TITLE VII

TITLE VII: TRAFFIC CODE

Chapter

70. GENERAL PROVISIONS

71. TRAFFIC RULES

72. PARKING REGULATIONS

73. BICYCLES; SNOWMOBILES

74. TRAFFIC SCHEDULES

75. SKATEBOARD REGULATIONS

76. ORV ORDINANCE

CHAPTER 70: GENERAL PROVISIONS

Section

General Provisions

70.01 Definitions

Michigan Vehicle and Uniform Traffic Code

70.15 Adoption of Michigan Vehicle Code by reference

70.16 Notice to be published

70.17 Amendments to code

70.18 Uniform Traffic Code adopted by reference

GENERAL PROVISIONS

§ 70.01 DEFINITIONS.

Definitions of terms used in this Title VII, as far as the same apply to driving and parking of motor vehicles, shall be as defined in Michigan Vehicle Code, as said State Vehicle Code definitions may be amended from time to time. .

(Ord. 53, passed 2-9-39)

MICHIGAN VEHICLE AND UNIFORM TRAFFIC CODE

§ 70.15 ADOPTION OF MICHIGAN VEHICLE CODE BY REFERENCE.

(A) The most current version of the Michigan Vehicle Code and Related Laws Concerning Ownership and Use of Vehicles on the Streets and Highways as amended from time to time is hereby adopted by reference as in this subchapter modified.

(B) All references in the Michigan Vehicle Code for Michigan cities, townships and villages to GOVERNMENTAL UNIT shall mean the City of West Branch.

(Ord. 204, passed 6-18-90)

§ 70.16 NOTICE TO BE PUBLISHED.

The City Clerk shall publish this subchapter in the manner required by law.

(Ord. 204, passed 6-18-90)

§ 70.17 AMENDMENTS TO CODE.

Amendments to Uniform Traffic Code for cities, townships, and villages, by the addition of § 5.82 and 5.83, all of which were promulgated by the Director of the Department of State Police, effective January 27, 1981 and published in Quarterly Supplement No. 5 to the 1979 edition of the Michigan Administrative Code, in accordance with Act. No. 62 of the Michigan Public Acts of 1956, are hereby adopted by reference adding similarly numbered sections of ordinance 161 adopted on June 1, 1981.

(Ord. 214, passed 1-20-92)

§ 70.18 UNIFORM TRAFFIC CODE ADOPTED BY REFERENCE.

(A) The Uniform Traffic Code for cities, townships, and villages, as amended, is hereby adopted by reference and incorporated in this title as if fully set out at length herein.

(B) The purpose of such code is to regulate the operation of vehicles; provide for the regulation and use of streets, highways, and alleys and other public and semi-public places within the city; and provide penalties for the violation of this Code.

(C) A complete copy of the Uniform Traffic code is available at the Office of the City Clerk for inspection by the public at all times.

CHAPTER 71: TRAFFIC RULES

Section

Rules of Operation

71.01 Prohibited turns

71.02 Driving over unprotected fire hose

71.03 Exhibition driving

71.99 Penalty

RULES OF OPERATION

§ 71.01 PROHIBITED TURNS.

No person driving a vehicle on Houghton Avenue shall turn such vehicle in the opposite direction, thereby making a “U” turn, at any point between the intersection of Fairview Avenue with East Houghton Avenue and the intersection of Sixth Street with West Houghton Avenue; and no person driving a vehicle shall make a “U” turn or a complete turn at any street intersection.

(Ord. 53, passed 2-9-39; Am. Ord. 71, passed 3-16-53; Am. Ord. 85, passed 6-15-59) Penalty, see § 71.99

§ 71.02 DRIVING OVER UNPROTECTED FIRE HOSE.

A person driving a vehicle shall not drive over any unprotected hose of the Fire Department, when laid down on any street or alley, to be used at any fire or alarm of fire.

(Ord. 53, passed 2-9-39) Penalty, see § 71.99

§ 71.03 EXHIBITION DRIVING.

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(1) EXHIBITION DRIVING. The driving of a motor vehicle in such unusual manner, whether or not other traffic is present, that is likely to attract the attention of the public, whether or not there is anyone present, or it shall consist of any of the following acts:

(a) Rapid acceleration due to a “breaking start”;

(b) Squealing, peeling or burning of the tires;

(d) Unwarranted and excessive changing of lanes;

(e) The emission of any unreasonably loud or raucous or disturbing and unnecessary noise from the engine or exhaust system of any motor vehicle.

(2) MOTOR VEHICLE. Every vehicle which is self propelled.

(B) Any person who operates a motor vehicle while engaged in exhibition driving upon any highway, street, alley or other place open to the general public, including parking areas or who aides or abets another to do so, whether or not the authorized speed limit is exceeded, shall be in violation of this section.

(Ord. 53, passed 2-9-39; Am. Ord. 103, passed 5-4-70; Am. Ord. 121, passed 12-16-74) Penalty, see § 71.99

§ 71.99 PENALTY.

(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the Municipal Civil Infraction provisions pursuant to §10.99 of the City o f West Branch Code of Ordinances. (Ord. 53, passed 2-9-39; Am. Ord. 71, passed 3-16-53; Am. Ord. 103, passed 5-4-70; Am. Ord. 01-04, passed 6-18-01)

(B) Whoever violates § 71.03 shall be guilty of a misdemeanor punishable by imprisonment in the county jail for not more than ten days or a fine of not more than $100, or both. (Ord. 53, passed 2-9-39; Am. Ord. 71, passed 3-16-53; Am. Ord. 103, passed 5-4-70)

CHAPTER 72: PARKING REGULATIONS

Section

Parking Violations Bureau

72.01 Establishment

72.02 Organization

72.03 Disposition of violations by Bureau

72.04 Certain violations not disposed of by Bureau

72.05 Issuance of traffic ticket or notice deemed allegation of parking violation

Administration and Enforcement

72.15 Permit for overnight parking on street or in municipal lot

72.16 Removal of vehicles in violation

72.99 Penalty

PARKING VIOLATIONS BUREAU

§ 72.01 ESTABLISHMENT.

Pursuant to Section 8395 of the Revised Judicature Act, State of Michigan, as added by Public Act 154 of 1968, a parking violations bureau, for the purpose of handling alleged parking violations within the City, is hereby established. The Parking Violations Bureau shall be under the supervision and control of the City Clerk.

(Ord. 111, passed 9-4-73)

§ 72.02 ORGANIZATION.

The City Clerk shall, subject to the approval of the City Council, establish a convenient location for the Parking Violation Bureau, appoint qualified City employees to administer the bureau and adopt rules and regulations for the operation thereof.

(Ord. 111, passed 9-4-73)

§ 72.03 DISPOSITION OF VIOLATIONS BY BUREAU.

No violation may be settled at the Parking Violations Bureau except at the specific request of the alleged violator. No penalty for any violation shall be accepted from any person who denies having committed the offense and in no case shall the person who is in charge of the Bureau determine, or attempt to determine, the truth or falsity of any fact or matter relating to such alleged violation. No person shall be required to dispose of a parking violation at the Parking Violations Bureau and all persons shall be entitled to have any such violation processed before a court having jurisdiction thereof if they so desire. The unwillingness of any person to dispose of any violation at the Parking Violations Bureau shall not prejudice him or in any way diminish the rights, privileges and protection accorded to him by law.

(Ord. 111, passed 9-4-73) Penalty, see § 72.99

§ 72.04 CERTAIN VIOLATIONS NOT DISPOSED OF BY BUREAU.

No violation not scheduled in § 72.99 shall be disposed of by the parking violations bureau. The fact that a particular violation is scheduled shall not entitle the alleged violator to disposition of the violation at the Bureau and in any case the person in charge of such Bureau may refuse to dispose of such violation in which case any person having knowledge of the facts may make a sworn complaint before any court having jurisdiction of the offense as provided by law.

(Ord. 111, passed 9-4-73) Penalty, see § 72.99

§ 72.05 ISSUANCE OF TRAFFIC TICKET OR NOTICE DEEMED ALLEGATION OF PARKING VIOLATION.

The issuance of a traffic ticket or notice of violation by a police officer of the City shall be deemed an allegation of a parking violation. Such traffic ticket or notice of violation shall indicate the length of time in which the person to whom the same was issued must respond before the Parking Violations Bureau. It shall also indicate the address of the Bureau, the hours during which the Bureau is open, the amount of the penalty scheduled for the offense for which the ticket was issued and advise that a warrant for the arrest of the person to whom the ticket was issued will be sought if such a person fails to respond within the time limited.

(Ord. 111, passed 9-4-73) Penalty, see § 72.99

ADMINISTRATION AND ENFORCEMENT

§ 72.15 PERMIT FOR OVERNIGHT PARKING ON STREET OR IN MUNICIPAL LOT.

(A) Permit required.

(1) The City Manager or the designated representative may issue an annual permit for parking on a street or in a municipal lot to any person who demonstrates that the physical requirements of their property or other circumstances of a permanent nature would make compliance with overnight parking restrictions impossible or would impose an extreme hardship upon such person.

(2) In the event that the City Manager or the designated representative shall determine that any person shall be entitled to a permit for parking on street or in a municipal lot in accordance with division (A) of this section, such permit shall be in the form of a sticker that shall be affixed by permittee to the upper left rear windshield of their vehicle. Such permits shall be issued for specific vehicles only and shall not be transferable.

(3) Annual permits shall expire on May 31 and shall be renewable upon the showing of a continued need. Every June 1, there shall be a $60 fee for each annual permit for on-street or municipal lot overnight parking.

(4) The City Manager or the designated representative may issue temporary permits for a fixed period not to exceed 30 days to persons who demonstrate temporary circumstances which would make compliance impossible or unduly harsh. Such circumstances shall include but not be restricted to situations involving home improvement work, property maintenance projects and other specific events provided; however, the City Manager or the designated representative may, for good cause shown, suspend the requirement of a temporary permit for a period not exceeding 48 hours.

(5) Temporary permits shall be in the form of a card which shall be placed on the dashboard and be displayed so as to be visible through the front windshield while such vehicle is parked on street or in a municipal lot in accordance with division (A)(4) of this section.

(B) No motor vehicle granted a permit in accordance with division (A) of this section shall park on the west or south side of any municipal lot or on the side of any public street with odd-numbered buildings on any even-numbered day of the month or on the east or north side of any municipal lot or on the side of any public street with even-numbered buildings on any odd-numbered day of the month.

(D) Any vehicle parked in violation of this section may be removed by members of the Police Department or other City employees to a suitable garage or parking area and may be held pending claims for possession by the owner or the authorized agent. In addition to the fine set forth in § 72.99, said owner or agent shall be required to pay the actual storage and removal charges incurred as a result of violation of the provisions of this section.

(Ord. 208, passed 6-3-91) Penalty, see § 72.99

§ 72.16 REMOVAL OF VEHICLES IN VIOLATION.

No person shall park any automobile, truck, trailer, wagon or other vehicle on any public street with curbs; no parking within six feet from the outer edge of the surfacing of the street; on public streets with no curbs; no parking within six feet of the traveled portion of the street on public streets with no curbs or surfacing between the hours of 2:00 am and 6:00 a.m. from November 1 through march 31. No person shall park in any parking lot without a permit within the corporate limits of the City between the hours of 2:00 a.m. and 6:00 a.m. Any vehicle parked in violation of this chapter may be removed by either members of the Police Department or other City employees, to a suitable garage or other parking area, and may be held pending claims for possession by the owner or his authorized agent. In addition to the fine as set forth in § 72.99, said owner or his agent shall be required to pay the actual storage and removal charges incurred as a result of violation of the provisions of this chapter.

(Ord. 63, passed 5-10-48; Am. Ord. 148, passed 4-20-79; Am. Ord. 174, passed 11-27-84; Am. Ord. 191, passed - -88; Am. Ord 10-08, passed 8-16-2010)

§ 72.99 PENALTY.

(A) The following fines shall be applicable to parking and standing violations of this chapter:

SCHEDULE OF OFFENSES AND PENALTIES

Offense UTC Section Penalty

Parking too far from curb 8.1, 8.2 $25.00

Angle parking violations 8.3 $25.00

Obstructing traffic 8.5 $50.00

Prohibited parking (signs unnecessary) 8.10

(a) On sidewalk $25.00

(b) In front of drive $25.00

(d) Within 15 feet of hydrant $50.00

(e) On crosswalk $25.00

(f) Within 20 feet of crosswalk

or 15 feet of corner lot lines $25.00

(g) Within 20 feet of street side

traffic sign or signal $25.00

(h) Within 50 feet of railroad

crossing $25.00

(i) Within 20 feet of fire station

Station entrance $25.00

(j) Within 75 feet of fire entrance

on opposite side of street

(signs required) $25.00

(k) Beside street excavation when

traffic obstructed $50.00

(l) Double parking $50.00

(m) On bridge $25.00

(n) Within 200 feet of accident where

police in attendance $50.00

(o) Blocking emergency exit $50.00

(p) Blocking fire escape $50.00

In prohibited zone (signs required) 8.10(r) $50.00

Parking in yellow zone (yellow paint on curb) $25.00

Parking handicap zone without permit $50.00

Failure to display handicap sticker $25.00

In alley 8.13 $25.00

Parking for prohibited purpose 8.14

(a) Displaying vehicle for sale $25.00

(b) Working or repairing vehicle $25.00

(d) Selling merchandise $25.00

(e) Storage over 24 hours $25.00

Wrong side of roadway 8.15 $25.00

Loading zone violation 8.16, 8.17 $50.00

Bicycle parking violations 6.17 $25.00

(Ord. 111, passed 90-4-73; Am. Ord. 164, passed 1-4-82; Am. Ord. 190, passed 3-1-88; Am. Ord. 01-06, passed 8-6-2001)

(B) (1) Whoever violates any provision of § 72.15 shall be subject to a fine of $25.00.

(2) Any person convicted or tampering with, altering or illegally transferring any permit issued under § 72.15 shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $500, or by imprisonment for a period not exceeding 90 days, or both.

(Ord. 208, passed 6-3-91; Am. Ord. 01-05, passed 7-2-01; Am. Ord. 03-08, passed 1-5-04)

CHAPTER 73: BICYCLES; SNOWMOBILES

Section

General Provisions

73.01 Riding on sidewalk

73.02 Warning signals and lights

Snowmobiles

73.15 Purpose

73.16 Definitions

73.17 Registration required

73.18 Equipment necessary to operate snowmobiles in City limits

73.19 Operation on sidewalks

73.20 Restrictions on operation of snowmobiles

73.21 Careless operation

73.22 Notice of accident

73.23 Damage to property owners liability

73.24 Confiscation of snowmobiles

73.25 Penalty

GENERAL PROVISIONS

§ 73.01 RIDING ON SIDEWALK.

(A) It shall not be lawful for any person to ride a bicycle upon any sidewalk or crosswalk within the City, at a rate of speed faster than five miles an hour. (Ord. 26, passed - - )

(B) No person shall at any time hereafter ride any bicycle over, along or upon any sidewalk or sidewalks constructed, placed, laid or existing in the City on either side of Houghton Avenue. (Ord. 28, passed 6-3-1899)

Penalty, see § 10.99

§ 73.02 WARNING SIGNALS AND LIGHTS.

Every person who at any time shall ride a bicycle upon any sidewalk or crosswalk within the City shall have attached to the bicycle a bell which shall at a distance of 50 feet be rung to warn pedestrians of the approach of the rider and every rider who shall ride a bicycle upon any walks between the time of darkness in the evening and daylight in the morning shall also have attached to such bicycle a lighted lantern of suitable make to warn pedestrians and other persons of the approach of the rider.

(Ord. 26, passed - -) Penalty, see § 10.99

SNOWMOBILES

§ 73.15 PURPOSE.

It is the purpose of this subchapter to provide restricted use of the City streets for travel by snowmobiles to and from the City.

(Ord. 107, passed 1-17-72)

§ 73.16 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OPERATE. To control the operation of a snowmobile.

OPERATOR. Any person who operates or is in actual physical control of the snowmobile.

OWNER. Any of the following:

(1) A person who holds the legal title to a snowmobile;

(2) A vendee or lessee of a snowmobile which is the subject to an agreement of a conditional sale or lease thereof with the right of purchase upon performance of the condition stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee; or

(3) A person renting a snowmobile or having the exclusive use of a snowmobile for more than 30 days.

SNOWMOBILE. Any motorized vehicle designated for travel primarily on snow or ice, steered by wheels, skis or runners.

STREET. The entire width between the boundary lines of every public way maintained within the City when any part thereof is open to the use of the public for purposes of vehicular travel including the shoulders and nonpaved areas thereof.

(Ord. 107, passed 1-17-72)

§ 73.17 REGISTRATION REQUIRED.

No snowmobile shall be operated within the City on City streets unless registered in accordance with the provisions of the Public Acts of the State of Michigan, presently covered by Act 178 of the Public Acts of 1971, and identification numbers must be displayed as required thereby.

(Ord. 107, passed 1-17-72) Penalty, see § 10.99

§ 73.18 EQUIPMENT NECESSARY TO OPERATE SNOWMOBILES IN CITY LIMITS.

No snowmobile shall be operated in the City:

(A) Unless it has at least one headlight and one taillight turned on at all times during operation.

(B) Unless it has brakes capable of one of the following while the snowmobile travels on packed snow and carries an operator who weighs 175 pounds or more:

(1) Stopping the snowmobile in not more than 40 feet from an initial steady speed of 20 miles per hour.

(2) Locking the snowmobile's traction belt or belts.

(C) Unless it is equipped with a muffler in good working order in constant operation to prevent excessive or unusual noise.

(Ord. 107, passed 1-17-72) Penalty, see § 10.99

§ 73.19 OPERATION ON SIDEWALKS.

No snowmobile shall be operated on a City sidewalk.

(Ord. 107, passed 1-17-72) Penalty, see § 10.99

§ 73.20 RESTRICTIONS ON OPERATION OF SNOWMOBILES.

(A) Operation on City streets.

(1) No person may operate a snowmobile on a City street or alley:

(a) At a rate of speed greater than is reasonable and proper having due regard for conditions then existing and in no event in excess of 15 miles per hour; except between the hours of 12:00 midnight and 6:00 a.m., then not at a speed greater than the minimum required to maintain forward movement of the snowmobile while within 100 feet of a dwelling.

(b) While under the influence of, or while ability is impaired by, intoxicating liquor or narcotic drugs, barbital, or any derivative of barbital.

(c) In any parade or “snofari” of more than five snow machines unless specifically authorized by the City Police Chief with adequate safeguards for policing and appropriate escort.

(d) With more than one passenger on a snowmobile.

(2) Any person operating a snowmobile on a City street must:

(a) Come to a complete stop at all intersections, whether posted or not.

(b) Travel as close to the right edge of the plowed area of the street as practical and in single file.

(d) Yield the right-of-way to all vehicular traffic and pedestrians.

(3) No person may operate a snowmobile on a City street or alley except for the purpose of leaving the City or returning thereto by the most direct route and in such case unnecessary noise will not be permitted.

(B) Operation within the City limits.

(1) No person may operate a snowmobile within the City limits between the hours of 10:00 p.m. and 8:00 a.m., except for the express purpose of leaving the City or returning thereto upon the City streets or alleys by the most direct route and in such case unnecessary noise will not be permitted.

(2) No person may operate a snowmobile in any cemetery or in any established public park or recreation area unless specifically designated for operation of snowmobiles by the City Council.

(3) No person may operate a snowmobile on private property without the express consent of the property owner or his agent.

(C) Operation on and across Houghton Avenue. No snowmobile may be operated upon or along Houghton Avenue (M-55-76) except for the purpose of crossing. Crossings shall not be permitted at the intersections of Houghton Avenue and Second Street, Third Street and Fourth Street.

(Ord. 107, passed 1-17-72) Penalty, see § 10.99

§ 73.21 CARELESS OPERATION.

No person shall operate a snowmobile in the City in a careless or negligent manner likely to endanger any person or property.

(Ord. 107, passed 1-17-72) Penalty, see § 10.99

§ 73.22 NOTICE OF ACCIDENT.

The operator of a snowmobile involved in an accident resulting in injuries to, or death of, any person, or property damage in an estimated amount of $100 or more, or some person acting for him, or the owner of the snowmobile having knowledge of the accident, shall immediately by the quickest means of communication notify the Police Department, a state police officer or officers, or the sheriff's office of the county.

(Ord. 107, passed 1-17-72)

§ 73.23 DAMAGE TO PROPERTY OWNERS LIABILITY.

(A) Any snowmobile operated within the City will be presumed to be operated with the consent of the owner.

(B) The owner of a snowmobile may be held jointly and severally liable with the driver thereof for damages arising out of the negligent or improper operation of his snowmobile.

(C) The owner of a snowmobile may be held jointly and severally liable to a property owner for three times the amount of damage of trees shrubs, landscaping or personal property occurring on private property and caused by said snowmobile where the snowmobile is operated on the property of and without the consent of the property owner or his agent.

(Ord. 107, passed 1-17-72)

§ 73.24 CONFISCATION OF SNOWMOBILES.

Any machine-operated contrary to, or in violation of, any provisions of this subchapter or contrary to the Public Acts of the state by one other than the owner of the snowmobile, may be confiscated at the direction of the City Police Department. In the event a snowmobile is confiscated, the owner of the snowmobile must pay the costs of transportation, towing and storage and prove ownership of the snowmobile.

(Ord. 107, passed 1-17-72)

§73.25 PENALTY

Violation of this chapter is a Municipal Civil Infraction, pursuant to §10.99 of the City of West Branch Code of Ordinances.

(Ord. 01-04, passed 6-18-01)

(A) No person driving any vehicle shall enter into any through street or stop intersection, the entrance to which is marked by a stop sign, without bringing such vehicle to a full stop and after stopping, such person so driving shall yield the right-of-way to vehicles approaching on a through street, or to vehicles which have entered a stop intersection, as necessary for safety and avoidance of collision. Through streets and stop intersections, which shall be marked with appropriate stop signs, are hereby designated as follows:

(B) Through traffic prohibited on certain streets. The following streets are declared closed to through traffic by use of traffic-control signs. The City will, however, continue to maintain those streets for the use of its residents only.

This chapter is designed to define and regulate the use of skateboards upon public property and property open to the general public, to protect the health safety and welfare of citizens of West Branch, and to provide penalties for violations of this ordinance.

Skateboard: means a single platform mounted on wheels which is propelled solely by human power and which has no mechanism or other device with which to steer or control the direction or movement of the platform.

Central Business District (CBD): means the area inside the boundaries of the attached map. The area of the CBD includes the outer edge sidewalks and roads of the boundary.

(A) Skateboarding shall be prohibited upon any sidewalk, public parking lot or roadway within the Central Business District.

(B) No person shall at any time hereafter ride any skateboard over, along, or upon any sidewalk or sidewalks constructed, placed, laid or existing in the City on either side of Houghton Avenue.

(C) It shall be unlawful to skateboard on any bench, table, planter, wall, retaining wall, or other device or structure which is not intended for pedestrian or vehicle traffic, or to jump or step off such devices or structures in the process of skateboarding.

(D) It shall be unlawful for any person to skateboard in such a reckless or careless manner that could reasonably cause harm to others or damage property.

(E) It shall be unlawful for any person to skateboard on any private property without first obtaining and carrying on his person the written permission of the owner of such private property to allow such skateboarding. Failure of a person who has been skateboarding on private property to produce such written permission, upon the request of any officer, shall constitute prima facie evidence that such person is in violation of the subsection.

(F) It shall be unlawful to skateboard upon the surface of the tennis courts or basketball courts located at Irons Park.

(G) Skateboard operators on all sidewalks or roadways shall yield the right-of-way to all vehicular and pedestrian traffic.

A police officer may impound the skateboard and hold the same until the Municipal Civil Infraction is paid or adjudicated.

Violation of this chapter is a Municipal Civil Infraction, pursuant to Subsection 10.99 of the City of West Branch Code of Ordinances.

(b)“Driver’s license” means the operator’s or chauffeur’s license or permit

issued to an individual by the Secretary of State under chapter III of the Michigan vehicle code, 1949 PA 300, MCL 257.301 to MCL 257.329, for that individual to operate a vehicle, whether or not conditions are attached to the license or permit.

(c)“Maintained portion” means that portion of a road or street improved, designated or ordinarily used for vehicular traffic.

(d)“Operate” means to ride in or on, and be in actual physical control of the operation of an ORV.

(e)“Operator” means a person who operates or is in actual physical control of the operation of an ORV.

(f) “ORV” means a motor driven off road recreation vehicle capable of cross-country travel without benefit of a road or trail, on or immediately over land, snow, ice, marsh, swampland, or other natural terrain. ORV or vehicle includes, but is not limited to, a multitrack or multiwheel drive vehicle, an ATV, a motorcycle or related 2-wheel, 3-wheel, or 4-wheel vehicle, an amphibious machine, a ground effect air cushion vehicle, or other means of transportation deriving motive power from a source other than muscle or wind. ORV or vehicle does not include a registered snowmobile, a farm vehicle being used for farming, a vehicle used for military, fire, emergency, or law enforcement purposes, a vehicle owned and operated by a utility company or an oil or gas company when performing maintenance on its facilities or on property over which it has an easement, a construction or logging vehicle used in performance of its common function, or a registered aircraft.

(g)“Safety certificate” means a certificate issued pursuant to 1994 PA 451 as amended, MCL 324.81129, or a comparable ORV safety certificate issued under the authority of another state or province of Canada.

(h)“Street” means a city major street or local street as described in section 9 of 1951 PA 51, MCL 247.659.

(i) “Visual supervision” means the direct observation of the operator with the unaided or normally corrected eye, where the observer is able to come to the immediate aid of the operator.

§ 76.02. An ORV shall be operated within a designated route in the City. The following City streets are hereby established as the City of West Branch ORV designated route:

From Lucas Lane using the most direct route to any gas station within the City of West Branch.

§ 76.03. Except as set forth herein, or otherwise provided by law, an ORV meeting all of the following conditions may be operated in the ORV designated route:

(a) At a speed of no more than 15 miles per hour or a lower posted ORV speed limit if such lower speed limit shall be established.

(b) On the far right of the maintained portion of a street within the ORV designated route.

(i) While the operator and each passenger is wearing a crash helmet and protective eyewear approved by the United States Department of Transportation unless the vehicle is equipped with a roof, or roll bar(s), or windshield that meets or exceeds standards for a crash helmet and the operator and each passenger is wearing a properly adjusted and fastened seat belt.

(j) With a throttle so designed that when the pressure used to advance the throttle is

(m) For the purpose of obtaining access to recognized off road trails and for the

(n) No ORV will be permitted to drive on the ORV designated route before 7:00 a.m. or after 10:00 p.m.

§ 76.04. A child that is at least 12 years of age but less than 16 years of age shall not operate an ORV on a road or street in the City unless the child is under the direct visual supervision of a licensed adult and the child has in his or her immediate possession a Michigan issued ORV safety certificate or a comparable ORV safety certificate issued under the authority of another state or a province of Canada.

§ 76.05. Unless a person 16 or over possesses a valid driver’s license, a person shall not operate an ORV on a road or street in the City if the ORV is registered as a motor vehicle and is either more than 60 inches wide or has three wheels.

§ 76.06 The City is, immune from tort liability for injuries or damages sustained by any person arising in any way out of the operation or use of an ORV on maintained or unmaintained roads, streets, shoulders, and rights-of-way over which the City has jurisdiction.

§ 76.07. In a court action in this state, if competent evidence demonstrates that a vehicle is permitted to operate on a road or street pursuant to the code was in a collision with an ORV required to be operated on the far right of the maintained portion of a road or street pursuant to this ordinance, the operator of the ORV shall be considered prima facie negligent.

§ 76.08. Any person who violates this ordinance is guilty of a municipal civil infraction and may be ordered to pay a civil fine of not more than $ 500.00.

§ 76.09. A court may order a person who causes damage to the environment, a road or other property as a result of the operation of an ORV to pay full restitution for that damage above and beyond the penalties paid for civil fines.

§ 76.10. The City Treasurer shall deposit all fines and damages collected under this ordinance into the General Fund.