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.
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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.
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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