COOK COUNTY ORDINANCE # 54
COOK COUNTY ORDINANCE REGARDING
CLASS 1 ATV USE ON COUNTY ROADS

I. PURPOSE. The purpose of this Ordinance is to provide for the health, safety, and welfare of the citizens Cook County, and to insure the integrity of all County Roads in its jurisdiction, the Cook County Board of Commissioners (the “County Board”) enacts this Ordinance # 54 in accordance with Minnesota Statutes to regulate the use of ATVs on Cook County roads.

II. DEFINITIONS. These terms are defined as follows:

  • 1. “ATV” means a 4-wheel class 1 all-terrain vehicle, defined by M.S. §84.92.
    2. “County” means the County of Cook, State of Minnesota.
    3. “County Road(s)” means all roads under jurisdiction of the County.
    4. “Right-of-way” is defined by M.S. §84.92.
    5. “Shoulder” is defined by §169.01, Subd. 73. On County Roads where the shoulder is not readily identifiable, the shoulder shall be the extreme right hand side of the road.
    6. “Traveled Way” means the traffic lanes on any County Road.


III. RECITALS.

  • 1. M.S. §§84.92 to 84.929 regulates ATV use in the right-of-way of County roads.
    2. The County does not consistently maintain all of the ditches and outside slopes of County Roads, and this makes safe operation of ATVs in the ditches and outside slopes impossible at times.
    3. Removing ATVs from the ditches and outside slopes of gravel-surfaced County Roads will help protect the environment by decreasing sedimentation in county surface waters and preserve County ditches, both of which are in the public interest.
    4. Gravel-surfaced County Roads are appropriate for mixed use and allow for safe operation of ATVs on the Shoulder, with proper safety restrictions.


IV. AUTHORIZATION.

  • 1. This ordinance regulates the use of ATVs on all County Roads in Cook County. For gravel-surfaced County Roads, ATVs may operate on the Shoulder but not in the ditches. For paved County Roads, ATVs may operate in the ditches only, unless otherwise authorized by Minnesota law.
    2. Use of the Shoulder on gravel-surfaced County Roads is permitted if and only if:
    a. The driver has a valid driver’s license as required by M.S. §84.9256, Subd. 1(a) and also has valid liability insurance as required by the Minnesota No-Fault Automobile Insurance Act, M.S. §§ 65B.41 to 65B.71.
    b. The driver complies with all laws and regulations controlling use of public roads by motorized vehicles.
    c. Speed is always reasonable or proper under the circumstances and is not more than 10 mph within 100 feet of slower-moving users of the road.
    d. The ATV does not crowd non-motorized traffic when passing; is not careless, reckless, or negligent in a way that endangers or causes injury or damage to the person or property of another; does not violate operation rules adopted by the Commissioner or violates M.S. §§84.92 to 84.929; and does not impede the Traveled Way of any County Road.
    e. The ATV does not have a snorkel device with raised air intake six inches above the original manufacturer’s air intake.
    f. The ATV has a functioning stop or taillight (if so equipped), a functioning hand or foot brake, and a rearview mirror on the driver’s left side.
    g. The ATV’s headlight and taillight are lighted at all times.
    h. There is only one person on the ATV, except as allowed by M.S. §84.9257.
    i. Any driver or passenger under the age of 18 is wearing a helmet.
    j. An adult accompanies drivers under the age of 18 on another ATV.


V. ADMINISTRATION.

  • 1. The County Board may close or restrict any County Road to ATV use, with notice posted by the Highway Department.
    2. The County Board shall request an annual report regarding ATV use from the Sheriff’s Office, the Highway Department, and the DNR.
    3. In accordance with M.S. Chapter 169, the Highway Engineer, with input from the Sheriff, will place appropriate signage addressing ATV use on County Roads.
    4. Violation the terms of this Ordinance constitutes a misdemeanor, per M.S. §84.929.
    5. This Ordinance shall be in effect upon adoption on the date indicated below and shall expire of its own accord three (3) years after the adoption date.
    6. If any Ordinance provision, or the application thereof to any person or circumstance, is held to be invalid, that will not affect any other Ordinance provision or application that can be given effect without the invalid provision or application, and for such purpose the invalid provisions of the Ordinance are severable.

Dated: May 26, 2009.