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AFFIDAVIT OF PUBLICATION i
<br />STATE OF MINNESOTA ) ss
<br />COUNTY OF SHERBURNE .
<br />Brandi Botts being duly sworn on an oath,
<br />states or affirms that he/she is the Publisher's
<br />Designated Agent of the newspaper(s) known
<br />as:
<br />Star News
<br />with the known office of issue being located
<br />in the county of:
<br />SHERBURNE
<br />with additional circulation in the counties of:
<br />WRIGHT
<br />and has full knowledge of the facts stated
<br />below:
<br />(A) The newspaper has complied with all of
<br />the requirements constituting qualifica-
<br />tion as a qualified newspaper as, provided
<br />by Minn. Stat. §331A.02.
<br />(B) This Public Notice was printed- and pub-
<br />lished in said newspaper(s) once each
<br />week, for 1 successive week(s); the first
<br />insertion being on 10/21/2023 and the last
<br />insertion being on 10/21/2023.
<br />MORTGAGE FORECLOSURE NOTICES
<br />Pursuant to Minnesota Stat. §580.033
<br />relating to the publication of mortgage
<br />foreclosure notices: The newspaper, complies
<br />with the conditions described in §580.033,
<br />subd. 1, clause (1) or (2). If the newspaper's
<br />known office of issue is located in a county
<br />adjoining the county where the mortgaged
<br />premises or some part of the mortgaged
<br />premises described in the notice are located,
<br />a substantial portion of the newspaper's
<br />circulation is in the latter county.
<br />By:
<br />Designated Agent
<br />r
<br />Subscribed and sworn to or affirmed before
<br />me on 10/21/2023 by Brandi Botts.
<br />Notary Public
<br />DARLENE MARIE MACPHERSON
<br />NOTARY PUBLIC - MINNESOTA,
<br />My Commission Expires Jan 31, 2024
<br />Rate Information:
<br />(1) Lowest classified rate paid by commercial users
<br />for comparable space:
<br />$999.99 per column inch
<br />Ad ID 1349016
<br />CITY OF ELK RIVER
<br />ORDINANCE 23 - 22
<br />AN ORDINANCE AMENDING
<br />CHAPTER 74 — TRAFFIC
<br />AND VEHICLES, ARTICLE V.
<br />— SNOWMOBILES AND ALL
<br />TERRAIN VEHICLES (ATVS)
<br />OF THE CITY OF ELK RIVER,
<br />MINNESOTA, CITY CODE
<br />The City Council of the City of
<br />Elk River does hereby ordain as
<br />follows:
<br />SECTION 1. That § Chapter
<br />74 — Traffic and Vehicles, Article
<br />V. — Snowmobiles and All Terrain
<br />Vehicles (ATVs) of the City of Elk
<br />River Code of Ordinances shall be
<br />amended for the following sections
<br />to add the underlined and eliminate
<br />the sttikethreugh language as fol-
<br />lows:
<br />ARTICLE V. — SNOWMOBILES
<br />AND ALL TERRAIN VEHICLES
<br />(ATVIS)
<br />Sec. 74-154. — Operation with-
<br />in the city limits, snowmobiles.
<br />The city council, may, from time
<br />to time, adopt an official map defin-
<br />ing the boundaries of a No Snow-
<br />mobile Zone within which snowmo-
<br />biling, including recreational riding
<br />on your own property, is prohibited
<br />in order to protect the safety of
<br />snowmobilers and citizens of Elk
<br />River.
<br />Within the city, snowmobiles
<br />may be operated for recreational
<br />purposes on:
<br />(1) Property you own,
<br />(2) Property for which you have
<br />written permission in your posses-
<br />sion to ride,
<br />(3) Over Lake Orono (when safe-
<br />ly iced over), when legally accessed
<br />as defined in this article and not
<br />closer than 100 feet from the shore-
<br />line, skating rinks, fish houses, and
<br />pedestrians, and
<br />(4) Over the Elk River (when
<br />safely iced over), when legally ac-
<br />cessed as defined in this article.
<br />Within the city, travel through
<br />the city on a snowmobile may oc-
<br />cur within the bottom or outside
<br />slope of the ditches adjacent to
<br />the following county roads or state
<br />highways: County Road 30 from
<br />Big Lake Township Border, east to
<br />Waco Street north, County Roads
<br />1, 12, 13, 21, 31, 32, 33, 77, and
<br />State Highways 10 and 169. In
<br />cases where paved trails or side-
<br />walks are located on one side of
<br />the county road or highway, travel
<br />shall be limited to the side with-
<br />out the paved trail or sidewalk. In
<br />no case shall travel occur through
<br />the No Snowmobile Zone on the
<br />above -identified roads or highways.
<br />Travel from the City of Otsego from
<br />Parrish Avenue to Highway 169 is
<br />allowed on Main Street.
<br />For local access to the
<br />above -identified through -city travel
<br />routes, snowmobiles may travel on
<br />the right hand side of local streets
<br />on the paved surface within the
<br />curb line from the operator's place
<br />of residence to the travel route via
<br />the most direct route. Any return
<br />trip must occur in the same man-
<br />ner. Travel for local access shall be
<br />at a rate not to exceed 20 miles per
<br />hour. Snowmobiles must travel sin-
<br />gle file in this instance.
<br />Lake Orono or the Elk River may
<br />be accessed directly from private
<br />property, by trailering sleds to the
<br />Lake Orono boat landing, or via lo-
<br />cal access as defined above. Travel
<br />through Orono Park shall be via the
<br />park's driveways and parking lots,
<br />not through the park itself.
<br />Within the city, snowmobiles
<br />shall not be operated
<br />(1) On public lands, including but
<br />not limited to: public parks, play-
<br />grounds, trails, sidewalks, paths,
<br />open spaces, scenic and historic
<br />sites, cemeteries, schools, golf
<br />courses,.and other public buildings
<br />and structures.
<br />(2) Within 100 feet of any fish-
<br />erman, fish house, shelter, pe-
<br />destrian, skating rink, sliding area
<br />or in any other area where such
<br />operation would conflict with the
<br />use or endanger other persons or
<br />property.
<br />(3) At any place, while under the
<br />influence of intoxicating liquor, nar-
<br />cotics or habit-forming drugs.
<br />(4) At a rate of speed greater
<br />than posted for the county road or
<br />highway, or reasonable for the sur-
<br />rounding circumstances, and in the
<br />case of local access, not to exceed
<br />20 miles per hour.
<br />(5) At any place in a careless,
<br />reckless or negligent manner so as
<br />to endanger the person or proper-
<br />ty of another or to cause injury or
<br />damage thereto.
<br />(6) In any tree nursery or planting
<br />in a manner which damages or de-
<br />stroys growing stock.
<br />Snowmobiles shall not be op-
<br />erated between the hours of 12:01
<br />a.m. and 7:00 a.m., except for
<br />emergency purposes or except if
<br />the operator is returning to his res-
<br />idence at a speed not in excess of
<br />20 miles per hour.
<br />Sec. 74-155. Operating re-
<br />quirements.
<br />In order to operate a snowmo-
<br />bile lawfully within the city's cor-
<br />porate limits, a snowmobile must
<br />have:
<br />(2) A lighted headlight and tail-
<br />light.
<br />(3) A muffler in good working or-
<br />der which blends the exhaust noise
<br />into the overall snowmobile noise
<br />and which is in constant operation
<br />to prevent excessive or unusual
<br />noise.
<br />(4) Without any noise -mak-
<br />ing device which amplifies noise
<br />emitted from the snowmobile, in-
<br />cluding, but not limited to, tuned
<br />exhausts cut-outs or straight pipes.
<br />Sec. 74-157. Operation within
<br />the city limits, ATVs.
<br />For defining where all terrain ve-
<br />hicles (ATVs) are permitted to oper-
<br />ate, the city has been divided into
<br />two parts:
<br />(1) No ATV zone
<br />(2) ATV zone
<br />The city council, may, from time
<br />to time, adopt an official map de-
<br />fining the boundaries of the no ATV
<br />zone.
<br />(1) No ATV zone: The operation
<br />of an ATV within the No ATV Zone
<br />is permitted:
<br />a. On designated ATV trails ac-
<br />cessed from established trailheads.
<br />b. On property that you own or
<br />which you have permission on your
<br />person to ride. On property you
<br />own, you may not operate an ATV
<br />in a repetitive, continuous manner.
<br />c. In the winter, on Lake Orono
<br />not closer than 100 feet from the
<br />shoreline, skating rinks, fish houses
<br />and pedestrians.
<br />d. For agricultural or utility use
<br />as per state statute and after issu-
<br />ance of a city permit.
<br />(2) ATV zone: The operation of
<br />an ATV within the ATV zone is per-
<br />mitted:
<br />a. On designated ATV trails ac-
<br />cess from established trailheads.
<br />b. On property you own or which
<br />you have permission on your per-
<br />son to ride.
<br />c. On a private track in compli-
<br />ance with the following standards:
<br />1. Located a minimum of 1,000
<br />feet from any residence, except
<br />that of the owner
<br />2. Located a minimum of 1,000
<br />feet from a livestock shelter and/or
<br />arena, except that of the owner
<br />3. Must be setback 50 feet from
<br />any property line
<br />e. For agricultural or utility use
<br />as per state statute.
<br />e. In the ditch or outside slope
<br />of County Roads 1, 13, 21, 32, and
<br />33 if they can be accessed directly
<br />from your property.
<br />Anywhere within the corporate
<br />limits of the city, ATVs shall not be
<br />operated:
<br />(1) On public lands, including but
<br />not limited to: public parks, play-
<br />grounds, trails, sidewalks, paths,
<br />open spaces, scenic and historic
<br />sites, schools, golf courses, and
<br />other public buildings and struc-
<br />tures.
<br />(2) On city streets and their re-
<br />lated rights -of -way area per state
<br />statute.
<br />(3) Within 100 feet of any fish-
<br />erman, fish house, shelter, pe-
<br />destrian, skating rink, sliding area
<br />or in any other area where such
<br />operation would conflict with the
<br />use or endanger other persons or
<br />property.
<br />(4) At any place, while under the
<br />influence of intoxicating liquor, nar-
<br />cotics or habit-forming drugs.
<br />(5) At a rate of speed greater
<br />than reasonable or proper under all
<br />the surrounding circumstances. (6)
<br />At any place in a careless, reckless
<br />or negligent manner so as to en-
<br />danger the person or property of
<br />another or to cause injury or dam-
<br />age thereto.
<br />SECTION 2. That this ordinance
<br />shall take effect upon adoption and
<br />be published as provided by law.
<br />Passed and adopted by the City
<br />Council of the City of Elk River this
<br />161' day of October, 2023.
<br />John J. Dietz, Mayor
<br />ATTEST:
<br />Tina Allard, City Clerk
<br />Published in the
<br />Star News
<br />October 21, 2023
<br />1349016
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