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Message: <blockquote data-quote="Ristorapper" data-source="post: 210826" data-attributes="member: 810">Looks like Mandan will allow the use of OHV (off highway Vehicles, namely side by side ATV's) on its city streets.                                                                                                                                           Here is what took place at the city commission meeting on March 6th for the first reading and introduction of the ordinance.                                                                                                                               2. Consider Introduction and First Consideration of Ordinance No. 1283 to update Citylaws regarding Off Highway Vehicles, Snowmobiles, and Golf Carts. Deputy Police Chief JasonBier presented a request for the Introduction and First Consideration of Ordinance No. 1283 toupdate City laws regarding Off Highway Vehicles, Snowmobiles, and Golf Carts. He said hepresented this matter previously to the City Commission on October 17, 2017 wherein heoutlined the findings and recommendations of the Off Highway Vehicle Committee (OHV) whowere appointed by the City Commission in August of 2016. At the October 17, 2017, theCommission voted to approve that Deputy Chief Jason Bier work with City Attorney Brown torevise the City Ordinance to align with the recommendations of the OHV Committee.Deputy Bier explained that the new City ordinance consolidates and clarifies the City’s lawsregarding Off Highway Vehicles (OHVs) and Snowmobiles. The previous laws were somewhatconfusing and contradicting. This ordinance creates a new law prohibiting golf carts from drivingon City streets. The City did not have a law regarding golf carts. The new ordinance will allowClass III OHVs to be driven on City streets in accordance with ND state law; however thisordinance is more restrictive than state law and requires the vehicles to have certain equipment tohelp ensure safety. This ordinance clarifies that snowmobiles are not allowed on city streetsexcept under a certain emergency conditions. Acting Chair Rohr commented that committeessuch as these put forth a lot of effort to research and put these types of ordinances together andhe thanked Deputy Bier for his time as well as other members of the OHV committee whoworked on completing this new ordinance.Commissioner Laber moved to approve the Introduction and First Consideration ofOrdinance #1283 to Amend Sec. 24-1-2 (b) of the Mandan Code of Ordinances; Repeal inits Entirety Sections 24-5-1, 24-5-2, 24-6-1, 24-6-2, 24-19-7, 24-19-8, 24-19-9, 24-19-11,4-19-12 and 24-19-13 of the Mandan Code of Ordinances; And to Enact Articles 5 and 6 ofChapter 24 of the Mandan Code of Ordinances relating to Off Highway Vehicles,Snowmobiles, and Golf Carts. Commissioner Davis commented that ordinances such as theseare important so the residents are aware of the rules for passing, and rights of ways, etc.Commissioner Davis seconded the motion. Roll call vote: Commissioner Rohr: Yes;Commissioner Davis: Yes; Commissioner Laber: Yes; Commissioner Braun: Absent;Commissioner Helbling: Absent. The motion passed. Here is what took place tonight (3/20/2018)  The city commission considered the second reading of the ordinance tonight; passed unanimously.  Of course the OHV will have signal lights, horn and a lighted license plate holder and factory installed roll cage along with other safety equipment to be street legal.                I'm for it.  Worry about the very young that may be driving these on our streets however.  Not sure what the age limit is but guessing 16 would be the youngest.                                                                        Golf carts and snowmobiles will not be allowed on city streets at this time.  However snowmobiles will be allowed in emergency situations.                                                                                                                                                           - - - Updated - - -ORDINANCE NO. 1283An Ordinance to Amend Sec. 24-1-2 (b) of the Mandan Code of Ordinances;Repeal in its Entirety Sections 24-5-1, 24-5-2, 24-6-1, 24-6-2, 24-19-7, 24-19-8,24-19-9, 24-19-11, 24-19-12 and 24-19-13 of the Mandan Code of Ordinances;and to Enact Articles 5 and 6 of Chapter 24 of the Mandan Code of Ordinances.Be it Ordained by the Board of City Commissioners<img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite3" alt=":(" title="Frown    :(" loading="lazy" data-shortname=":(" />1) An Ordinance to amend Sec. 24-1-2 (b) of the Mandan Code ofOrdinances relating to Penalties is hereby amended as follows:Sec. 24-1-2. Penalties.(b) Except for article 7 of this chapter or as provided by state law, the fine forviolating this chapter shall be $20.00 $50.00 unless another amount for a specificinfraction is established by resolution of the board of city commissioners.(2) An Ordinance to repeal sections of the Mandan Code of Ordinancesrelating to the following are hereby repealed:Sec. 24-5-1. Additional rules for operation of off-highway vehicles.Sec. 24-5-2. Use of streets by off-highway vehicles restricted.Sec. 24-6-1 Additional Rules for operation of snowmobilesSec. 24-6-2 Use of streets by snowmobiles restricted.Sec. 24-19-7 Snowmobile registration – Title certificate - Generalrequirements.Sec. 24-19-8 Rules for operation of snowmobiles.Sec. 24-19-9 Option by individuals – Minimum age.Sec. 24-19-11. Off-highway vehicle registration.Sec. 24-19-12. Operation of off-highway vehicles.Sec. 24-19-13. Operation by persons under age sixteen.(3) An ordinance to enact Articles 5 and 6 of the Mandan Code of Ordinancesrelating to off-highway vehicles and snowmobiles and golf carts are hereby amended asfollows:ARTICLE 5. - OFF-HIGHWAY VEHICLESSec. 24-5-1. - Definitions.As used in this chapter, unless the context otherwise requires:a) "Off-highway vehicle" (OHV) means any motorized vehicle not designed for useon a highway and capable of cross-country travel on land, snow, ice, marsh,swampland, or other natural terrain.b) “Class III off-highway vehicle” weighs less than eight thousand pounds [3628.74kilograms]; travels on tracks, or four or more tires; has a seat; has a wheel for steeringcontrol; and is designated for or capable of cross-country on or over land, water, sand,Res. & Ord. No. 1snow, ice, marsh, swampland, or other natural terrain, but does not include a vehicleregistered by the State under NDCC chapter 39-04 or 39-24.c) "Operate" means to ride in or on and control the operation of an off-highwayvehicle.d) "Operator" means an individual who operates or is in actual physical control of anoff-highway vehicle.e) "Owner" means a person, other than a lienholder, having the property in or title toan off-highway vehicle and entitled to its use or possession.f) "Register" means the act of assigning a registration number to an off-highwayvehicle.Sec. 24-5-2. - Off-highway vehicle registration.a) Except as provided in this chapter, an individual may not operate an off-highwayvehicle on city streets unless it has been registered by the State.Sec. 24-5-3. - Use of streets by off-highway vehicles restricted.No person shall operate an off-highway vehicle upon any road, street or highway inthis city kept open for vehicular traffic, except:a) Those vehicles permitted under Article 5.b) Any special event as authorized by the Chief of Police.c) In crossing a street as provided in NDCC 39-29-10.Sec. 24-05-4. - Operation of off-highway vehicles.a) Only Class III off-highway vehicles with a minimum width of 50 inches meetingthe requirements of this chapter may be operated on city streets. No other class ofOHVs are allowed to operate upon any road, street or highway in this city kept openfor vehicular traffic.b) An individual may not operate an off-highway vehicle on the roadway, shoulder,or inside bank or slope of any road, street, or highway except as provided in thischapter. Except in emergencies, an individual may not operate an off-highway vehiclewithin the right of way of any controlled-access highway. An individual may operatea registered off-highway vehicle on a gravel, dirt, or loose surface roadway. Anindividual may operate a registered off-highway vehicle on a paved highwaydesignated and posted at a speed not exceeding fifty-five miles [88.51 kilometers] perhour. A licensed driver over sixteen years of age may operate a registered class IIIoff-highway vehicle on a paved highway designated and posted at a speed notexceeding sixty-five miles [104.61 kilometers] per hour. An individual may notoperate an off-highway vehicle on a paved highway if the vehicle is unable to attain aspeed, on a paved level surface, of at least twenty-five miles per hour.c) The operator of an off-highway vehicle may make a direct crossing of a streetonly if:1) The crossing is made at an angle of approximately ninety degrees to thedirection of the highway and at a place where no obstruction prevents a quickand safe crossing;2) The off-highway vehicle is brought to a complete stop before crossing theshoulder or main traveled way of the highway;3) The operator yields the right of way to all oncoming traffic whichconstitutes an immediate hazard. d) An individual may not operate an off-highway vehicle in the following ways,which are declared to be unsafe and a public nuisance:1) In a careless, reckless, or negligent manner so as to endanger the person orproperty of another or to cause injury or damage to another person or theproperty of another person. (B misdemeanor)2) While under the influence of intoxicating liquor or a controlled substance.(B misdemeanor)3) Without a manufacturer-installed or equivalent muffler in good workingorder and connected to the off-highway vehicle's exhaust system.4) On any private land where the private land is posted prohibitingtrespassing. The name and address of the person posting the land and the dateof posting must appear on each sign in legible characters. The posted signsmust be readable from outside the land and be placed conspicuously at adistance of not more than eight hundred eighty yards [804.68 meters] apart.Land entirely enclosed by a fence or other enclosure is sufficiently posted byposting of these signs at or on all gates through the fence or enclosure. (Bmisdemeanor)e) An individual may not operate an off-highway vehicle without having inpossession a valid driver's license.f) When an off-highway vehicle is operated within the right of way of any road,street, or highway, headlamps and tail lamps must always be on.g) An individual may not operate an off-highway vehicle within the right of way ofany highway while towing a trailer, unless the trailer being towed is connected to theoff-highway vehicle by a secure hitch.h) An individual under the age of eighteen years may not operate, ride, or otherwisebe propelled on an off-highway vehicle unless the person wears a safety helmetmeeting United States department of transportation standards.i) An operator of an off-highway vehicle may not carry a passenger while operatingthe vehicle unless the off-highway vehicle is equipped and recommended by themanufacturer to carry a passenger and the passenger is carried as recommended bythe manufacturer.j) An individual may not operate and an owner may not allow the operation of an offhighway vehicle in any city right of way without having in effect a valid insurancepolicy for the vehicle.Sec. 24-5-5. - Equipment.a) To operate a class III off-highway vehicle on city streets, the off-highway vehiclemust be equipped with all of the following;• one mirror on the driver side and one mirror on the passenger side• a horn• a speedometer• two tail / brake lights• two headlights• a motor of at least five hundred fifty cubic centimeters• a factory installed roll cage• turn signals on the front and rear of the vehicle• factory installed suspension-• a metal license plate centered on the rear of the vehicle, with a licenseplate lightb) Both headlights and taillights must be on at all times while the vehicle is inoperation. No auxiliary lights may be turned on while the vehicle is in operation.c) If the vehicle is being operated with tracks, they must be made of rubber or similarmaterial. No metal can come in contact with the street surface while the vehicle is inmotion.Sec. 24-5-6. - Operation by persons under age sixteen.a) An individual must be age 16 or over and have in their possession a valid driver’slicense to operate an OHV in any city right of way.ARTICLE 6. – SNOWMOBILES AND GOLF CARTS.Sec. 24-6-21. - Use of streets by snowmobiles restricted.a) No person shall operate a snowmobile upon any road, street or highway in thiscity kept open for vehicular traffic, except<img src="data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7" class="smilie smilie--sprite smilie--sprite3" alt=":(" title="Frown    :(" loading="lazy" data-shortname=":(" />1) During a period of emergency when travel by other vehicles is notpossible.(2) For a special snowmobile event of limited duration when conducted on apre- arranged schedule under permits from the board of citycommissioners.(3) In crossing a street as provided in N.D.C.C. § 39-24-09.(4) On streets or roadways not maintained for winter vehicular travel.(5) As needed by emergency services approved by the Chief of Police.Sec. 24-6-2. It is unlawful for an individual to operate, or for an owner to allow theoperation of, a golf cart on city streets and right of ways.CITY OF MANDAN By:______________________ Tim Helbling, President of Board of City CommissionersATTEST:_______________________________________James Neubauer, City AdministratorFirst Consideration: March 6, 2018Second ConsiderationAnd Final Passage: March 20, 2018Publication: April 13, 2018</blockquote>

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