Agenda - Parks and Recreation Commission - 02/07/1990

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OF NATURAL RESOURCES physical control of the person care. ,n who operates or is in physical ~ this state or on the ice of any :ovisions of this section, to take for the purpose of determining ance. The test shall be adminis- :e arrests under section 84.91, W when requested by an officer ~.ting or in physical control of a .91, subdivision 1, paragraph (a), for violating section 84,91, wmobile or all-terrain vehicle in y, or death; ming test provided for in section alcohol concentration of 0.10 or bile or all-terrain vehicle oper- luired under subdivision 1, none ' under section 84.91, subdivision i.l resources and to the authority offenses for the jurisdiction in ~mand and refusal. :isted to believe the person had fall.terrain vehicle while under the 'the person refused to submit to :500 and shall prohibit the person !.vhichever was involved in the yest or directing the administra- it a test immediate notice of main vehicle, and to impose the !ils to serve a notice of intent to ~fy the person by mail, and the otice must advise the person of provided in this section. The davs after receipt of the notice. m~st be paid within 30 days of in vehicle during the period the ied under paragraph (a) is guilty is requested, the person must' be ~st to determine if the person is DEPARTMENT OF NATURAL RESOURCES § 84.92 (2) that if the person refuses to take the test, the person is subject to a civil penalty of $500 and is prohibited for a one-year period from operating a snowmobile or an all-terrain vehicle, as provided under subdivision 2; (3) that if testing is refused it will not affect the person's motor vehicle driver's license; (4) that' if the test is taken and the results i~dicate that the person is under the influence of alcohol or a controlled substance, the person will be subject to criminal penalties and in addition to any other penalties the cou~t may impose, the person's operating privileges will be suspended as provided under section 84.91, subdivision 6; (5) that, after submitting to testing, the person has the right to have additional tests made by someone of the person's own choosing; and (6) that a refusal to take a test will be offered into evidence against the person at trial. Subd. 4. Requirement of urine test. Notwithstanding subdivision 1, if there is probable cause to believe there is impairment by a controlled substance that is not subject to testing by a breath test, a blood or urine test may be required even after a breath test has been administered. Subd. 5. Chemical tests. Chemical tests administered under this section are governed by section 361.121, subdivisions 5, 6, and 7. Subd. 6. Judicial and administrative review; enforcement. Judicial and administra- tive review of sanctions imposed under this section is governed by section 361.121, subdivisions 2a, 2b, and 2c. Pay. ment and enforcement of the civil penalty imposed under this section is governed by section 361.121, subdivisions 8 and 9. Laws 1987, c. 368, § 4, eff. Aug. 1, 1987. ALL-TERRAIN VEHICLES 84.92. Definitions Subdivision 1, Scope. The definitions in this section apply to sections 84.92 to 84.9291. Subd. la. Agricultural zone. "Agricultural zone" means the areas in Minnesota lying south and west of a line starting at the Minnesota-North Dakota border and formed by rights-of-way of trunk highway No. 10, thence easterly along trunk highway No. 10 to trunk highway No. 23, thence easterly along trunk highway No. 23 to trunk highway No. 95, thence easterly along trunk highway No. 95 to its termination at the Minnesota-Wis- consin border. Subd. lb. Accompanied. "Accompanied" means being subject to continuous direction or control. Subd. lc. Agricultural purpose. "Agricultural purpose" means used exclusively for an agricultural.use as defined in subdivision ld. Subd. ld. Agricultural use. "Agricultural use" means use in agriculturally related activities or harvesting of wood for commercial or firewood purposes by any person. Subd. le. City. "City" means a home rule charter or statutory city. Subd. 2. Commissioner. "Commissioner" means the commissioner of natural re- sources. Subd. 3. Dealer. "Dealer" means a person engaged in the business of selling all-ter- rain vehicles at wholesale or retail. Subd. 4. Manufacturer. "Manufacturer" means a person engaged in the business of manufacturing all-terrain vehicles. Subd. 5. Owner. "Owner" means a person, other than a person with a security interest, having a property interest in or title to an all-terrain vehicle and entitled to the use and possession of the vehicle. 39