As used in this chapter:
   (a)   “ATV” means a vehicle with three or more wheels that is designed for off-road use, has low-pressure tires, has a seat designed to be straddled by the rider, and is powered by a 50cc to 1,000cc gasoline engine or an engine of comparable size using other fuels.
   (b)   “City street” means any city street or public right-of-way inside the City of Battle Creek owned or maintained by the City of Battle Creek, but not including any state route or federal highway located within the City of Battle Creek.
   (c)   “Driver’s license” means an 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, M.C.L.A. Secs. 257.301 to 257.329, for that individual to operate a vehicle, whether or not conditions are attached to the license or permit; or a comparable license or permit issued under the authority of another State or a province of Canada.
   (d)   “Highway” means a state trunk line highway or a segment of a state line highway.
   (e)   “Maintained portion” means the roadway and any shoulder of a City street.
   (f)   “Off-road vehicle” or “ORV” means a motor-driven off-road recreational 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 includes, but is not limited to, a multitrack or multiwheel drive vehicle, an ATV, a motorcycle or related two-wheel, three-wheel, or four-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 does not include a registered snowmobile, a farm vehicle being use 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 and 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 functions, or a registered aircraft.
   (g)   “Operate” means to ride in or on, and be in actual physical control of, the operation of an ORV.
   (h)   “Operator” means each person who operates, or is in physical control of, any ORV vehicle as defined by this chapter.
   (i)   “ORV license” means a license issued by the department of licensing for operation of an off road vehicle.
   (j)   “Owner” means the person other than the lien holder, having an interest in or title to an ORV vehicle, and entitled to the use or possession thereof.
   (k)   “Parking areas” means any public or private parking area located inside the city limits of the City of Battle Creek.
   (l)   “Registered” means a registration certificate, plate, adhesive tab, or other indicator of registration issued under the Michigan Motor Vehicle Code, M.C.L.A. Secs. 257.1 to 257.923, for display on an ORV;
   (m)   “Residential home” means a parcel of land containing no more than one dwelling structure, which has no more than four residential units within that one structure.
   (n)   “Residential neighborhood” means a city street with residential homes as defined above abutting within the same block but excluding the Downtown Business District as defined in Section 814.04 of this Code.
   (o)   “Roadway” means the portion of a City street improved, designed, or ordinarily used for travel by vehicles registered under the Michigan Vehicle Code, 1949 PA 300, M.C.L.A. Secs. 257.301 to 257.329. “Roadway” does not include the shoulder.
   (p)   “Shoulder” means that portion of a City street contiguous to the roadway and generally extending the contour of the roadway, not designed for vehicular travel but maintained for the temporary accommodation of disabled or stopped motor vehicles otherwise permitted on the roadway.
   (q)   “Sidewalk(s)” means the portion of a City street designed for pedestrian travel.
(Ord. 08-2014.  Passed 10-21-14.)