ORDINANCE NO. 2002-14
CITY OF DAYTON
AN ORDINANCE REGULATING THE USE OF MOTORIZED DIRT BIKES AND ALL-TERRAIN VEHICLES IN AREAS WITHIN THE CITY OF DAYTON
WHEREAS, the City of Dayton is a municipality with established ordinances; and
WHEREAS, the City of Dayton allows the usage of motorized dirt bikes and all-terrain vehicles in areas with the City; and
WHEREAS, the City Council desires to enact an ordinance regulating the use of motorized dirt bikes and all terrain vehicles in areas within the City to protect the public health, safety and welfare of the general public.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DAYTON DOES ORDAIN:
SECTION 1. REGULATION OF MOTORIZED DIRT BIKES AND ALL-TERRAIN VEHICLES
Subd. 1. Definitions. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, used in this Ordinance shall have the meanings set forth as follows:
a. “All Terrain Vehicle” or “ATV” shall mean a motorized flotation tired vehicle of not less than three (3) low pressure tires, but not more than six (6) tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds.
b. “Motorized Dirt Bike” shall mean a two (2) wheeled vehicle being capable of cross-country travel on natural terrain without benefit of a road or trail.
c. “Lot” or “Lots” shall mean a lot which is part of an approved subdivision, the map of which has been recorded with the County Recorder or the Registrar of Deeds, or a lawful lot described by metes and bonds, the deed of which has been recorded with the County Recorder or the Registrar of Deeds on or before January 31, 1980, or one for which the City has granted a waiver from platting.
d. “Established Riding Area” shall mean trails or area on a lot used by a motorized dirt bike and/or ATV.
Subd.2. The use of a Motorized Dirt Bike and/or an ATV is not allowed on Lots of less than two (2) acres in size.
Subd.3. A Motorized Dirt Bike and/or ATV may be used on Lots of two(2) acres or greater in size located within the City on the condition that the riders shall adhere to the following:
a. Established Riding Area for a Motorized Dirt Bike and/or ATV is to be located no closer than one hundred feet (100’) from any lot line, or 50 feet (50’) if a fence, approved by the City, has been constructed along the lot line by the lot owner.
b. Dust and noise control measures are to be maintained by the lot owner. These dust and noise control measures are to be enforced by the City if lot owners of lots that are adversely affected by dust and noise, due to Motorized Dirt Bike and/or ATV use, file a written complaint with the
City.
(1) Dust control measures shall include, but are not limited to, the planting of twelve foot (12’) high coniferous trees planted ten feet (10’) on center, or the construction of a six foot (6’) minimum board on board style fence.
(2) A Motorized Dirt Bike and/or ATV must have a federally approved spark arrestor, the noise emission may not exceed Ninety-nine (99) decibels at a distance of 20 inches at idle and mufflers may not be altered to increase motor noise, or have a cut out bypass, or similar device.
c. No more than two (2) riders that are unrelated to the immediate household members that reside in the dwelling on the lot may operate a Motorized Dirt Bike and/or ATV on the lot. A Motorized Dirt Bike and/or ATV may only be operated on the lot during the following times: Monday through Friday, 9:00 am through 7:00 pm; and on Saturdays and Sundays, 10:00 am through 5:00 pm. Operation of a Motorized Dirt Bike and/or ATV must cease for a minimum of one (1) hour after every hour of riding.
d. Operation of a Motorized Dirt Bike and/or ATV shall not be allowed on either primary or secondary septic sites.
e. Any unvegetated Established Riding Area must be watered down before, during, and after usage as needed to limit dust.
Subd.3. The following uses are exempt from this ordinance:
a. Any motorized Dirt Bike and/or ATV used by City or any other governmental body in conducting official business.
b. Any Motorized Dirt Bike and/or ATV used for the purpose of lot maintenance.
Subd.4. Any person who violates any provision of this ordinance shall be guilty of a misdemeanor.
SECTION2. EFFECTIVE DATE-This ordinance shall be effective from and after its passage and publication in accordance with the law.
Passed this 10th day of December, 2002, by the Dayton City Council.
ORDINANCE NO.____
AN ORDINANCE AMENDING ORDINANCE NO. 2002-14, REGULATION OF MOTORIZED DIRT BIKES AND ALL TERRAIN VEHICLES BY MODIFYING THE DEFINITION OF “LOT” OR “LOTS”
The City Council of the City of Dayton ordains as follows:
SECTION 1. AMENDMENT. The Dayton City Ordinance No.2002-14 is hereby amended by adding the following underlined language which reads as follows:
Subd. 1. Definitions…
c. “Lot” or “Lots” shall mean a lot which is part of an approved subdivision, the map of which has been recorded with the County Recorder or the Registrar of deeds, or a lawful lot described by metes and bonds, the deed of which has been recorded with the County Recorder or the Registrar of Deeds on or before January 31, 1980, or one for which the City has granted a waiver from platting. “Lot” or “Lots” shall not include any lot that is currently located in the Agricultural (A-1) or Special Agricultural (S- A) zones on lots that are 6 acres or larger in size…..
Subd.3.A Motorized Dirt Bike and/or ATV may be used on Lots of two (2) acres or greater in size located within the City on the condition that the riders shall adhere to the following:
a. Established Riding Area for Area for a Motorized Dirt Bike and/or
ATV is to be located no closer than one hundred feet (100’) from any lot lone, or Fifty feet (50’) if a fence, approved by the City, has been constructed along the lot line.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective from and after its passage and publication in accordance with the law.