned to a height of not less than six feet as measured from the top of the adjoining curb. If there is not a curb, the measurement shall be from the edge of the traveled portion of the street. C. Regulatory signs erected by the City, County or State. D. Freestanding signs if at least ten feet of clearance is maintained between the ground and the bottom of the sign and the sign is supported by a single pylon of 12 inches or less in diameter. History: Ord 1402 codified 1970 1405 - 1 City of Edina Control of Traffic and Vehicles 1410.05 Section 1410 - Impounding of Unoccupied Vehicles Found To Be In Violation 1410.01 Unoccupied Vehicles May Be Impounded. Any unoccupied vehicle wherever found in the City violating the provisions of Section 1400 of this Code or otherwise subject to removal pursuant to Section 1400 of this Code may be immediately removed and impounded by any police officer in the manner provided in this Section and shall be surrendered only to the duly identified owner upon the payment of the fees as set forth in Section 185 of this Code. 1410.02 Pound Keeper, Towing and Storage Bids and Charges. The Manager may advertise for bids by persons, desiring to act as pound keepers of vehicles impounded under this Section or may, without advertising for bids, designate persons, who meet the requirements of this Section, to act as such pound keepers. The pound keeper must obtain or provide adequate facilities and equipment, within or near the City, to handle the tows and the storage of vehicles requested by the City. Towing service must be available at any hour and response to requests must be prompt. Each pound keeper shall provide a schedule of charges for the towing, storage and impoundment of vehicles impounded under the provisions of this Section. A copy of this schedule shall be on exhibit in the Police Department. The Manager reserves the right to reject all bids and to terminate at any time, with or without cause, any pound keeper the Manager designates under the provisions of this Section. Pound keepers designated by this Section shall not solicit, directly or indirectly, the impounding and towing of vehicles under this Section, and shall provide such impounding or towing services only as directed by the Police Chief. 1410.03 Charge When Owner Appears Before Towing. When a police officer has ordered a vehicle to be impounded, and when the owner or operator appears prior to the time the vehicle has been towed to the pound, the tow truck operator shall release the vehicle without the payment of any fee or towing charge. 1410.04 Police Department to Notify Owners. Upon receiving ownership records from the Commissioner of Public Safety, the Police Department will endeavor to notify, by telephone or by letter, record owners of unclaimed impounded vehicles within a reasonable time of the impoundment. 1410.05 Storage of Impounded Vehicles. Any impounded vehicle,from the time the pound keeper takes possession and during impoundment and until it is released to the owner, shall be considered to be in the custody of the City. No work shall be done on it by the pound keeper, nor shall the pound keeper permit anyone to do any work on it, except the impounding and storage by an employee or agent, until the car has been released to the owner. Only the impounding and storage fees shall be charged when such cars are released to the owner. The pound keeper shall not permit the owner or any other person to take or remove from an impounded vehicle any part or change or repair any part. All vehicles which have been involved in criminal proceedings, and which are designated by the Police Department as being held for that reason, shall be held and stored in a City 1410 - 1 City of Edina Control of Traffic and Vehicles 1410.11 storage facility. 1410.06 Damaged Vehicles. If any unoccupied vehicle is found upon the streets of the City in such a damaged condition as a result of accident or disrepair that it cannot be driven, and is so located as to constitute an obstruction of the street, the vehicle may be ordered impounded by a police officer. If the owner or operator has requested, or does request, that the vehicle be towed to the owner's or operator's own garage or to any garage other than the pound keeper's, neither the pound keeper nor the police officer, nor anyone else shall order the vehicle to be impounded in any public pound unless the police officer (i) considers possession of the car is necessary to prosecute any person for violation of law or (ii) immediate removal of the vehicle is necessary to ensure public safety. 1410.07 Sale of Vehicle Where Owner Cannot Be Identified. If any vehicle is found or recovered under circumstances which do not give the Police Department or the pound keeper knowledge or means of inquiry as to the true owner, the Police Department shall immediately report the fact in writing to the Clerk. If the Clerk believes the value of the vehicle justifies giving notice of sale of the vehicle as unclaimed property under Section 155 of this Code, the Clerk shall give notice and sell the vehicle as unclaimed personal property under Section 155 of this Code accounting for and depositing the proceeds of sale with the Treasurer. 1410.08 Reports of Police Officer. It shall be the duty of the police officer to make an Automobile Impoundment Report on all impounded vehicles. This report shall give the description of the vehicle with an inventory of any personal properties visible at the time of impoundment. The description and inventory must include the make and license number of the motor vehicle and a statement of the condition of damaged parts. The report shall include the date, time, location and reason for impoundment and any further information which the Police Chief shall deem necessary and advisable. The original and one copy of the Automobile Impoundment Report will be retained by the Police Department, and two copies will be delivered to the pound keeper. Traffic citations may be issued by the police officers for violations of law which resulted in the towing and impoundment of a vehicle. 1410.10 Liability and Property Damage Insurance. The pound keeper must carry liability, property damage and fire insurance coverage with an insurance company acceptable to the Manager licensed to do business in the State, in amounts of not less than $100,000 for injury or death of any one person and not less than $300,000 for total injury or death in any one accident, and not less than$50,000 property damage coverage. The pound keeper shall furnish and file with the Clerk a certificate of such insurance, which shall contain a clause providing for a ten day notice to the City before modification or cancellation. If the bond or insurance policy is cancelled, the pound keeper, before the cancellation date, shall furnish and file a similar new certificate. Failure to comply with the provisions of this Subsection shall automatically cancel the contract as of the cessation date of such insurance coverage. 1410.11 Section to be Included in Bid. This Section shall be a part of any bid approved 1410 - 2 City of Edina Control of Traffic and vehicles 1410.11 by the Manager and of any contract entered into by the City with any pound keeper, and shall be deemed agreed to by any pound keeper designated by the Manager when the pound keeper tows any vehicle pursuant to this Section, as fully and to the same effect as if set forth in the bid or contract or made a part of a written contract with the designated pound keeper. If a contract is entered into, and if any part of any contract entered into shall be inconsistent with the terms of this Section, the provisions of this Section, in all respects shall prevail. History. Ord 1403 codified 1970, amended by 1403 AI 12-14-83 Cross Reference. Sections 155, 185 1410 - 3 City of Edina Control of Traffic and Vehicles 1415.04 Section 1415 - Abandoned Motor Vehicles 1415.01 Adoption of State Law. There is hereby adopted and incorporated by reference, as a provision of this Section, the provisions of M.S. Chapter 168B, except as such provisions may be made more restrictive by this Section. 1415.02 Custody of Abandoned Motor Vehicles. Subd. 1 Taking into Custody. Any City police officer may take into custody and impound any abandoned motor vehicle. Subd. 2 Selecting a Pound Keeper. The Manager may designate a pound keeper for abandoned motor vehicles pursuant to Subsection 1410.02 of this Code. Such pound keeper must be capable of fulfilling the requirements listed in Subsection 1410.02 of this Code. Each bidder shall provide a schedule of charges for the towing, storage and impounding of abandoned motor vehicles impounded under the provisions of this Section. A copy of the schedule shall be on exhibit in the Police Department. The Manager reserves the right to reject all bids. Subd. 3 Storage. Abandoned motor vehicles impounded under the provisions of this Section shall be stored according to the provisions of Section 1410.05 of this Code. 1415.03 Notice of Sale. Subd. 1 Notice Procedures. When an abandoned motor vehicle does not fall within the provisions of M.S. 168B.05, the Police Department shall give notice of the taking within ten days. The notice shall (i) comply with the provisions of Subsection 1415.05, (ii) inform the owner and any lienholders of their right to reclaim the vehicle under M.S. 168B.07, and (iii) state that failure of the owner or lienholders to exercise their right to reclaim the vehicle and contents within 15 days from the date of notice shall be deemed a waiver of all right, title, and interest in the vehicle and contents and a consent to the sale of the vehicle and contents at a public auction pursuant to M.S.168B.08, and that the vehicle will be sold after the expiration of the 15 day period. Subd. 2 Published Notice. The notice shall be given as sent pursuant to M.S. 168B.06- 1415.04 Right to Reclaim. The owner or any lienholder of an abandoned motor vehicle shall have a right to reclaim such vehicle pursuant to M.S. 168B.07. Nothing in this Section shall be construed to impair any lien of a garagekeeper as provided in M.S. 168B.07. 1415 - 1 City of Edina Control of Traffic and Vehicles 1415.06 1415.05 Public Sale. Subd. 1 Method of Sale. If an abandoned motor vehicle and contents is sold at public auction or sale, it shall be sold to the highest bidder following two weeks prior notice of such auction or sale published in the official newspaper of the City. The purchaser shall be given a receipt in a form prescribed by the registrar of motor vehicles. Subd. 2 Disposal of Unsold Vehicles. Abandoned motor vehicles not sold pursuant to Subd. 1 of this Subsection shall be disposed of in accordance with M.S. 168B.09. Subd. 3 Sale Proceeds. Sale proceeds shall be held and disbursed pursuant to M.S. 168B.08 1415.06 Disposal by Other than Sale. Subd. 1 Contracting. The City may contract with persons, duly licensed by the Minnesota Pollution Control Agency pursuant to M.S. 168B.10 or, if no bids are received, may utilize its own equipment and personnel, for collection, storage, transportation and other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling. Subd. 2 Collecting Bids. The Manager may advertise for bids from persons duly licensed by the Minnesota Pollution Control Agency pursuant to M.S. 168B.10 to enter into the contract referred to in Subd. 1 of this Subsection. The person awarded the bid for collection, storage and transportation for recycling of abandoned motor vehicles must be capable of providing for total collection and transportation of abandoned motor vehicles and of conforming to all requirements of the plan of the Minnesota Pollution Control Agency for solid waste disposal which are applicable to abandoned motor vehicles. Each bidder shall provide a schedule of charges for the collection, storage, transportation and other services required by the City, for abandoned motor vehicles impounded under this Section. The Manager reserves the right to reject all bids. Subd. 3 Agency Approval. Before the City shall award or enter into any contract pursuant to this Subsection 1415.06, it shall be approved by the Minnesota Pollution Control Agency. History. Ord 1404 adopted 8-23-73 Reference. M.S. Chapter 168B Cross Reference. Subsections 1410.02, 1410.05 1415 - 2 City of Edina Control of Traffic and Vehicles 1425.03 Section 1425 - Registration of Bicycles 1425.01 Adoption of State Law. There is hereby adopted and incorporated herein by reference, as a provision of this Code, the provisions of M.S. Chapter 168C relating to bicycle registration, except as such provisions may be made more restrictive by this Section. 1425.02 Bicycle Registration Required. All bicycles used or ridden upon any highway, street, alley, sidewalk or other public property within the City shall be registered in the same manner and subject to the same regulations, fees and penalties as those voluntarily registered pursuant to M.S. Chapter 168C. 1425.03 Existing Permanent Licenses to Remain Valid. All existing permanent licenses granted by the City pursuant to former Ordinance No. 1421 of the City are valid as long as the licensed bicyles are in the possession of the original licensee. History: Ord 1423 adopted 8-13-80 Reference: M.S. Chapter 168C 1425 - 1 City of Edina Control of Traffic and Vehicles 1435.04 Section 1435 - Snowmobiles, Motorcycles, All Terrain Vehicles 1435.01 Supplementary Provisions. The provisions of this Section are supplementary to those in M.S. Chapter 84, M.S. Chapter 169 and Section 1400 of this Code. If any provisions of this Section are inconsistent with the provisions of M.S. Chapter 84 or the rules adopted thereunder, M.S. Chapter 169 and Section 1400 of this Code, then the provisions of M.S. Chapter 84 or the rules adopted thereunder, M.S. Chapter 160, and Section 1400 of this Code shall control. 1435.02 Definitions. Unless the context clearly indicates otherwise, the following words have the meanings given in this Subsection: All Terrain Vehicle (ATV . A motorized flotation-tired vehicle of not less than three low pressure tires,but not more than six tires, that is limited in engine displacement of not less than 800 cubic centimeters and total dry weight less than 600 pounds. Motorcycle. A self-propelled vehicle having a saddle for use of the rider and designed to travel on not more than three wheels in contact with the ground. The term includes motor scooter, motor bike and motor bicycle but does not include tractors, earth moving equipment or lawn mowers. Snowmobile. A self-propelled vehicle designed for travel on snow or ice steered by skis or runners. 1435.03 Places Where Prohibited. No person may operate an ATV, motorcycle or snowmobile in the following places: Subd. 1 Private Property. On private property except with the written permission of the owner or lawful occupant. Subd. 2 Public Property. On streets, highways, alleys, sidewalks, parks, playgrounds, school grounds or any other property owned by the public or subject to an easement held by the public, provided, however, (i) properly licensed motorcycles maybe operated on streets and highways subject to the provisions of M.S. Chapter 169 and Section 1400 of this Code and (ii) golf carts may be operated on golf courses. Subd. 3 Public Waters. On any public waters, as defined in M.S. 103G.005, within the jurisdiction of the City. 1435.04 Exception. Motorized golf carts or four-wheel ATVs may be operated by physically disabled persons as defined by M.S. 169.345, Subd. 2, subject to a permit issued pursuant to this Subsection. 1435 - 1 City of Edina Control of Traffic and Vehicles 1435.04 Subd. 1 Application. An application for a permit shall be submitted to the Police Chief on forms provided by the Police Chief. The application shall include: A. The name, address and telephone number of the applicant. B. A certificate of insurance in accordance with M.S. 65B.48, Subd. S. C. The certificate required by M.S. 169.345, Subd. 2A, certifying that the applicant is a physically disabled person. D. A certificate signed by a physician that the applicant is able to safely operate a motorized golf cart or four-wheel ATV on the roadways designated by this Subsection. E. The make, model, and license number of the motorized golf cart or four- wheel ATV proposed for use by the applicant. Subd. 2 Term of Permit. The term of the permit shall be one year from the date of issuance. Subd. 3 Designated Roadways. Motorized golf carts or four-wheel ATVs may be operated by a physically disabled person who has a current permit issued pursuant to this Subsection only on the following roadways: A. Sidewalks, trails, and alleys. B. Private property. C. The travelled portion of streets, except those designated by the Comprehensive Plan as collectors or arterials. History. Ord 1433 codified 1970 Reference. M.S. 65B.48, 84, 169 Cross Reference: Section 1400 1435 - 2