ORV ordinance

CHAPTER 76:  ORV ORDINANCE

Section
76.01  Definitions

76.02  Designated Route
76.03  Rules of Operation
76.04  Operation of an ORV - 12 years of age to 16 years of age
76.05  Operation of an ORV – Valid License
76.06  Tort Liability Immunity
76.07  Collision of Vehicle and ORV
76.08  Penalty
76.09  Restitution
76.10  Deposit of Fines

§ 76.01  DEFINITIONS.
As used in this ordinance, the following definitions shall apply:

(a)  CITY means the City of West Branch

(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  DESIGNATED ROUTE.
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:

 Street Name  From  To 
 Dow Road  City Limits  Annie Street 
 Annie Street Dow Road  North Fifth Street 
 North Fifth Street Annie Street  Lucas Lane


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

§ 76.03  RULES OF OPERATION.
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.

(c)  By a person not less than 12 years of age.

(d)  With the flow of traffic.

(e)  In a manner which does not interfere with traffic on the road or street.

(f)  Traveling single file except when overtaking and passing another ORV.

(g)  When visibility is not substantially reduced due to weather conditions.

(h)  While displaying a lighted headlight and lighted taillight at all hours.

(i)  While displaying a valid registration.

(j)  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.

(k)  With a throttle so designed that when the pressure used to advance the throttle is removed, the genuine speed will immediately and automatically return to idle.

(l)  While the ORV is equipped with a spark arrester type United States Forest Service approved muffler in good working order and in constant operation.

(m)  Pursuant to noise emission standards defined by law.

(n)  For the purpose of obtaining access to recognized off road trails and for the operator to purchase retail goods and services in conjunction with the legal operations of an ORV.

(o)  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  OPERATION OF AN ORV - 12 years of age to 16 years of age.
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  OPERATION OF AN ORV - Valid License.  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  TORT LIABILITY IMMUNITY.  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  COLLISION OF VEHICLE AND ORV.
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  PENALTY.
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  RESTITUTION.
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  DEPOSIT OF FINES.
The City Treasurer shall deposit all fines and damages collected under this ordinance into the General Fund.