70.01 State
highway traffic regulations adopted by reference
70.02 Trucks
prohibited on certain streets
70.03 Stop
intersections
70.04 Through
streets and one-way streets
70.05 Turning
restrictions
70.06 U-turns
restricted
70.07 Excessive
noise
70.08 Exhibition
driving prohibited
70.09 Cruising
prohibited
70.20 Definitions
70.21 Permit
required
70.22 Application
for permit
70.23 Standards
for issuance of permit
70.24 Notice
of rejection of permit application
70.25 Appeal
procedure when permit denied
70.26 Alternative
permit
70.27 Notice
to city and other officials when permit issued
70.28 Contents of permit
70.29 Duties
of permittee
70.30 Public
conduct during parades
70.31 Revocation
of permit
§ 70.01 STATE HIGHWAY
TRAFFIC REGULATIONS ADOPTED BY REFERENCE.
(A) The Highway Traffic Regulations Act
is hereby adopted by reference. The
regulatory
provisions of M.S. Chapter
169, as it may be amended from time to time, are hereby adopted as a traffic
ordinance regulating the use of highways, streets and alleys within the city
and are hereby incorporated in and made a part of this section as completely as
if set out in full herein.
(B) The penalty for violation of the
provisions of state statutes adopted by reference in this section shall be
identical with the penalty provided for in the statutes for the same offense.
§ 70.02 TRUCKS PROHIBITED ON CERTAIN STREETS.
(A) The City Council by resolution may
designate streets on which travel by commercial vehicles in excess of 10,000
pounds axle weight is prohibited. The
Chief of Police shall cause appropriate signs to be erected on those
streets. No person shall operate a
commercial vehicle on posted streets in violation of the restrictions posted.
(B) The weight restrictions established
in division (A) shall not apply to city or emergency vehicles, public school
buses or to garbage and refuse trucks making regular collections and are under
contract with the city, nor shall the
weight restrictions in division (A) apply if a commercial vehicle must use the
particular street in question for the purpose of local pick-up or delivery.
Penalty, see § 10.99
§ 70.03 STOP INTERSECTIONS.
The city may designate intersections as
a stop intersection and require all vehicles to stop at one or more entrances
to those intersections. The city shall
post signs at those designated intersections, giving notice of the designation
as a stop intersection. It shall be
unlawful for any person to fail to obey the markings or signs posted under this
section.
Penalty, see § 10.99
§ 70.04 THROUGH STREETS AND ONE-WAY STREETS.
The City Council by resolution may
designate any street or portion of a street as a through street or one-way street where necessary to
preserve the free flow of traffic or to prevent accidents. No trunk highway shall be so designated
unless the consent of the Commissioner of Transportation to the designation is
first secured. The city shall cause
appropriate signs to be posted at the entrance to designated streets. It shall be unlawful for any person to fail
to obey the markings or signs posted under this section.
Penalty, see § 10.99
§ 70.05 TURNING
RESTRICTIONS.
(A)
The City Council
by resolution may, whenever necessary to preserve a free flow of traffic or
to prevent accidents,
designate any intersection as one where turning of vehicles to the left or to
the right, or both, is to be restricted at all times or during specified
hours. No intersection on a trunk
highway shall be so designated until the consent of the Commissioner of
Transportation to the designation is first obtained.
(B) The city shall mark by appropriate
signs any intersection so designated.
(C) No person shall turn a vehicle at
any intersection contrary to the direction on those signs. Penalty, see
§ 10.99
§ 70.06 U-TURNS
RESTRICTED.
No person shall turn a vehicle so as to
reverse its direction on any street in the business district or at any intersection where traffic is
regulated by a traffic control signal.
Penalty, see § 10.99
§ 70.07 EXCESSIVE
NOISE.
(A) As used in this section, LIGHT-MOTOR
VEHICLES means any automobile, van, motorcycle, motor-driven cycle,
motor scooter, go-cart, minibike, trail bike, or truck with a gross vehicular
weight of less than 10,000 pounds.
(B) It shall be unlawful for any person
to operate, or cause to operate, or use a light-motor vehicle in a manner as to
cause, or allow to be caused, excessive noise levels as a result of
unreasonable rapid accelerations, deceleration, revving of engine, squealing of
tires, honking of horns, or as a result of the operation of audio devices
including but not limited to radios, phonograph, tape players, compact disc players
or any other sound-amplifying device on or from the light-motor vehicle.
(C) No person shall operate, or cause
to operate, or use a light-motor vehicle in violation of the noise standards
contained in Minn. Rules parts 7030.1050 and 7030.1060, as it may be amended
from time to time.
D) No person shall operate, or cause to
operate, or use a light-motor vehicle that discharges its exhaust other than
through a muffler or other device that effectively prevents loud or explosive
noises. No person shall operate, or cause to operate, or use a light-motor
vehicle whose exhaust system has been modified, altered, or repaired in any
way, including the use of a muffler cut-out or by-pass, that amplifies or
otherwise increases noise above that emitted by the light-motor vehicle as
originally equipped.
(E) The following are exempted from the
provisions of this section:
(1)
Sound emitted
from sirens of authorized emergency vehicles;
(2) Burglar alarms on
light-motor vehicles of the electronic signaling type which also transmit an
audible signal to a receiver which can be carried by the owner or operator of
the vehicle; and
(3) Celebrations on Halloween
and other legal holidays and celebrations in connection with duly authorized
parades.
Penalty, see § 10.99
§ 70.08 EXHIBITION
DRIVING PROHIBITED.
No person shall turn, accelerate,
decelerate or otherwise operate a motor vehicle within the city in a manner
which causes unnecessary engine noise or backfire, squealing tires, skidding,
sliding, swaying, throwing of sand or gravel, or in a manner simulating a
race. Unreasonable squealing or
screeching sounds emitted by tires or the unreasonable throwing of sand or
gravel by the tires is prima facie evidence of a violation of this section.
Penalty, see § 10.99
§ 70.09 CRUISING PROHIBITED.
(A) As used in this section, CRUISING
means the operation of a motor vehicle as defined in M.S. § 169.01,
Subd. 3, as it may be amended from time to time, past a traffic control point
as determined by a peace officer on a street in an area designated “No Cruising
Zone” by City Council resolution four or more times between the hours of 9:00
p.m. and 3:30 a.m.
(B) The passing of a traffic control
point under the conditions previously stated, shall constitute unnecessary
repetitive driving and is a violation of this section.
(C) The following use of vehicles shall
constitute valid exceptions to this prohibition: taxicabs for hire, buses,
authorized emergency vehicle, vehicles use used by or under contract with any
governmental jurisdiction, any vehicle being used to conduct legitimate
business activities.
(D) This section may be enforced only
in an area that has been posted as a “No Cruising Zone.” Signs shall be posted at the beginning and
the end of any public street, alley or highway, or portion thereof which is a
no cruising zone.
§ 70.20 DEFINITIONS.
For the purpose of this subchapter the
following definitions shall apply unless the context clearly indicates or
requires a different meaning.
PARADE. Any parade,
march, ceremony, show, exhibition, pageant, or procession of any kind, or any
similar display in or on any street, sidewalk, park, or other public place in
the city.
PARADE PERMIT. A permit
required by this subchapter.
PARKING LOT. Any paved or
unpaved area used by a place of business or shopping center for the parking of
vehicles of their customers, but shall not include those operated for hire.
§ 70.21 PERMIT REQUIRED.
(A) No person or persons shall engage
or participate in, aid, form or start any parade unless a parade permit has
been obtained from the City Clerk or other authorized city official.
(B) This subchapter shall not apply to:
(1) Funeral processions;
(2) Students going to and from
school classes or participating in educational activities; provided, that the
conduct is under the immediate direction and supervision of the proper school
authorities;
(3) A governmental agency acting
within the scope of its functions.
Penalty, see § 10.99
§ 70.22 APPLICATION FOR PERMIT.
(A) Generally. A person seeking issuance of a parade permit
shall file an application with the City Clerk.
(B) Filing period. The application for a parade permit shall be
filed not less than 72 hours but not more than 60 days before the date on which
it is proposed to conduct the parade.
Failure to file an application 72 hours in advance will not result in
automatic denial of the permit; provided, that the applicant shows reasonable
grounds why the application could not be filed 72 hours in advance.
(C) Required information. The application for a parade permit shall set
forth the following information:
(1) The name, address, and
telephone number of the person seeking to conduct the parade;
(2) If the parade is proposed to
be conducted for, on behalf of, or by an organization, the name, address, and
telephone number of the headquarters of the organization and of the authorized
and responsible heads of the organization;
(3) The name, address, and
telephone number of the person who will be the parade chairperson and who will
be responsible for its conduct;
(4) The date when the parade is
to be conducted;
(5) The route to be traveled,
the starting point, and the termination point;
(6) The approximate number of
persons, animals, and vehicles which will constitute the parade, the type of
animals, if any, and the description of the vehicles;
(7) The hours when the parade
will start and terminate;
(8) A statement as to whether
the parade will occupy all or only a portion of the width of the streets,
sidewalk, park or other public place proposed to be traversed;
(9) The location by street of
any assembly area for the parade;
(10) The time at which units of
the parade will begin to assemble at any assembly area or areas;
(11) The interval of space to be
maintained between units of the parade;
(12) If the parade is designed
to be held by, and on behalf of or for, any person other than the applicant,
the applicant for the permit shall file a communication in writing from the
person authorizing the applicant to apply for the permit on his or her behalf;
(13) Any additional information
reasonably necessary to a fair determination as to whether a permit should be
issued.
(D) There shall be paid at the time of
filing an application for a parade permit a fee in an amount as established in
the Ordinance Establishing Fees and Charges pursuant to § 30.11 of this
code, as it may be amended from time to time.
Penalty, see § 10.99
§ 70.23 STANDARDS FOR ISSUANCE OF PERMIT.
The City Clerk shall issue a permit
when, from a consideration of the application and from other information
obtained, he or she finds that:
(A) The conduct of the parade will not
substantially interrupt the safe and orderly movement of other traffic
contiguous to its route;
(B) The conduct of the parade will not
require the diversion of so great a number of police officers of the city to
properly police the line of movement and the areas contiguous thereto as to
prevent normal police protection to the city;
(C) The concentration of persons,
animals and vehicles at assembly points of the parade will not unduly interfere
with proper fire and police protection of, or ambulance service to, areas
contiguous to the assembly areas;
(D) The conduct of the parade will not
interfere with the movement of firefighting equipment en route to a fire;
(E) The parade is scheduled to move
from its point of origin to its point of termination expeditiously and without
unreasonable delays en route;
Penalty, see § 10.99
§ 70.24 NOTICE OF REJECTION OF PERMIT APPLICATION.
If the City Clerk disapproves the
application, he or she shall mail to the applicant within the three regular
business days after the date on which the application was filed a notice of his
or her action stating the reasons for his or her denial of the permit.
§ 70.25 APPEAL PROCEDURE WHEN PERMIT DENIED.
Any person aggrieved shall have the
right to appeal the denial of a parade permit to the City Council. The appeal shall be taken within 30 days
after notice of denial. The City Council
shall act on the appeal within 30 days after its receipt.
§ 70.26 ALTERNATIVE PERMIT.
The City Clerk or other authorized city
official, in denying an application for a parade permit, shall be empowered to
authorize the conduct of the parade on a date, at a time, or over a route
different than that named by the applicant.
An applicant desiring to accept an alternate permit shall file a written
notice of his or her acceptance. An
alternate parade permit shall conform to the requirements of, and shall have
the effect of, a parade permit under this subchapter.
§ 70.27 NOTICE TO CITY AND OTHER OFFICIALS WHEN
PERMIT ISSUED.
Immediately on the issuance of a parade
permit, a copy thereof shall be sent to the Police Chief and the Fire Chief.
§ 70.28 CONTENTS OF PERMIT.
Each parade permit shall state the
following information:
(A) Starting time;
(B) Minimum speed;
(C) Maximum speed;
(D) Maximum interval of space to be
maintained between the units of the parade;
(E) The portions of the street,
sidewalk, park or other public place to be traversed that may be occupied by
the parade;
(F) The maximum length of the parade in
miles or fractions thereof;
(G) Other information as is reasonably
necessary to the enforcement of this subchapter.
Penalty, see § 10.99
§ 70.29 DUTIES OF PERMITTEE.
A permittee hereunder shall comply with
all permit directions and conditions and with all applicable laws and
ordinances. The parade chairperson or
other person heading or leading the activity shall carry the parade permit on
his or her person during the conduct of the parade.
Penalty, see § 10.99
§ 70.30 PUBLIC CONDUCT DURING PARADES.
(A) Interference. No person shall unreasonably hamper,
obstruct, impede or interfere with any parade or parade assembly or with any
person, vehicle or animal participating or used in a parade.
(B) Driving through parades. No driver of a vehicle except a police car or
other emergency vehicle shall drive between the vehicles or persons comprising
a parade when the vehicles or persons are in motion and are conspicuously
designated as a parade.
(C) Parking on parade route. The Police Chief or other authorized city
official shall have the authority, when reasonably necessary, to prohibit or
restrict the parking of vehicles along a street or other public thoroughfare or
part thereof constituting a part of the route of a parade. Signs shall be posted to the effect, and it
shall be unlawful for any person to park or leave unattended any vehicle in
violation thereof. No person shall be
liable for parking on a street or other public thoroughfare unless signs have
been posted in accordance with this section.
Penalty, see § 10.99
§ 70.31 REVOCATION OF PERMIT.
The city shall have the authority to
revoke a parade permit issued hereunder on application of the standards for
issuance as herein set forth.